dreamproit/uscode huggingface dataset:
16 U.S.C. § 5960 (CONSERVATION)
§ 5960. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 105–391, title IV, § 411, Nov. 13, 1998, 112 Stat. 3514, related to multiple contracts within park. See section 101921 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5961 (CONSERVATION)
§ 5961. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 105–391, title IV, § 412, Nov. 13, 1998, 112 Stat. 3515; Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 143], Nov. 29, 1999, 113 Stat. 1535, 1501A–171; Pub. L. 106–291, title I, § 139, Oct. 11, 2000, 114 Stat. 949; Pub. L. 107–63, title I, § 122, Nov. 5, 2001, 115 Stat. 440, related to special rule for transportation contracting services. Subsec. (a), limiting the length of a service contract, was repealed and reenacted as section 101524 of Title 54, National Park Service and Related Programs. Subsec. (b), relating to obligation of funds received in fiscal year 2002, was repealed as obsolete.
16 U.S.C. § 6011 (CONSERVATION)
§ 6011. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 105–391, title VIII, § 801, Nov. 13, 1998, 112 Stat. 3521, related to United States Park Police.
16 U.S.C. § 6201 (CONSERVATION)
§ 6201. Findings
Congress finds that—
(1) cabins located on forest land have provided a unique recreation experience to a large number of cabin owners, their families, and guests each year since Congress authorized the recreation residence program in 1915; and
(2) the fact that current appraisal procedures have, in certain circumstances, been inconsistently applied in determining fair market values for residential lots demonstrates that problems exist in accurately reflecting market values.
(Pub. L. 106–291, title VI, § 602, Oct. 11, 2000, 114 Stat. 1014.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section and section 601 of Pub. L. 106–291, set out as a Short Title note below, are repealed.
heading: Short Title
text: Pub. L. 106–291, title VI, § 601, Oct. 11, 2000, 114 Stat. 1014, provided that: “This title [enacting this chapter] may be cited as the ‘Cabin User Fee Fairness Act of 2000’.”
16 U.S.C. § 6202 (CONSERVATION)
§ 6202. Purposes
The purposes of this chapter are—
(1) to ensure, to the maximum extent practicable, that the National Forest System recreation residence program is managed to preserve the opportunity for individual and family-oriented recreation; and
(2) to develop and implement a more consistent procedure for determining cabin user fees, taking into consideration the limitations of an authorization and other relevant market factors.
(Pub. L. 106–291, title VI, § 603, Oct. 11, 2000, 114 Stat. 1014.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6203 (CONSERVATION)
§ 6203. Definitions
In this chapter:
(1) Agency
The term “agency” means the Forest Service.
(2) Authorization
The term “authorization” means a special use permit for the use and occupancy of National Forest System land by a cabin owner under the authority of the program.
(3) Base cabin user fee
The term “base cabin user fee” means the fee for an authorization that results from the appraisal of a lot as determined in accordance with sections 6205 and 6206 of this title.
(4) Cabin
The term “cabin” means a privately built and owned recreation residence that is authorized for use and occupancy on National Forest System land.
(5) Cabin owner
The term “cabin owner” means—
(A) a person authorized by the agency to use and to occupy a cabin on National Forest System land; and
(B) an heir or assign of such a person.
(6) Cabin user fee
The term “cabin user fee” means a special use fee paid annually by a cabin owner to the Secretary in accordance with this chapter.
(7) Caretaker cabin
The term “caretaker cabin” means a caretaker residence occupied in limited cases in which caretaker services are necessary to maintain the security of a tract.
(8) Current cabin user fee
The term “current cabin user fee” means the most recent cabin user fee that results from an annual adjustment to the base cabin user fee in accordance with section 6207 of this title.
(9) Lot
The term “lot” means a parcel of land in the National Forest System—
(A) on which a cabin owner is authorized to build, use, occupy, and maintain a cabin and related improvements; and
(B) that is considered to be in its natural, native state at the time at which a use of the lot described in subparagraph (A) is first permitted by the Secretary.
(10) Natural, native state
The term “natural, native state” means the condition of a lot or site, free of any improvements, at the time at which the lot or site is first authorized for recreation residence use by the agency.
(11) Program
The term “program” means the recreation residence program established under the authority of section 497 of this title.
(12) Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(13) Tract
The term “tract” means an established location within a National Forest containing 1 or more cabins authorized in accordance with the program.
(14) Tract association
The term “tract association” means a cabin owner association in which all cabin owners within a tract are eligible for membership.
(15) Typical lot
The term “typical lot” means a cabin lot, or a group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract.
(Pub. L. 106–291, title VI, § 604, Oct. 11, 2000, 114 Stat. 1014.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6204 (CONSERVATION)
§ 6204. Administration of recreation residence program
The Secretary shall ensure, to the maximum extent practicable, that the basis and procedure for calculating cabin user fees results in a fee for an authorization that reflects, in accordance with this chapter—
(1) the market value of a lot; and
(2) regional and local economic influences.
(Pub. L. 106–291, title VI, § 605, Oct. 11, 2000, 114 Stat. 1015.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6206 (CONSERVATION)
§ 6206. Cabin user fees
(a) In general
The Secretary shall establish the cabin user fee as the amount that is equal to 5 percent of the market value of the lot, as determined in accordance with section 6205 of this title, reflecting an adjustment to the typical market rate of return due to restrictions imposed by the permit, including—
(1) the limited term of the authorization;
(2) the absence of significant property rights normally attached to fee simple ownership; and
(3) the public right of access to, and use of, any open portion of the lot on which the cabin or other enclosed improvements are not located.
(b) Fee for caretaker cabin
The base cabin user fee for a lot on which a caretaker cabin is located shall not be greater than the base cabin user fee charged for the authorized use of a similar typical lot in the tract.
(c) Annual cabin user fee in the event of determination not to reissue authorization
If the Secretary determines that an authorization should not be reissued at the end of a term, the Secretary shall—
(1) establish as the new base cabin user fee for the remaining term of the authorization the amount charged as the cabin user fee in the year that was 10 years before the year in which the authorization expires; and
(2) calculate the current cabin user fee for each of the remaining 9 years of the term of the authorization by multiplying—
(A) ⅒ of the new base cabin user fee; by
(B) the number of years remaining in the term of the authorization after the year for which the cabin user fee is being calculated.
(d) Annual cabin user fee in event of changed conditions
If a review of a decision to convert a lot to an alternative public use indicates that the continuation of the authorization for use and occupancy of the cabin by the cabin owner is warranted, and the decision is subsequently reversed, the Secretary may require the cabin owner to pay any portion of annual cabin user fees that were forgone as a result of the expectation of termination of use and occupancy of the cabin by the cabin owner.
(e) Termination of fee obligation in loss resulting from acts of God or catastrophic events
On a determination by the agency that, because of an act of God or a catastrophic event, a lot cannot be safely occupied and the authorization for the lot should accordingly be terminated, the fee obligation of the cabin owner shall terminate effective on the date of the occurrence of the act or event.
(Pub. L. 106–291, title VI, § 607, Oct. 11, 2000, 114 Stat. 1018.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6208 (CONSERVATION)
§ 6208. Payment of cabin user fees
(a) Due date for payment of fees
A cabin user fee shall be prepaid annually by the cabin owner.
(b) Payment of equal or lesser fee
If, in accordance with section 6206 of this title, the Secretary determines that the amount of a new base cabin user fee is equal to or less than the amount of the current base cabin user fee, the Secretary shall require payment of the new base cabin user fee by the cabin owner in accordance with subsection (a) of this section.
(c) Payment of greater fee
If, in accordance with section 6206 of this title, the Secretary determines that the amount of a new base cabin user fee is greater than the amount of the current base cabin user fee, the Secretary shall—
(1) require full payment of the new base cabin user fee in the first year following completion of the fee determination procedure if the increase in the amount of the new base cabin user fee is not more than 100 percent of the current base cabin user fee; or
(2) phase in the increase over the current base cabin user fee in approximately equal increments over 3 years if the increase in the amount of the new base cabin user fee is more than 100 percent of the current base cabin user fee.
(Pub. L. 106–291, title VI, § 609, Oct. 11, 2000, 114 Stat. 1020.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6209 (CONSERVATION)
§ 6209. Right of second appraisal
(a) Right of second appraisal
On receipt of notice from the Secretary of the determination of a new base cabin user fee, the cabin owner—
(1) not later than 60 days after the date on which the notice is received, may notify the Secretary of the intent of the cabin owner to obtain a second appraisal; and
(2) may obtain, within 1 year following the date of receipt of the notice under this subsection, at the expense of the cabin owner, a second appraisal of the typical lot on which the initial appraisal was conducted.
(b) Conduct of second appraisal
In conducting a second appraisal, the appraiser selected by the cabin owner shall—
(1) have qualifications equivalent to the appraiser that conducted the initial appraisal in accordance with section 6205(a)(4) of this title;
(2) use the appraisal guidelines used in the initial appraisal in accordance with section 6205(a)(5) of this title;
(3) consider all relevant factors in accordance with this chapter (including guidelines developed under section 6205(a)(3) of this title); and
(4) notify the Secretary of any material differences of fact or opinion between the initial appraisal conducted by the agency and the second appraisal.
(c) Request for reconsideration of base cabin user fee
A cabin owner shall submit to the Secretary any request for reconsideration of the base cabin user fee, based on the results of the second appraisal, not later than 60 days after the receipt of the report for the second appraisal.
(d) Reconsideration of base cabin user fee
On receipt of a request from the cabin owner under subsection (c) of this section for reconsideration of a base cabin user fee, not later than 60 days after the date of receipt of the request, the Secretary shall—
(1) review the initial appraisal of the agency;
(2) review the results and commentary from the second appraisal;
(3) determine a new base cabin user fee in an amount that is—
(A) equal to the base cabin user fee determined by the initial or the second appraisal; or
(B) within the range of values, if any, between the initial and second appraisals; and
(4) notify the cabin owner of the amount of the new base cabin user fee.
(Pub. L. 106–291, title VI, § 610, Oct. 11, 2000, 114 Stat. 1020.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6210 (CONSERVATION)
§ 6210. Right of appeal and judicial review
(a) Right of appeal
Notwithstanding any action of a cabin owner to exercise rights in accordance with section 6209 of this title, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new base cabin user fee.
(b) Judicial review
A cabin owner that is adversely affected by a final decision of the Secretary under this chapter may bring a civil action in United States district court.
(Pub. L. 106–291, title VI, § 611, Oct. 11, 2000, 114 Stat. 1021.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6211 (CONSERVATION)
§ 6211. Consistency with other law and rights
(a) Consistency with rights of the United States
Nothing in this chapter limits or restricts any right, title, or interest of the United States in or to any land or resource.
(b) Special rule for Alaska
In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with section 3193(d) of this title.
(Pub. L. 106–291, title VI, § 612, Oct. 11, 2000, 114 Stat. 1021.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
16 U.S.C. § 6212 (CONSERVATION)
§ 6212. Regulations
Not later than 2 years after October 11, 2000, the Secretary shall promulgate regulations to carry out this chapter.
(Pub. L. 106–291, title VI, § 613, Oct. 11, 2000, 114 Stat. 1022.)
heading: Repeal of Section
text: Pub. L. 113–291, div. B, title XXX, § 3024(k), Dec. 19, 2014, 128 Stat. 3766, provided that, effective on the date of the assessment of annual permit fees in accordance with section 6214(f) of this title (as certified to Congress by the Secretary of Agriculture), this section is repealed.
20 U.S.C. § 75b (EDUCATION)
§ 75b. Establishment of National Portrait Gallery; functions
(a) There is established in the Smithsonian Institution a bureau which shall be known as the National Portrait Gallery. The functions of such bureau shall be those authorized by this subchapter. The use for the purposes of the Gallery of any part of the building transferred to the Smithsonian Institution pursuant to the Act of March 28, 1958 (72 Stat. 68), is authorized.
(b) The Gallery shall function as a free public museum for the exhibition and study of portraiture and statuary depicting men and women who have made significant contributions to the history, development, and culture of the people of the United States and of the artists who created such portraiture and statuary.
(Pub. L. 87–443, § 3, Apr. 27, 1962, 76 Stat. 62.)
heading: References in Text
text: Act of March 28, 1958, referred to in subsec. (a), is act Mar. 28, 1958, Pub. L. 85–357, 72 Stat. 68, which was not classified to the Code.
heading: Patent Office Building Improvements
text: Pub. L. 108–72, § 3, Aug. 15, 2003, 117 Stat. 888, provided that:
“(a) Authorization of Use of Funds.—
“(1) In general.—
The Board of Regents of the Smithsonian Institution may plan, design, and construct improvements to the interior and exterior of the Patent Office Building (including the construction of a roof covering for the courtyard), using funds available to the Institution from nonappropriated sources.
“(2) Definition.—
In this section, the term ‘Patent Office Building’ means the building transferred to the Smithsonian Institution pursuant to Public Law 85–357 [72 Stat. 68].
“(b) Design and Specifications.—
The design and specifications for any exterior alterations authorized by subsection (a) shall be—
“(1) submitted by the Secretary of the Smithsonian Institution (referred to in this section as the ‘Secretary’) to the Commission of Fine Arts for comments and recommendations; and
“(2) subject to the review and approval of the National Capital Planning Commission in accordance with section 8722 of title 40, United States Code, and section 16 of the Act of June 20, 1938 (sec. 6–641.15, D.C. Official Code).
“(c) Authority of Historic Preservation Agencies.—
“(1) In general.—
The Secretary shall—
“(A) take into account the effect of the improvements authorized by subsection (a) on the historic character of the Patent Office Building; and
“(B) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to such improvements.
“(2) Status of smithsonian.—
In carrying out this subsection, and in carrying out other projects in the District of Columbia which are subject to the review and approval of the National Capital Planning Commission in accordance with section 16 of the Act of June 20, 1938 (sec. 6–641.15, D.C. Official Code), the Smithsonian Institution shall be deemed to be an agency for purposes of compliance with regulations promulgated by the Advisory Council on Historic Preservation pursuant to section 106 of the National Historic Preservation Act (16 U.S.C. 470f) [now 54 U.S.C. 306108].”
20 U.S.C. § 78a (EDUCATION)
§ 78a. Authorization of appropriations; availability of funds; limit on use of funds during fiscal year; supervision; rules and regulations
There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $65,000, which shall be available until expended for the above purposes: Provided, That at such time as the Smithsonian Institution is satisfied that any State agency, or any educational institution or scientific organization in any of the United States, is prepared to contribute to such investigation and when in its judgment such investigation shall appear meritorious, the Secretary of the Smithsonian Institution may make available for such investigation such amounts from this sum as shall be equal to the amounts contributed respectively by each such State agency, or educational institution or scientific organization: Provided further, That the amount to be made available from this sum for such investigation in cooperation with each such State agency, or educational institution or scientific organization, shall not exceed $10,000 in any fiscal year: Provided further, That all such cooperative work and division of the result thereof shall be under the direction of the Secretary of the Smithsonian Institution: Provided further, That where lands are involved which are controlled by the Government of the United States, cooperative work thereon shall be under the provisions of section 1866(b) of title 18 and sections 320302 and 320303 of title 54, and rules and regulations pertaining thereto.
(Aug. 15, 1949, ch. 427, § 2, 63 Stat. 606; Pub. L. 113–287, § 5(e)(1), Dec. 19, 2014, 128 Stat. 3268.)
heading: Amendments
text: 2014—Pub. L. 113–287 substituted “section 1866(b) of title 18 and sections 320302 and 320303 of title 54” for “the Act of June 8, 1906 (16 U.S.C. 432, 433)”.