dreamproit/uscode huggingface dataset:
16 U.S.C. § 2202 (CONSERVATION)
§ 2202. Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria
The Secretary is authorized to make payments to agricultural producers who carry out emergency water conservation or water enhancing measures (including measures carried out to assist confined livestock) during periods of severe drought as determined by the Secretary.
(Pub. L. 95–334, title IV, § 402, Aug. 4, 1978, 92 Stat. 434; Pub. L. 101–82, title V, § 502, Aug. 14, 1989, 103 Stat. 586; Pub. L. 115–334, title II, § 2403(a)(2)(A), Dec. 20, 2018, 132 Stat. 4571.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 substituted “The Secretary is” for “The Secretary of Agriculture is”.
1989—Pub. L. 101–82, § 502(1), inserted “(including measures carried out to assist confined livestock)”.
Pub. L. 101–82, § 502(2), temporarily substituted “any fiscal year in which there is a period of severe drought” for “periods of severe drought”. See Effective and Termination Dates of 1989 Amendment note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates of 1989 Amendment
text: Pub. L. 101–82, title V, § 502(2), Aug. 14, 1989, 103 Stat. 586, provided in part that amendment by section 502(2) of Pub. L. 101–82 is effective only for fiscal year 1989.
heading: Effective Date
text: Section effective Oct. 1, 1978, see section 406 of Pub. L. 95–334, set out as a note under section 2201 of this title.
16 U.S.C. § 2202a (CONSERVATION)
§ 2202a. Cost-share requirement
(a) Cost-share rate
Subject to subsections (b) and (c), the maximum cost-share payment under sections 2201 and 2202 of this title shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.
(b) Exception
Notwithstanding subsection (a), a payment to a limited resource farmer or rancher, a socially disadvantaged farmer or rancher (as defined in subsection (a) of section 2279 of title 7), or a beginning farmer or rancher under section 2201 or 2202 of this title shall not exceed 90 percent of the total allowable cost, as determined by the Secretary.
(c) Limitation
The total payment under sections 2201 and 2202 of this title for a single event may not exceed 50 percent of the agriculture value of the land, as determined by the Secretary.
(Pub. L. 95–334, title IV, § 402A, as added Pub. L. 115–334, title II, § 2403(b), Dec. 20, 2018, 132 Stat. 4571.)
16 U.S.C. § 2202b (CONSERVATION)
§ 2202b. Payment limitation
The maximum payment made under the emergency conservation program to an agricultural producer under sections 2201 and 2202 of this title shall not exceed $500,000.
(Pub. L. 95–334, title IV, § 402B, as added Pub. L. 115–334, title II, § 2403(c), Dec. 20, 2018, 132 Stat. 4572.)
16 U.S.C. § 2204 (CONSERVATION)
§ 2204. Funding and administration
(a) Authorization of appropriations
There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this chapter, to remain available until expended.
(b) Set-aside for fencing
Of the amounts made available under subsection (a) for a fiscal year, 25 percent shall be set aside until April 1 of that fiscal year for the repair or replacement of fencing.
(c) Use of Commodity Credit Corporation
In implementing this chapter, the Secretary may use the facilities, services, and authorities of the Commodity Credit Corporation.
(d) Limitation
The Commodity Credit Corporation shall not make any expenditures to carry out the provisions of this chapter unless funds specifically appropriated for such purpose have been transferred to it.
(Pub. L. 95–334, title IV, § 404, Aug. 4, 1978, 92 Stat. 434; Pub. L. 115–334, title II, § 2403(a)(2)(A), (e), Dec. 20, 2018, 132 Stat. 4571, 4572.)
heading: Editorial Notes
text: 2018—Pub. L. 115–334, § 2403(e), inserted section catchline; designated first, third, and fourth sentences as subsecs. (a), (c), and (d), respectively, and inserted headings; in subsec. (a), inserted “, to remain available until expended” before period at end; in subsec. (c), substituted “In implementing this chapter” for “In implementing the provisions of this chapter”; in subsec. (d), substituted “The Commodity Credit Corporation” for “The Corporation”; added subsec. (b); and struck out former second sentence which read as follows: “Such funds shall remain available until expended.”
Pub. L. 115–334, § 2403(a)(2)(A), substituted “Secretary” for“Secretary of Agriculture” in third sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1978, see section 406 of Pub. L. 95–334, set out as a note under section 2201 of this title.
16 U.S.C. § 2205 (CONSERVATION)
§ 2205. Regulations for implementation of provisions
The Secretary is authorized to prescribe such regulations as the Secretary determines necessary to carry out the provisions of this chapter.
(Pub. L. 95–334, title IV, § 405, Aug. 4, 1978, 92 Stat. 434; Pub. L. 115–334, title II, § 2403(a)(2)(A), Dec. 20, 2018, 132 Stat. 4571.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 substituted “The Secretary is” for “The Secretary of Agriculture is”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1978, see section 406 of Pub. L. 95–334, set out as a note under section 2201 of this title.
16 U.S.C. § 2301 (CONSERVATION)
§ 2301. Omitted or Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 95–344, title III, § 301, Aug. 15, 1978, 92 Stat. 477, which related to congressional statement of findings and purpose, was omitted in part and transferred in part. Subsec. (a), which related to findings, was omitted from the Code following the enactment of Title 54, National Park Service and Related Programs, by Pub. L. 113–287. Subsec. (b), which related to purpose of former chapter 43 of this title, was transferred and is set out as a note under section 101521 of Title 54.
16 U.S.C. § 2302 (CONSERVATION)
§ 2302. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 95–344, title III, § 302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195, related to transportation service and facility programs. See section 101521 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 2303 (CONSERVATION)
§ 2303. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 95–344, title III, § 303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584, related to transportation projects. See section 101522 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 2304 (CONSERVATION)
§ 2304. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 95–344, title III, § 304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584, related to procedures applicable to formulation and implementation of transportation plans and projects developed pursuant to plans. See section 101523 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 2305 (CONSERVATION)
§ 2305. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 95–344, title III, § 305, Aug. 15, 1978, 92 Stat. 479, required a report to Congress within 3 years of Aug. 15, 1978.
16 U.S.C. § 2306 (CONSERVATION)
§ 2306. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 95–344, title III, § 306, Aug. 15, 1978, 92 Stat. 480, related to authorizations of appropriations for fiscal years 1979 to 1981 and availability of amounts.
16 U.S.C. § 2406 (CONSERVATION)
§ 2406. Notification of travel to Antarctica
The Secretary of State shall prescribe such regulations as may be necessary and appropriate to implement, with respect to United States citizens, paragraph 5 of Article VII of the Treaty pertaining to the filing of advance notifications of expeditions to, and within, Antarctica. For purposes of this section, the term “United States citizen” shall include any foreign person who organizes within the United States any expedition which will proceed to Antarctica from the United States.
(Pub. L. 95–541, § 7, Oct. 28, 1978, 92 Stat. 2054.)
16 U.S.C. § 2408 (CONSERVATION)
§ 2408. Criminal offenses
(a) Offenses
A person is guilty of an offense if he willfully commits any act prohibited by section 2403(a) of this title.
(b) Punishment
Any offense described in subsection (a) is punishable by a fine of $10,000, or imprisonment for not more than one year, or both.
(c) Offenses under other laws
A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law, including, but not limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.].
(Pub. L. 95–541, § 9, Oct. 28, 1978, 92 Stat. 2054.)
heading: Editorial Notes
heading: References in Text
text: The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.
The Endangered Species Act of 1973, referred to in subsec. (c), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The Migratory Bird Treaty Act, referred to in subsec. (c), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
16 U.S.C. § 2410 (CONSERVATION)
§ 2410. Jurisdiction of district courts
The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter or of any regulation prescribed, or permit issued, under this chapter.
(Pub. L. 95–541, § 11, Oct. 28, 1978, 92 Stat. 2056.)
16 U.S.C. § 2411 (CONSERVATION)
§ 2411. Federal agency cooperation
Each Federal department or agency whose activities affect Antarctica shall utilize, to the maximum extent practicable, its authorities in furtherance of the purposes of this chapter, and shall cooperate with the Director in carrying out the purposes of this chapter.
(Pub. L. 95–541, § 12, Oct. 28, 1978, 92 Stat. 2056.)
16 U.S.C. § 2412 (CONSERVATION)
§ 2412. Relationship to existing treaties
Nothing in this chapter shall be construed as contravening or superseding the provisions of any international treaty, convention, or agreement, if such treaty, convention, or agreement is in force with respect to the United States on October 28, 1978, or of any statute which implements any such treaty, convention, or agreement.
(Pub. L. 95–541, § 13, Oct. 28, 1978, 92 Stat. 2056.)
16 U.S.C. § 2413 (CONSERVATION)
§ 2413. Saving provisions
(a) Regulations
All regulations promulgated under this chapter prior to October 2, 1996, shall remain in effect until superseding regulations are promulgated under section 2405 of this title.
(b) Permits
All permits issued under this chapter shall remain in effect until they expire in accordance with the terms of those permits.
(Pub. L. 95–541, § 14, as added Pub. L. 104–227, title I, § 107, Oct. 2, 1996, 110 Stat. 3042.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 14 of Pub. L. 95–541, Oct. 28, 1978, 92 Stat. 2057, amended section 1971 of Title 22, Foreign Relations and Intercourse, and enacted a provision set out as a note under section 1971 of Title 22 prior to being amended generally by Pub. L. 104–227.
16 U.S.C. § 2431 (CONSERVATION)
§ 2431. Findings and purpose
(a) Findings
The Congress finds that—
(1) the Convention on the Conservation of Antarctic Marine Living Resources establishes international mechanisms and creates legal obligations necessary for the protection and conservation of Antarctic marine living resources;
(2) the Convention incorporates an innovative ecosystem approach to the management of Antarctic marine living resources, including standards designed to ensure the health of the individual populations and species and to maintain the health of the Antarctic marine ecosystem as a whole;
(3) the Convention serves important United States environmental and resource management interests;
(4) the Convention represents an important contribution to United States long term legal and political objectives of maintenance of Antarctica as an area of peaceful international cooperation;
(5) United States basic and directed research programs concerning the marine living resources of the Antarctic are essential to achieve the United States goal of effective implementation of the objectives of the Convention; and
(6) the United States has important security, economic, and environmental interests in developing and maintaining a fleet of icebreaking vessels capable of operating effectively in the heavy ice regions of Antarctica.
(b) Purpose
The purpose of this chapter is to provide the legislative authority necessary to implement, with respect to the United States, the Convention on the Conservation of Antarctic Marine Living Resources.
(Pub. L. 98–623, title III, § 302, Nov. 8, 1984, 98 Stat. 3398.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 98–623, title III, § 301, Nov. 8, 1984, 98 Stat. 3398, provided that: “This title [enacting this chapter] may be cited as the ‘Antarctic Marine Living Resources Convention Act of 1984’.”
16 U.S.C. § 2433 (CONSERVATION)
§ 2433. Representatives
(a) Representative to the Commission
The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, shall appoint an officer or employee of the United States as the United States representative to the Commission.
(b) Representative to the Scientific Committee
The Secretary of Commerce and the Director of the National Science Foundation, with the concurrence of the Secretary of State, shall designate the United States representative to the Scientific Committee.
(c) Compensation
The United States representatives to the Commission and the Scientific Committee shall receive no additional compensation by reason of their services as such representatives.
(Pub. L. 98–623, title III, § 304, Nov. 8, 1984, 98 Stat. 3400.)
16 U.S.C. § 2434 (CONSERVATION)
§ 2434. Conservation measures; system of observation and inspection
(a) Conservation measures
(1) The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, is authorized—
(A) to decide on behalf of the United States whether the United States is unable to accept or can no longer accept a conservation measure adopted by the Commission pursuant to article IX of the Convention, and
(B) to notify the Commission of any such decision in accordance with article IX of the Convention.
(2) The Secretary of State shall—
(A) publish in the Federal Register, if practicable, timely notice of each proposed decision under paragraph (1) and invite written public comment regarding it; and
(B) publish in the Federal Register notice of each notification made to the Commission under paragraph (1).
(b) System of observation and inspection
The Secretary of State, with the concurrence of the Secretary of Commerce, the Director of the National Science Foundation and the Secretary of the department in which the Coast Guard is operating, is authorized to agree on behalf of the United States to the establishment of a system of observation and inspection, and to interim arrangements pending establishment of such a system, pursuant to article XXIV of the Convention.
(c) Communications from the Commission
The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, and other communications from the Commission and to take appropriate action on them, either directly or by reference to the appropriate authority.
(Pub. L. 98–623, title III, § 305, Nov. 8, 1984, 98 Stat. 3400.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 2435 (CONSERVATION)
§ 2435. Unlawful activities
It is unlawful for any person—
(1) to engage in harvesting or other associated activities in violation of the provisions of the Convention or in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention;
(2) to violate any regulation promulgated under this chapter;
(3) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control or possession of, any Antarctic marine living resource (or part or product thereof) harvested in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention or in violation of any regulation promulgated under this chapter, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the Antarctic marine living resource (or part or product thereof);
(4) to refuse to permit any authorized officer or employee of the United States to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for purposes of conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this chapter, or any regulations promulgated under this chapter;
(5) to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or employee of the United States in the conduct of any search, investigation, or inspection described in paragraph (4);
(6) to resist a lawful arrest or detention for any act prohibited by this section; or
(7) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing that such other person has committed any act prohibited by this section.
(Pub. L. 98–623, title III, § 306, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 106(1), Nov. 5, 2015, 129 Stat. 657.)
heading: Editorial Notes
heading: Amendments
text: 2015—Par. (3). Pub. L. 114–81, § 106(1)(A), struck out “which he knows, or reasonably should have known, was” before “harvested in violation”.
Pars. (4), (5). Pub. L. 114–81, § 106(1)(B), (C), inserted “, investigation,” after “search”.
16 U.S.C. § 2436 (CONSERVATION)
§ 2436. Regulations
(a) In general
The Secretary of Commerce, after consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this chapter.
(b) Regulations to implement conservation measures
(1) In general
Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, the Secretary of Commerce may publish in the Federal Register a final regulation to implement any conservation measure for which the Secretary of State notifies the Commission under section 2434(a)(1) of this title—
(A) that has been in effect for 12 months or less;
(B) that is adopted by the Commission; and
(C) with respect to which the Secretary of State,1 does not notify Commission 2 in accordance with section 2434(a)(1) of this title within the time period allotted for objections under Article IX of the Convention.
(2) Entering into force
Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to the United States.
(Pub. L. 98–623, title III, § 307, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 106(2), Nov. 5, 2015, 129 Stat. 658.)
heading: Editorial Notes
heading: Amendments
text: 2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 2438 (CONSERVATION)
§ 2438. Criminal offenses
(a) Offenses
A person is guilty of an offense if that person commits any act prohibited by paragraph (4), (5), (6), or (7) of section 2435 of this title.
(b) Punishment
Any offense described in subsection (a) is punishable by a fine of $50,000, or imprisonment for not more than ten years, or both.
(c) Offenses under other laws
A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law.
(Pub. L. 98–623, title III, § 309, Nov. 8, 1984, 98 Stat. 3403.)
16 U.S.C. § 2440 (CONSERVATION)
§ 2440. Jurisdiction of courts
The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter or of any regulation promulgated under this chapter.
(Pub. L. 98–623, title III, § 311, Nov. 8, 1984, 98 Stat. 3405.)
16 U.S.C. § 2442 (CONSERVATION)
§ 2442. Relationship to existing treaties and statutes
(a) In general
Nothing in this chapter 1 shall be construed as contravening or superseding (1) the provisions of any international treaty, convention, or agreement, if such treaty, convention or agreement is in force with respect to the United States on Nov. 8, 1984, or (2) the provisions of any statute which implements any such treaty, convention, or agreement. Nothing in this chapter shall be construed as contravening or superseding the provisions of any statute enacted before Nov. 8, 1984, which may otherwise apply to Antarctic marine living resources.
(b) Application of more restrictive provisions
Nothing in this section shall be construed to prevent the application of provisions of the Convention, conservation measures adopted by the Commission pursuant to article IX of the Convention, or regulations promulgated under this chapter, which are more restrictive than the provisions of, measures adopted under, or regulations promulgated under, the treaties or statutes described in subsection (a).
(Pub. L. 98–623, title III, § 313, Nov. 8, 1984, 98 Stat. 3406.)
heading: Editorial Notes
heading: Codification
text: This chapter, the first time it appears in subsec. (a), was in the original “this Act” and was translated as reading “this title”, as the probable intent of Congress.