dreamproit/uscode huggingface dataset:
16 U.S.C. § 3334 (CONSERVATION)
§ 3334. Review of State program by Secretary
(a) In general
The Secretary shall conduct a continuing review of the State program to determine whether the program remains consistent with this chapter or other applicable law. Such review shall include a biennial audit of the rec­ords of the State program.
(b) Action upon finding of noncompliance
If the Secretary finds that the program or the administration thereof is no longer in compliance with this subchapter, he shall reduce or discontinue distribution of funds under this subchapter, or take other appropriate action.
(c) Disposition of certain moneys
If the Secretary finds that any money provided to the State or obtained by the State from the resale of any fishing or charter vessel purchased under the program is not being used in accordance with the provisions of this subchapter, the Secretary shall recover from the fund, and place in the United States Treasury, such moneys.
(Pub. L. 96–561, title I, § 133, Dec. 22, 1980, 94 Stat. 3285.)
16 U.S.C. § 3335 (CONSERVATION)
§ 3335. Authorization of appropriations
There are authorized to be appropriated to the Secretary, for the purposes of carrying out the provisions of this subchapter, $37,500,000 for the 5-year period beginning October 1, 1981.
(Pub. L. 96–561, title I, § 134, Dec. 22, 1980, 94 Stat. 3285.)
16 U.S.C. § 3336 (CONSERVATION)
§ 3336. Special provision
On the date the Secretary approves the program under section 3333 of this title, the State shall be treated as having expended such portion of $32,000,000 as the State deems appropriate for purposes of implementing the program.
(Pub. L. 96–561, title I, § 135, Dec. 22, 1980, 94 Stat. 3285.)
16 U.S.C. § 3341 (CONSERVATION)
§ 3341. Regulations
The Secretary of Commerce and the Secretary of the Interior may each promulgate such regulations, in accordance with section 553 of title 5, as may be necessary to carry out his functions under this chapter.
(Pub. L. 96–561, title I, § 140, Dec. 22, 1980, 94 Stat. 3286.)
16 U.S.C. § 3342 (CONSERVATION)
§ 3342. Annual status reports on programs; monitoring
(a) Reports
The State of Washington, the State of Oregon, and the appropriate tribal coordinating bodies shall submit to the appropriate Secretary an annual report on the status of the programs authorized by this chapter or any other relevant report requested by such Secretary.
(b) Monitoring
After the 18-month period after approval of the report of the Salmon and Steelhead Advisory Commission under subchapter II, the Secretary of Commerce shall establish a system to monitor and evaluate on a continuing basis whether the management program set forth in the report is being effectively implemented. If at any time after the monitoring system is established, the Secretary finds that—
(1) the number of parties referred to in section 3314 of this title has been reduced to the extent that such program cannot be implemented effectively; or
(2) the general implementation of the program is ineffective;
the Secretary shall immediately discontinue any further funding under subchapter III.
(Pub. L. 96–561, title I, § 141, Dec. 22, 1980, 94 Stat. 3286.)
16 U.S.C. § 3343 (CONSERVATION)
§ 3343. Construction with fishery conservation and management provisions
(a) Consistency
Nothing in this chapter shall be construed as affecting the provisions of title III of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1851 et seq.] as it applies with respect to fishery management plans and their application to any fishery, except that the Pacific Fishery Management Council shall ensure that existing and future fishery management plans are consistent with any recommended program approved under section 3311 of this title and any enhancement plan under subchapter III.
(b) Fleet mobility
The Secretary of Commerce in coordination with the Pacific Fishery Management Council in its salmon management plan shall ensure that the fishing effort reduction that results from the fleet adjustment program of subchapter IV and the license moratorium of the State of Washington is not replaced by new fishing effort from outside such State.
(Pub. L. 96–561, title I, § 142, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3286, 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331. Title III of the Act is classified generally to subchapter IV (§ 1851 et seq.) of chapter 38 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
1980—Subsec. (a). Pub. L. 96–561, § 238(b), substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.
16 U.S.C. § 3344 (CONSERVATION)
§ 3344. Construction with other laws
Nothing in this chapter shall be construed—
(1) to diminish Federal, State, or tribal jurisdiction, responsibility, or rights in the field of resource enhancement and management, or control of water resources, submerged lands, or navigable waters; nor to limit the authority of Congress to authorize and fund projects; or
(2) as superseding, modifying, or repealing any existing applicable law, except as provided for in this section.
(Pub. L. 96–561, title I, § 143, Dec. 22, 1980, 94 Stat. 3286.)
16 U.S.C. § 3345 (CONSERVATION)
§ 3345. Authorization of additional appropriations
In addition to other authorizations of appropriations contained in this chapter, there are authorized to be appropriated to the Secretary of Commerce beginning October 1, 1981, an amount not to exceed $5,000,000 for the purpose of developing fisheries port facilities in the State of Oregon. The Secretary shall obligate such funds for projects proposed by units of State or local government, Indian tribes, or private nonprofit entities, and approved by the State of Oregon in consultation with the National Marine Fisheries Service and the Economic Development Administration. To the extent practicable, the Secretary shall assure that projects under this section are integrated with planning and assistance under the Public Works and Economic Development Act [42 U.S.C. 3121 et seq.] Funds available under this section shall not be used for any navigational improvement or other modification of the navigable waters of the United States. Funds appropriated pursuant to this section shall remain available until expended.
(Pub. L. 96–561, title I, § 144, Dec. 22, 1980, 94 Stat. 3286.)
heading: Editorial Notes
heading: References in Text
text: The Public Works and Economic Development Act, referred to in text, probably means the Public Works and Economic Development Act of 1965, Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
16 U.S.C. § 3378 (CONSERVATION)
§ 3378. Miscellaneous provisions
(a) Effect on powers of States
Nothing in this chapter shall be construed to prevent the several States or Indian tribes from making or enforcing laws or regulations not inconsistent with the provisions of this chapter.
(b) Repeals
The following provisions of law are repealed:
(1) The Act of May 20, 1926 (commonly known as the Black Bass Act; 16 U.S.C. 851–856).
(2) Section 667e of this title and sections 43 and 44 of title 18 (commonly known as provisions of the Lacey Act).
(3) Sections 3054 and 3112 of title 18.
(c) Disclaimers
Nothing in this chapter shall be construed as—
(1) repealing, superseding, or modifying any provision of Federal law other than those specified in subsection (b);
(2) repealing, superseding, or modifying any right, privilege, or immunity granted, reserved, or established pursuant to treaty, statute, or executive order pertaining to any Indian tribe, band, or community; or
(3) enlarging or diminishing the authority of any State or Indian tribe to regulate the activities of persons within Indian reservations.
(d) Travel and transportation expenses
The Secretary of the Interior is authorized to pay from agency appropriations the travel expense of newly appointed special agents of the United States Fish and Wildlife Service and the transportation expense of household goods and personal effects from place of residence at time of selection to first duty station to the extent authorized by section 5724 of title 5 for all such special agents appointed after January 1, 1977.
(e) Interior appropriations budget proposal
The Secretary shall identify the funds utilized to enforce this chapter and any regulations thereto as a specific appropriations item in the Department of the Interior appropriations budget proposal to the Congress.
(Pub. L. 97–79, § 9(a)–(c), (g), (h), Nov. 16, 1981, 95 Stat. 1079, 1080.)
heading: Editorial Notes
heading: References in Text
text: The Black Bass Act, referred to in subsec. (b)(1), is act May 20, 1926, ch. 346, 44 Stat. 576, which was classified generally to chapter 13 (§ 851 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Subsecs. (d) and (e) of this section were in the original subsecs. (g) and (h), respectively, of section 9 of Pub. L. 97–79 and were redesignated for purposes of codification.
16 U.S.C. § 3401 (CONSERVATION)
§ 3401. Repealed. Pub. L. 104–127, title III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
text: Section, Pub. L. 97–98, title XV, § 1501, Dec. 22, 1981, 95 Stat. 1328, reaffirmed congressional policy regarding soil and water conservation.
16 U.S.C. § 3411...3414 (CONSERVATION)
§§ 3411 to 3414. Repealed. Pub. L. 104–127, title III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
text: Section 3411, Pub. L. 97–98, title XV, § 1502, Dec. 22, 1981, 95 Stat. 1328, set forth findings relating to special areas conservation.
text: Section 3412, Pub. L. 97–98, title XV, § 1503, Dec. 22, 1981, 95 Stat. 1329, related to program formulation and implementation.
text: Section 3413, Pub. L. 97–98, title XV, § 1504, Dec. 22, 1981, 95 Stat. 1331, related to designation of geographic area as special area.
text: Section 3414, Pub. L. 97–98, title XV, § 1505, Dec. 22, 1981, 95 Stat. 1331, set forth limitations on contracts under program.
16 U.S.C. § 3415 (CONSERVATION)
§ 3415. Repealed. Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710
text: Section, Pub. L. 97–98, title XV, § 1506, Dec. 22, 1981, 95 Stat. 1332, directed Secretary to submit copies of special area reports to Congress.
16 U.S.C. § 3416...3418 (CONSERVATION)
§§ 3416 to 3418. Repealed. Pub. L. 104–127, title III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
text: Section 3416, Pub. L. 97–98, title XV, § 1506, formerly § 1507, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1506, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, related to utilization of services and facilities in carrying out provisions of this subchapter.
text: Section 3417, Pub. L. 97–98, title XV, § 1507, formerly § 1508, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1507, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, authorized expenditure of funds for improvement of technology.
text: Section 3418, Pub. L. 97–98, title XV, § 1508, formerly § 1509, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1508, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, authorized appropriations to carry out subchapter programs.
16 U.S.C. § 3419 (CONSERVATION)
§ 3419. Repealed. Pub. L. 104–66, title I, § 1011(q), Dec. 21, 1995, 109 Stat. 710
text: Section, Pub. L. 97–98, title XV, § 1510, Dec. 22, 1981, 95 Stat. 1332, directed Secretary to submit reports to Congress concerning operation of special areas conservation program.
16 U.S.C. § 3420 (CONSERVATION)
§ 3420. Repealed. Pub. L. 104–127, title III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
text: Section, Pub. L. 97–98, title XV, § 1509, formerly § 1511, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1509, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, provided for protection of program participants.
16 U.S.C. § 3431...3436 (CONSERVATION)
§§ 3431 to 3436. Repealed. Pub. L. 104–127, title III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
text: Section 3431, Pub. L. 97–98, title XV, § 1514, Dec. 22, 1981, 95 Stat. 1333, authorized formulation and implementation of grants program.
text: Section 3432, Pub. L. 97–98, title XV, § 1515, Dec. 22, 1981, 95 Stat. 1334, related to program and plan review and implementation.
text: Section 3433, Pub. L. 97–98, title XV, § 1516, Dec. 22, 1981, 95 Stat. 1334, related to long-range programs and annual work plans.
text: Section 3434, Pub. L. 97–98, title XV, § 1517, Dec. 22, 1981, 95 Stat. 1334, authorized technical assistance to landowners and operators.
text: Section 3435, Pub. L. 97–98, title XV, § 1518, Dec. 22, 1981, 95 Stat. 1335, related to recordkeeping, audit and examination, and access to books and records.
text: Section 3436, Pub. L. 97–98, title XV, § 1519, Dec. 22, 1981, 95 Stat. 1335, authorized appropriations to carry out provisions of subchapter III.
16 U.S.C. § 3441...3445 (CONSERVATION)
§§ 3441 to 3445. Repealed. Pub. L. 104–127, title III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
text: Section 3441, Pub. L. 97–98, title XV, § 1521, Dec. 22, 1981, 95 Stat. 1336, authorized formulation and implementation of reservoir sedimentation reduction program.
text: Section 3442, Pub. L. 97–98, title XV, § 1522, Dec. 22, 1981, 95 Stat. 1336, related to preparation and contents of plan.
text: Section 3443, Pub. L. 97–98, title XV, § 1523, Dec. 22, 1981, 95 Stat. 1336, related to approval of plans by Congress.
text: Section 3444, Pub. L. 97–98, title XV, § 1524, Dec. 22, 1981, 95 Stat. 1336, authorized appropriations for carrying out provisions of subchapter IV.
text: Section 3445, Pub. L. 97–98, title XV, § 1525, Dec. 22, 1981, 95 Stat. 1337, required report to Congress by Jan. 1, 1987, evaluating program.
16 U.S.C. § 3452 (CONSERVATION)
§ 3452. Resource conservation and development program
The Secretary shall establish a resource conservation and development program under which the Secretary shall provide technical assistance and financial assistance to councils to develop and carry out area plans and projects in designated areas—
(1) to conserve and improve the use of land, develop natural resources, and improve and enhance the social, economic, and environmental conditions in primarily rural areas of the United States; and
(2) to encourage and improve the capability of State,1 units of government, Indian tribes, nonprofit organizations, and councils to carry out the purposes described in paragraph (1).
(Pub. L. 97–98, title XV, § 1529, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3452, Pub. L. 97–98, title XV, § 1529, Dec. 22, 1981, 95 Stat. 1337, related to definitions, prior to the general amendment of this subchapter by Pub. L. 107–171.
16 U.S.C. § 3453 (CONSERVATION)
§ 3453. Selection of designated areas
The Secretary shall select designated areas for assistance under this subchapter on the basis of the elements of area plans.
(Pub. L. 97–98, title XV, § 1530, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3453, Pub. L. 97–98, title XV, § 1530, Dec. 22, 1981, 95 Stat. 1339, related to the establishment and scope of resource conservation and development program, prior to the general amendment of this subchapter by Pub. L. 107–171.
16 U.S.C. § 3454 (CONSERVATION)
§ 3454. Powers of the Secretary
(a) In general
In carrying out this subchapter, the Secretary may—
(1) provide technical assistance to any council to assist in developing and implementing an area plan for a designated area;
(2) cooperate with other departments and agencies of the Federal Government, States, local units of government, local Indian tribes, and local nonprofit organizations in conducting surveys and inventories, disseminating information, and developing area plans;
(3) assist in carrying out an area plan approved by the Secretary for any designated area by providing technical assistance and financial assistance to any council; and
(4) enter into agreements with councils in accordance with section 3455 of this title.
(b) Coordinator
(1) In general
To improve the provision of technical assistance to councils under this subchapter, the Secretary shall designate for each council an individual to be the coordinator for the council.
(2) Responsibility
A coordinator for a council shall be directly responsible for the provision of technical assistance to the council.
(Pub. L. 97–98, title XV, § 1531, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272; amended Pub. L. 110–234, title II, § 2805(c), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2805(c), June 18, 2008, 122 Stat. 1664, 1816.)
heading: Editorial Notes
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: Prior Provisions
text: A prior section 3454, Pub. L. 97–98, title XV, § 1531, Dec. 22, 1981, 95 Stat. 1339, related to selection of designated areas for assistance, prior to the general amendment of this subchapter by Pub. L. 107–171.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2805(c), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
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. § 3455 (CONSERVATION)
§ 3455. Eligibility; terms and conditions
(a) Eligibility
Technical assistance and financial assistance may be provided by the Secretary under this subchapter to any council to assist in carrying out a project specified in an area plan approved by the Secretary only if—
(1) the council agrees in writing—
(A) to carry out the project; and
(B) to finance or arrange for financing of any portion of the cost of carrying out the project for which financial assistance is not provided by the Secretary under this subchapter;
(2) the project is included in an area plan and is approved by the council;
(3) the Secretary determines that assistance is necessary to carry out the area plan;
(4) the project provided for in the area plan is consistent with any comprehensive plan for the area;
(5) the cost of the land or an interest in the land acquired or to be acquired under the plan by any State, local unit of government, Indian tribe, or local nonprofit organization is borne by the State, local unit of government, Indian tribe, or local nonprofit organization, respectively; and
(6) the State, local unit of government, Indian tribe, or local nonprofit organization participating in the area plan agrees to maintain and operate the project.
(b) Loans
(1) In general
Subject to paragraphs (2) and (3), a loan made under this subchapter shall be made on such terms and conditions as the Secretary may prescribe.
(2) Term
A loan for a project made under this subchapter shall have a term of not more than 30 years after the date of completion of the project.
(3) Interest rate
A loan made under this subchapter shall bear interest at the average rate of interest paid by the United States on obligations of a comparable term, as determined by the Secretary of the Treasury.
(c) Approval by Secretary
Technical assistance and financial assistance under this subchapter may not be made available to a council to carry out an area plan unless the area plan has been submitted to and approved by the Secretary.
(d) Withdrawal
The Secretary may withdraw technical assistance and financial assistance with respect to any area plan if the Secretary determines that the assistance is no longer necessary or that sufficient progress has not been made toward developing or implementing the elements of the area plan.
(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3455, Pub. L. 97–98, title XV, § 1532, Dec. 22, 1981, 95 Stat. 1339, related to authority of the Secretary to carry out provisions of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107–171.
16 U.S.C. § 3456 (CONSERVATION)
§ 3456. Resource Conservation and Development Policy Advisory Board
(a) Establishment
The Secretary shall establish within the Department of Agriculture a Resource Conservation and Development Policy Advisory Board.
(b) Composition
(1) In general
The Board shall be composed of at least 7 employees of the Department of Agriculture selected by the Secretary.
(2) Chairperson
A member of the Board shall be designated by the Secretary to serve as chairperson of the Board.
(c) Duties
The Board shall advise the Secretary regarding the administration of this subchapter, including the formulation of policies for carrying out this subchapter.
(Pub. L. 97–98, title XV, § 1533, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 273.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3456, Pub. L. 97–98, title XV, § 1533, Dec. 22, 1981, 95 Stat. 1339, related to technical and financial assistance to carry out specified works of improvement, prior to the general amendment of this subchapter by Pub. L. 107–171.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Boards
text: Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.