dreamproit/uscode huggingface dataset:
16 U.S.C. § 3931 (CONSERVATION)
§ 3931. National wetlands inventory project
(a) In general
The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall continue the National Wetlands Inventory Project and shall—
(1) produce, by September 30, 1988, National Wetlands Inventory maps for the areas that have been identified by the Service as top priorities for mapping, including—
(A) the entire coastal zone of the United States;
(B) floodplains of major rivers; and
(C) the Prairie Pothole region;
(2) produce, by September 30, 1998, National Wetlands Inventory maps for those portions of the contiguous United States for which final maps have not been produced earlier;
(3) produce, by September 30, 2000, National Wetlands Inventory maps for Alaska and other noncontiguous portions of the United States;
(4) produce, by September 30, 1990, and at ten-year intervals thereafter, reports to update and improve the information contained in the report dated September 1982 and entitled “Status and Trends of Wetlands and Deepwater Habitat in the Coterminous United States, 1950’s to 1970’s”;
(5) produce, by April 30, 1990, a report that provides—
(A) an assessment of the estimated total number of acres of wetland habitat as of the 1780’s in the areas that now comprise each State; and
(B) an assessment of the estimated total number of acres of wetlands in each State as of the 1980’s, and the percentage of loss of wetlands in each State between the 1780’s and the 1980’s;
(6) produce, by September 30, 2004, a digital wetlands data base for the United States based on the final wetlands maps produced under this section; and
(7) archive and make available for dissemination wetlands data and maps digitized under this section as such data and maps become available.
(b) Notice
The Secretary shall notify the appropriate State and local units of government at such time as he proposes to begin map preparation under subsection (a) in an area. Such notice shall include, but is not limited to, the identification of the area to be mapped, the proposed schedule for completion, and the identification of a source for further information.
(Pub. L. 99–645, title IV, § 401, Nov. 10, 1986, 100 Stat. 3588; Pub. L. 101–233, § 18, Dec. 13, 1989, 103 Stat. 1978; Pub. L. 102–440, title III, § 305, Oct. 23, 1992, 106 Stat. 2235.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a)(3). Pub. L. 102–440, § 305(1), substituted “by September 30, 2000” for “as soon as practicable”.
Subsec. (a)(4). Pub. L. 102–440, § 305(2), which directed amendment of par. (4) by substituting a semicolon for “. And”, was executed by making the substitution for “. and”, to reflect the probable intent of Congress.
Subsec. (a)(6), (7). Pub. L. 102–440, § 305(3), (4), added pars. (6) and (7).
1989—Subsec. (a)(5). Pub. L. 101–233 added par. (5).
16 U.S.C. § 3932 (CONSERVATION)
§ 3932. Reports to Congress
(a) In general
The Secretary, in consultation and cooperation with the Secretary of Agriculture, shall prepare and submit to the committees—
(1) by March 30, 1987, a report regarding the status, condition, and trends of wetlands in the lower Mississippi alluvial plain and the prairie pothole regions of the United States; and
(2) by September 30, 1987, a report regarding trends of wetlands in all other areas of the United States.
(b) Contents of reports
The reports required under subsection (a) shall contain—
(1) an analysis of the factors responsible for wetlands destruction, degradation, protection and enhancement;
(2) a compilation and analysis of Federal statutory and regulatory mechanisms, including expenditures, financial assistance, and tax provisions which—
(A) induce wetlands destruction or degradation; or
(B) protect or enhance wetlands;
(3) a compilation and analysis of Federal expenditures resulting from wetlands destruction, degradation, protection or enhancement;
(4) an analysis of public and private patterns of ownership of wetlands;
(5) an analysis of the environmental and economic impact of eliminating or restricting future Federal expenditures and financial assistance, whether direct or indirect, which have the effect of encouraging the destruction, degradation, protection or enhancement of wetlands, including—
(A) public works expenditures;
(B) assistance programs such as price support programs, commodity loans and purchase programs and disaster assistance programs;
(C) soil conservation programs; and
(D) certain income tax provisions;
(6) an analysis of the environmental and economic impact of failure to restrict future Federal expenditures, financial assistance, and tax provisions which have the effect of encouraging the destruction, degradation, protection or enhancement of wetlands, including—
(A) assistance for normal silviculture activity (such as plowing, seeding, planting, cultivating, minor drainage, or harvesting for the production of fiber or forest products);
(B) Federal expenditures required incident to studies, evaluations, design, construction, operation, maintenance, or rehabilitation of Federal water resource development activities, including channel improvements;
(C) the commodity loans and purchases program and cotton, feed grain, wheat, and rice production stabilization programs administered by the Department of Agriculture; and
(D) Federal expenditures for the construction of publicly owned or publicly operated highways, roads, structures, or facilities that are essential links in a larger network or system; and
(7) recommendations for the conservation of wetlands resources based on an evaluation and comparison of all management alternatives, and combinations of management alternatives, such as State and local actions, Federal actions, and initiatives by private organizations and individuals.
(Pub. L. 99–645, title IV, § 402, Nov. 10, 1986, 100 Stat. 3589.)
16 U.S.C. § 3955 (CONSERVATION)
§ 3955. Distribution of appropriations
(a) Priority project and conservation planning expenditures
Of the total amount appropriated during a given fiscal year to carry out this chapter, 70 percent shall be available, and shall remain available until expended, for the purposes of making expenditures—
(1) not to exceed the aggregate amount of $5,000,000 annually to assist the Task Force in the preparation of the list required under this chapter and the plan required under this chapter, including preparation of—
(A) preliminary assessments;
(B) general or site-specific inventories;
(C) reconnaissance, engineering or other studies;
(D) preliminary design work; and
(E) such other studies as may be necessary to identify and evaluate the feasibility of coastal wetland restoration projects;
(2) to carry out coastal wetlands restoration projects in accordance with the priorities set forth on the list prepared under this chapter;
(3) to carry out wetlands restoration projects in accordance with the priorities set forth in the restoration plan prepared under this chapter;
(4) to make grants not to exceed $2,500,000 annually or $10,000,000 in total, to assist the agency designated by the State in development of the Coastal Wetlands Conservation Plan pursuant to this chapter.
(b) Coastal wetlands conservation grants
Of the total amount appropriated during a given fiscal year to carry out this chapter, 15 percent shall be available, and shall remain available to the Director, for purposes of making grants—
(1) to any coastal State, except States eligible to receive funding under subsection (a), to carry out coastal wetlands conservation projects in accordance with section 3954 of this title; and
(2) in the amount of $2,500,000 in total for an assessment of the status, condition, and trends of wetlands in the State of Texas.
(c) North American wetlands conservation
Of the total amount appropriated during a given fiscal year to carry out this chapter, 15 percent shall be available to, and shall remain available until expended by, the Secretary of the Interior for allocation to carry out wetlands conservation projects in coastal wetlands ecosystems in any coastal State under section 4407 of this title.
(Pub. L. 101–646, title III, § 306, Nov. 29, 1990, 104 Stat. 4786; Pub. L. 103–375, § 5, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 108–447, div. C, title I, § 114(a), Dec. 8, 2004, 118 Stat. 2944.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–447, § 114(a)(1), struck out “, not to exceed $70,000,000,” before “shall be available” in introductory provisions.
Subsec. (b). Pub. L. 108–447, § 114(a)(2), struck out “, not to exceed $15,000,000” before “shall be available” in introductory provisions.
Subsec. (c). Pub. L. 108–447, § 114(a)(3), struck out “, not to exceed $15,000,000,” before “shall be available”.
1994—Subsec. (c). Pub. L. 103–375 inserted “in coastal wetlands ecosystems” after “wetlands conservation projects”.
16 U.S.C. § 3956 (CONSERVATION)
§ 3956. General provisions
(a) Additional authority for Corps of Engineers
The Secretary is authorized to carry out projects for the protection, restoration, or enhancement of aquatic and associated ecosystems, including projects for the protection, restoration, or creation of wetlands and coastal ecosystems. In carrying out such projects, the Secretary shall give such projects equal consideration with projects relating to irrigation, navigation, or flood control.
(b) Study
The Secretary is hereby authorized and directed to study the feasibility of modifying the operation of existing navigation and flood control projects to allow for an increase in the share of the Mississippi River flows and sediment sent down the Atchafalaya River for purposes of land building and wetlands nourishment.
(Pub. L. 101–646, title III, § 307, Nov. 29, 1990, 104 Stat. 4787.)
16 U.S.C. § 4001 (CONSERVATION)
§ 4001. Congressional findings
The Congress finds that—
(1) the commercial fishing industry of the United States significantly contributes to the national economy, and could make a greater contribution if fish resources within the United States Exclusive Economic Zone were more fully utilized;
(2) the commercial fisheries of the United States provide significant employment in coastal areas and in processing and distribution centers;
(3) fish contribute an important nutritional component to the American diet;
(4) increased consumption of seafood in the United States could significantly lower the risk of many cardiovascular diseases;
(5) Federally supported development programs for commercial fisheries are unable to meet present and future marketing needs;
(6) many fish species are underutilized by the United States fishing industry because of underdeveloped markets; and
(7) the United States fishing industry has the potential to expand greatly its contribution to interstate and foreign commerce, favorably affecting the balance of trade.
(Pub. L. 99–659, title II, § 202, Nov. 14, 1986, 100 Stat. 3715.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 99–659, title II, § 201, Nov. 14, 1986, 100 Stat. 3715, provided that: “This title [enacting this chapter and amending section 713c–3 of Title 15, Commerce and Trade] may be cited as the ‘Fish and Seafood Promotion Act of 1986’.”
heading: Report to Congress on Fish and Seafood Promotion
text: Pub. L. 99–659, title II, § 219, Nov. 14, 1986, 100 Stat. 3731, provided that: “The Secretary shall, not later than March 1, 1989, submit to the Congress a report on the effectiveness of the implementation of this title [enacting this chapter and amending section 713c–3 of Title 15, Commerce and Trade] in achieving the purposes of this title.”
16 U.S.C. § 4002 (CONSERVATION)
§ 4002. Congressional statement of purpose
The purpose of this chapter is to—
(1) strengthen the competitive position of the United States commercial fishing industry in the domestic and international marketplace;
(2) encourage the development and utilization of all species of fish available for harvest by the United States fishing industry;
(3) encourage the utilization of domestically-produced fish through enhancement of markets, promotion, and public relations;
(4) help the United States fishing industry develop methods to improve quality and efficiency in the marketplace;
(5) educate and inform consumers on the use of fish;
(6) develop better coordination of fisheries marketing and promotion activities with commercial fisheries research and development programs; and
(7) educate and inform the public about the nutritional value of fish in the diet.
(Pub. L. 99–659, title II, § 203, Nov. 14, 1986, 100 Stat. 3716.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 99–659, Nov. 14, 1986, 100 Stat. 3715, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 4001 of this title and Tables.
16 U.S.C. § 4006 (CONSERVATION)
§ 4006. Duties of Secretary with regard to National Council
(a) Duties of Secretary
The Secretary shall—
(1) within sixty days after its submission by the National Council, review the annual marketing and promotion plan and budget and, if the Secretary determines that such plan and budget are in accordance with the purposes and policies of this chapter, approve such plan and budget;
(2) administer the Fund and, in accordance with subsection (b) of this section, withdraw from the Fund such sums as are necessary to carry out the National Council’s approved marketing and promotion plan and budget;
(3) promulgate regulations necessary to carry out the purposes and policies of this chapter;
(4) provide such administrative assistance as the National Council may require for purposes of its initial organization and operation; and
(5) make all initial appointments to the National Council within ninety days after November 14, 1986.
(b) Withdrawal of funds
The Secretary shall make withdrawals of sums from the Fund under this section at the request of the National Council, unless the Secretary determines that the purposes for which such sums are requested are not reasonably likely to further the purposes and policies of this chapter.
(Pub. L. 99–659, title II, § 207, Nov. 14, 1986, 100 Stat. 3719; Pub. L. 101–627, title VII, § 704(c), Nov. 28, 1990, 104 Stat. 4464.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (a)(5). Pub. L. 101–627 inserted “initial” before “appointments”.
16 U.S.C. § 4008 (CONSERVATION)
§ 4008. Establishment of Fisheries Promotional Fund
(a) Establishment of Fund
There is established in the Treasury of the United States a Fisheries Promotional Fund. The Fund shall be available, to the extent provided for in appropriation Acts, for the purpose of making payments to carry out the annual marketing and promotion plan and annual budget of the National Council under this chapter.
(b) Deposits
There shall be deposited in the Fund—
(1) the moneys transferred to the Fund under section 713c–3(b)(2) of title 15;
(2) payments made voluntarily pursuant to section 4007 of this title; and
(3) receipts from investments made under subsection (c) of this section.
(c) Deposits and investments
Sums in the Fund that are not currently needed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts that shall be established by the Secretary of the Treasury, or invested in obligations of, or guaranteed by, the United States. Any revenue accruing from such deposits and investments shall be deposited in the Fund.
(d) Authorization
There are authorized to be appropriated from the Fund, for the purposes of carrying out the annual marketing and promotion plan and annual budget of the National Council under this chapter, such sums as are deposited in the Fund under subsection (b) of this section in each fiscal year beginning in fiscal year 1987 through fiscal year 1991.
(Pub. L. 99–659, title II, § 209, Nov. 14, 1986, 100 Stat. 3720; Pub. L. 101–627, title VII, § 702, Nov. 28, 1990, 104 Stat. 4463.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 209 of Pub. L. 99–659. Subsec. (e) of section 209 of Pub. L. 99–659 amended section 713c–3 of Title 15, Commerce and Trade.
heading: Amendments
text: 1990—Subsec. (d). Pub. L. 101–627 substituted “1991” for “1990”.
16 U.S.C. § 4011 (CONSERVATION)
§ 4011. Functions and powers of Secretary
(a) Duties of the Secretary
In addition to the duties prescribed under section 4009 of this title, the Secretary shall—
(1) review, for consistency with the provisions of this chapter and other applicable law, and approve or disapprove, marketing and promotion plans and budgets within sixty days after their submission by a council;
(2) immediately notify a council in writing of the disapproval of a marketing and promotion plan or budget, together with reasons for such disapproval;
(3) issue orders and amendments to such orders that are necessary to implement quality standards under section 4010(c) of this title;
(4) promulgate regulations necessary to carry out the purposes of this chapter;
(5) enforce the provisions of this chapter, as provided under section 4016 of this title; and
(6) make all appointments to councils in accordance with section 4009(f) of this title.
(b) Assistance
The Secretary may provide, on a reimbursable or other basis, such administrative or technical assistance as a council may request for purposes of the initial organization and subsequent operation of the council.
(Pub. L. 99–659, title II, § 212, Nov. 14, 1986, 100 Stat. 3726.)
16 U.S.C. § 4013 (CONSERVATION)
§ 4013. Petitions
(a) Filing of petition
Any person subject to assessment under section 4012 of this title may file a written petition with the Secretary alleging that—
(1) the assessment,
(2) the plan approved under section 4011(a)(1) of this title on which the assessment is based, or
(3) any obligation imposed under the plan,
is not in accordance with law and requesting the Secretary to modify or take other appropriate action regarding the assessment or plan.
(b) Form of petition
Any such petition shall be in writing and filed within the period prescribed by the Secretary. A person who files a petition under this section shall be given an opportunity for a hearing regarding the petition in accordance with regulations issued by the Secretary. After such a hearing, or if no hearing is requested, after consideration of all documentation and other evidence, the Secretary shall make a ruling upon such petition.
(Pub. L. 99–659, title II, § 214, Nov. 14, 1986, 100 Stat. 3728.)
16 U.S.C. § 4014 (CONSERVATION)
§ 4014. Refunds
Notwithstanding any other provision of this chapter, any person who pays an assessment under this chapter may demand and shall promptly receive from the council a refund of such assessment. A demand for refund must be made in accordance with the procedures, and within such time, as shall be prescribed by the council and approved by the Secretary. Procedures to provide such a refund shall be established before any such assessment may be collected. Such procedures shall allow any person to request a refund for not less than ninety days from such collection, and provide that any such refund shall be made within sixty days after demand for such refund is made.
(Pub. L. 99–659, title II, § 215, Nov. 14, 1986, 100 Stat. 3728.)
16 U.S.C. § 4017 (CONSERVATION)
§ 4017. Investigations
(a) Authority to make investigations
The Secretary may make such investigations as the Secretary determines necessary to—
(1) carry out the Secretary’s responsibilities under this chapter; and
(2) determine whether any person has engaged in any act or practice which constitutes a violation of the provisions of this chapter.
(b) Oaths and affirmations
For the purpose of investigations under subsection (a) of this section, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. The attendance of such witnesses and the production of any such records may be required from any place in the United States.
(c) Court orders
In case of contumacy or refusal to obey a subpoena issued under this section by any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or has his business, to require the attendance and testimony of witnesses and the production of books, papers, and documents. Such court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony relating to the matter under investigation.
(Pub. L. 99–659, title II, § 218, Nov. 14, 1986, 100 Stat. 3731.)
16 U.S.C. § 4101 (CONSERVATION)
§ 4101. Congressional statement of purposes
The purposes of this chapter are—
(1) to promote and encourage State activities in support of the management of interjurisdictional fishery resources;
(2) to promote and encourage management of interjurisdictional fishery resources throughout their range; and
(3) to promote and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of interjurisdictional fishery resources throughout their range.
(Pub. L. 99–659, title III, § 302, Nov. 14, 1986, 100 Stat. 3732; Pub. L. 107–372, title III, § 302(b), Dec. 19, 2002, 116 Stat. 3095.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 99–659, Nov. 14, 1986, 100 Stat. 3731, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out below and Tables.
heading: Amendments
text: 2002—Par. (3). Pub. L. 107–372 added par. (3).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 99–659, title III, § 310, Nov. 14, 1986, 100 Stat. 3736, provided that: “This title [enacting this chapter and repealing chapter 10D (§ 779 et seq.) of this title] takes effect October 1, 1987.”
heading: Short Title
text: Pub. L. 99–659, title III, § 301, Nov. 14, 1986, 100 Stat. 3731, provided that: “This title [enacting this chapter and repealing chapter 10D (§ 779 et seq.) of this title] may be cited as the ‘Interjurisdictional Fisheries Act of 1986’.”
16 U.S.C. § 4105 (CONSERVATION)
§ 4105. Property
(a) Application of Federal and State laws
All work, including the furnishing of labor and materials, needed to complete any project approved by the Secretary shall be performed in accordance with applicable Federal and State laws under the direct supervision of the State agency, and in accordance with regulations as the Secretary may prescribe.
(b) Title
Title to all property, real and personal, acquired for the purposes of completing any project approved by the Secretary vests in the State.
(c) Disposal
If a State disposes of any real or personal property acquired under this chapter, the State shall pay into the Treasury of the United States the amount of any proceeds resulting from the property disposed to the extent of and in the same ratio that funds provided under this chapter were used in the acquisition of the property. In no case shall the amount paid into the Treasury of the United States under this section exceed the amount of funds provided by this chapter for the acquisition of the property involved.
(Pub. L. 99–659, title III, § 306, Nov. 14, 1986, 100 Stat. 3735.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this title”, meaning title III of Pub. L. 99–659, Nov. 14, 1986, 100 Stat. 3731, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 4101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title.