dreamproit/uscode huggingface dataset:
16 U.S.C. § 1460 (CONSERVATION)
§ 1460. Walter B. Jones excellence in coastal zone management awards
(a) Establishment
The Secretary shall, using sums in the Coastal Zone Management Fund established under section 1456a of this title and other amounts available to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title), implement a program to promote excellence in coastal zone management by identifying and acknowledging outstanding accomplishments in the field.
(b) Annual selection of recipients
The Secretary shall elect annually—
(1) one individual, other than an employee or officer of the Federal Government, whose contribution to the field of coastal zone management has been the most significant;
(2) 5 local governments which have made the most progress in developing and implementing the coastal zone management principles embodied in this chapter; and
(3) up to 10 graduate students whose academic study promises to contribute materially to development of new or improved approaches to coastal zone management.
(c) Solicitation of nominations for local government recipients
In making selections under subsection (b)(2) the Secretary shall solicit nominations from the coastal states, and shall consult with experts in local government planning and land use.
(d) Solicitation of nominations for graduate student recipients
In making selections under subsection (b)(3) the Secretary shall solicit nominations from coastal states and the National Sea Grant College Program.
(e) Funding; types of awards
Using sums in the Coastal Zone Management Fund established under section 1456a of this title and other amounts available to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title), the Secretary shall establish and execute appropriate awards, to be known as the “Walter B. Jones Awards”, including—
(1) cash awards in an amount not to exceed $5,000 each;
(2) research grants; and
(3) public ceremonies to acknowledge such awards.
(Pub. L. 89–454, title III, § 314, formerly § 313, as added Pub. L. 101–508, title VI, § 6213, Nov. 5, 1990, 104 Stat. 1388–312; renumbered § 314 and amended Pub. L. 102–587, title II, § 2205(b)(20), Nov. 4, 1992, 106 Stat. 5052.)
heading: Prior Provisions
text: A prior section 1460, Pub. L. 89–454, title III, § 314, formerly § 311, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287; renumbered § 314, Pub. L. 94–370, § 7, July 26, 1976, 90 Stat. 1019, related to establishment, etc., of Coastal Zone Management Advisory Committee, prior to repeal by Pub. L. 99–272, title VI, § 6045(2), Apr. 7, 1986, 100 Stat. 127.
heading: Amendments
text: 1992—Subsecs. (a), (e). Pub. L. 102–587, § 2205(b)(20)(B), (C), after “under section 1456a of this title” inserted “and other amounts available to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title)”.
16 U.S.C. § 1465 (CONSERVATION)
§ 1465. Appeals to the Secretary
(a) Notice
Not later than 30 days after the date of the filing of an appeal to the Secretary of a consistency determination under section 1456 of this title, the Secretary shall publish an initial notice in the Federal Register.
(b) Closure of record
(1) In general
Not later than the end of the 160-day period beginning on the date of publication of an initial notice under subsection (a), except as provided in paragraph (3), the Secretary shall immediately close the decision record and receive no more filings on the appeal.
(2) Notice
After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administrative record has been closed.
(3) Exception
(A) In general
Subject to subparagraph (B), during the 160-day period described in paragraph (1), the Secretary may stay the closing of the decision record—
(i) for a specific period mutually agreed to in writing by the appellant and the State agency; or
(ii) as the Secretary determines necessary to receive, on an expedited basis—
(I) any supplemental information specifically requested by the Secretary to complete a consistency review under this chapter; or
(II) any clarifying information submitted by a party to the proceeding related to information in the consolidated record compiled by the lead Federal permitting agency.
(B) Applicability
The Secretary may only stay the 160-day period described in paragraph (1) for a period not to exceed 60 days.
(c) Deadline for decision
(1) In general
Not later than 60 days after the date of publication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall issue a decision or publish a notice in the Federal Register explaining why a decision cannot be issued at that time.
(2) Subsequent decision
Not later than 15 days after the date of publication of a Federal Register notice explaining why a decision cannot be issued within the 60-day period, the Secretary shall issue a decision.
(Pub. L. 89–454, title III, § 319, as added Pub. L. 104–150, § 8, June 3, 1996, 110 Stat. 1382; amended Pub. L. 109–58, title III, § 381, Aug. 8, 2005, 119 Stat. 737.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(3)(A)(ii)(I), was in the original “this Act” which was translated as reading “this title”, meaning title III of Pub. L. 89–454 which is classified generally to this chapter, to reflect the probable intent of Congress.
heading: Amendments
text: 2005—Pub. L. 109–58 amended section catchline and text generally, substituting provisions relating to notice, closure of record, and deadline for decision for provisions relating to notice, deadline for decision, and application of section.
16 U.S.C. § 1644 (CONSERVATION)
§ 1644. Forestry and rangeland competitive research grants
(a) Competitive grant authority
In addition to any grants made under other laws, the Secretary is authorized to make competitive grants that will further research activities authorized by this subchapter to Federal, State, and other governmental agencies, public or private agencies, institutions, universities, and organizations, and businesses and individuals in the United States. In making these grants, the Secretary shall emphasize basic and applied research activities that are important to achieving the purposes of this subchapter, and shall obtain, through review by qualified scientists and other methods, participation in research activities by scientists throughout the United States who have expertise in matters related to forest and rangeland renewable resources. Grants under this section shall be made at the discretion of the Secretary under whatever conditions the Secretary may prescribe, after publicly soliciting research proposals, allowing sufficient time for submission of the proposals, and considering qualitative, quantitative, financial, administrative, and other factors that the Secretary deems important in judging, comparing, and accepting the proposals. The Secretary may reject any or all proposals received under this section if the Secretary determines that it is in the public interest to do so.
(b) Emphasis on certain high priority forestry research
The Secretary may use up to 5 percent of the amounts made available for research under section 1642 of this title to make competitive grants regarding forestry research in the high priority research areas identified under section 1642(d) of this title.
(c) Emphasis on certain high priority rangeland research
The Secretary may use up to 5 percent of the amounts made available for research under section 1642 of this title to make competitive grants regarding rangeland research in the high priority research areas identified under section 1642(d) of this title.
(d) Priorities
In making grants under subsections (b) and (c), the Secretary shall give priority to research proposals under which—
(1) the proposed research will be collaborative research organized through a center of scientific excellence;
(2) the applicant agrees to provide matching funds (in the form of direct funding or in-kind support) in an amount equal to not less than 50 percent of the grant amount; and
(3) the proposed research will be conducted as part of an existing private and public partnership or cooperative research effort and involves several interested research partners.
(Pub. L. 95–307, § 5, June 30, 1978, 92 Stat. 355; Pub. L. 105–185, title II, § 253(d), June 23, 1998, 112 Stat. 561.)
heading: Amendments
text: 1998—Pub. L. 105–185 substituted section catchline for former section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsecs. (b) to (d).
16 U.S.C. § 1649 (CONSERVATION)
§ 1649. Forestry Student Grant Program
(a) Establishment
The Secretary shall establish a program, to be known as the “Forestry Student Grant Program” (hereafter referred to in this section as the “Program”), to provide assistance to expand the professional education of forestry, natural resources, and environmental scientists.
(b) Student grants
Under the Program the Secretary shall provide assistance for the establishment of a competitive grant fellowship program to assist graduate, and undergraduate minority and female, students attending institutions having programs in forestry and natural resources.
(c) Eligibility
The Secretary shall ensure that students concentrating in the following studies shall be eligible for assistance under subsection (b):
(1) Forestry.
(2) Biology and forest organisms.
(3) Ecosystem function and management.
(4) Human-forest interaction.
(5) International trade, competition, and cooperation.
(6) Wood as a raw material.
(7) Economics and policy.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 95–307, § 10, as added Pub. L. 101–624, title XII, § 1252, Nov. 28, 1990, 104 Stat. 3553.)
16 U.S.C. § 1730 (CONSERVATION)
§ 1730. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this subchapter $12,000,000 for each fiscal year, of which $8,000,000 is authorized to carry out priority projects and $4,000,000 of which is authorized to carry out other appropriate conservation projects.
(b) Disaster relief or prevention projects
Notwithstanding subsection (a), any amounts made available under that subsection shall be available for disaster prevention or relief projects.
(c) Availability of funds
Notwithstanding any other provision of law, amounts appropriated for any fiscal year to carry out this subchapter shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which the amounts are appropriated.
(Pub. L. 91–378, title II, § 211, as added Pub. L. 109–154, § 2(f)(2), Dec. 30, 2005, 119 Stat. 2892.)
16 U.S.C. § 1859 (CONSERVATION)
§ 1859. Criminal offenses
(a) Offenses
A person is guilty of an offense if he commits any act prohibited by—
(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this title; or
(2) section 1857(2) of this title.
(b) Punishment
Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 1857(1)(L) of this title or any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.
(c) Jurisdiction
There is Federal jurisdiction over any offense described in this section.
(Pub. L. 94–265, title III, § 309, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97–453, § 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub. L. 100–66, § 2, July 10, 1987, 101 Stat. 384; Pub. L. 101–627, title I, § 115, Nov. 28, 1990, 104 Stat. 4455.)
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. 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: 1990—Subsec. (a)(1). Pub. L. 101–627, § 115(a), amended par. (1) generally, substituting “(I), or (L)” for “or (I)”.
Subsec. (b). Pub. L. 101–627, § 115(b), substituted “$100,000” for “$50,000”, substituted “$200,000” for “$100,000” in two places, and inserted “any observer described in section 1857(1)(L) of this title or” after “injury to” and “observer or” before “officer in fear”.
1987—Subsec. (a)(1). Pub. L. 100–66 substituted “(I)” for “(J)”.
1986—Subsec. (a)(1). Pub. L. 99–659 substituted “(H), or (J)” for “or (H)”.
1983—Subsec. (b). Pub. L. 97–453 struck out “, or imprisonment for not more than 1 year, or both” after “subsection (a)(2) is punishable by a fine of not more than $100,000”.
heading: Effective Date of 1983 Amendment
text: Pub. L. 97–453, § 11(b), Jan. 12, 1983, 96 Stat. 2491, provided that: “The amendment made by subsection (a) [amending this section] applies with respect to offenses committed under section 309 [this section] on or after the date of the enactment of this Act [Jan. 12, 1983].”
heading: Effective Date
text: Section effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.
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: 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, as amended, 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, as amended, 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, as amended, 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. § 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: 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.
16 U.S.C. § 2624 (CONSERVATION)
§ 2624. Lifeline rates
(a) Lower rates
No provision of this chapter prohibits a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or a nonregulated electric utility from fixing, approving, or allowing to go into effect a rate for essential needs (as defined by the State regulatory authority or by the nonregulated electric utility, as the case may be) of residential electric consumers which is lower than a rate under the standard referred to in section 2621(d)(1) of this title.
(b) Determination
If any State regulated electric utility or nonregulated electric utility does not have a lower rate as described in subsection (a) in effect two years after November 9, 1978, the State regulatory authority having ratemaking authority with respect to such State regulated electric utility or the nonregulated electric utility, as the case may be, shall determine, after an evidentiary hearing, whether such a rate should be implemented by such utility.
(c) Prior proceedings
Section 2634 of this title shall not apply to the requirements of this section.
(Pub. L. 95–617, title I, § 114, Nov. 9, 1978, 92 Stat. 3124.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2626 (CONSERVATION)
§ 2626. Reports respecting standards
(a) State authorities and nonregulated utilities
Not later than one year after November 9, 1978, and annually thereafter for ten years, each State regulatory authority (with respect to each State regulated electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards established by sections 2621(d) and 2623(b) of this title. Such report shall include a summary of the determinations made and actions taken with respect to each such standard on a utility-by-utility basis.
(b) Secretary
Not later than eighteen months after November 9, 1978, and annually thereafter for ten years, the Secretary shall submit a report to the President and the Congress containing—
(1) a summary of the reports submitted under subsection (a),
(2) his analysis of such reports, and
(3) his actions under this chapter, and his recommendations for such further Federal actions, including any legislation, regarding retail electric utility rates (and other practices) as may be necessary to carry out the purposes of this chapter.
(Pub. L. 95–617, title I, § 116, Nov. 9, 1978, 92 Stat. 3128.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(3), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2631 (CONSERVATION)
§ 2631. Intervention in proceedings
(a) Authority to intervene and participate
In order to initiate and participate in the consideration of one or more of the standards established by subchapter II or other concepts which contribute to the achievement of the purposes of this chapter, the Secretary, any affected electric utility, or any electric consumer of an affected electric utility may intervene and participate as a matter of right in any ratemaking proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by a nonregulated electric utility.
(b) Access to information
Any intervenor or participant in a proceeding described in subsection (a) shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his intervention or participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State regulatory authority (in the case of proceedings concerning electric utilities for which it has ratemaking authority) or by the nonregulated electric utility (in the case of a proceeding conducted by a nonregulated electric utility).
(c) Effective date; procedures
Any intervention or participation under this section, in any proceeding commenced before November 9, 1978, but not completed before such date, shall be permitted under this section only to the extent such intervention or participation is timely under otherwise applicable law.
(Pub. L. 95–617, title I, § 121, Nov. 9, 1978, 92 Stat. 3128.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.