dreamproit/uscode huggingface dataset:
16 U.S.C. § 719a (CONSERVATION)
§ 719a. Junior Duck Stamp
(a) Competition
As part of the Program, the Secretary may annually conduct a competition to—
(1) solicit the submission by students at elementary and secondary schools of designs relating to conservation of migratory birds; and
(2) select winning designs from among those submissions for use for licensing and marketing under subsection (b).
(b) Licensing and marketing of design of Junior Duck Stamps
As part of the Program, the Secretary may—
(1) license and market winning designs selected in competitions under subsection (a); and
(2) license and market stamps bearing those designs, which shall be known as Junior Duck Stamps.
(c) Use of proceeds
Amounts received under subsection (b)—
(1) 1 shall be available to the Secretary until expended, without further appropriations, solely for—
(A) awards, prizes, and scholarships to individuals who submit designs in competitions under subsection (a), that are—
(i) selected in such a competition as winning designs; or
(ii) otherwise determined in such a competition to be superior;
(B) awards and prizes to schools, students, teachers, and other participants to further education activities related to the conservation education goals of the Program;
(C) award ceremonies for winners of national and State Junior Duck Stamp competitions;
(D) travel expenses for winners of national and State Junior Duck Stamp competitions to award ceremonies, if—
(i) the event is intended to honor students for winning a national competition; or
(ii) the event is intended to honor students for winning a State competition;
(E) expenses for licensing and marketing under subsection (b);
(F) expenses for migratory bird reference materials or supplies awarded to schools that participate in the Program; and
(G) expenses for marketing and educational materials developed to promote the Program; 2
(Pub. L. 103–340, § 3, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 109–166, § 2, Jan. 10, 2006, 119 Stat. 3576.)
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–166 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Amounts received under subsection (b) of this section—
“(1) shall be available to the Secretary until expended, without further appropriations, solely for—
“(A) awards and scholarships to individuals who submit designs in competitions under subsection (a) of this section, that are—
“(i) selected in such a competition as winning designs; or
“(ii) otherwise determined in such a competition to be superior;
“(B) awards to schools and other participants to further education activities related to the conservation education goals of the Program; and
“(C) expenses for licensing and marketing under subsection (b) of this section; and
“(2) may not be used for administrative expenses of the Program.”
16 U.S.C. § 773g (CONSERVATION)
§ 773g. Crimes and criminal penalties
(a) Offenses
A person is guilty of any 1 offense if he commits an act prohibited by section 773e(a)(2), (3), (4), or (6) of this title; or section 773e(b) of this title.
(b) Fines; imprisonment
Any offense described in subsection (a) is punishable by a fine of not more than $200,000 or imprisonment for not more than 6 months, or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this subchapter, or places any such officer in fear of imminent bodily injury the offense is punishable by a fine of not more than $400,000, or imprisonment for not more than 10 years or both.
(c) Federal jurisdiction
There is Federal jurisdiction over any offense described in this section.
(Pub. L. 97–176, § 9, May 17, 1982, 96 Stat. 81; Pub. L. 109–479, title III, § 301(c), Jan. 12, 2007, 120 Stat. 3623.)
heading: Amendments
text: 2007—Subsec. (b). Pub. L. 109–479 substituted “$200,000” for “$50,000” and “$400,000,” for “$100,000,”.
16 U.S.C. § 825o–1 (CONSERVATION)
§ 825o–1. Enforcement of certain provisions
(a) Violations
It shall be unlawful for any person to violate any provision of subchapter II or any rule or order issued under any such provision.
(b) Civil penalties
Any person who violates any provision of subchapter II or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $1,000,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 823b(d) of this title in the case of civil penalties assessed under section 823b of this title. In determining the amount of a proposed penalty, the Commission shall take into consideration the seriousness of the violation and the efforts of such person to remedy the violation in a timely manner.
(June 10, 1920, ch. 285, pt. III, § 316A, as added Pub. L. 102–486, title VII, § 725(b), Oct. 24, 1992, 106 Stat. 2920; amended Pub. L. 109–58, title XII, § 1284(e), Aug. 8, 2005, 119 Stat. 980.)
heading: Amendments
text: 2005—Pub. L. 109–58 substituted “subchapter II” for “section 824j, 824k, 824l, or 824m of this title” in subsecs. (a) and (b) and “$1,000,000” for “$10,000” in subsec. (b).
heading: State Authorities; Construction
text: Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title.
16 U.S.C. § 972a (CONSERVATION)
§ 972a. United States representation on the Council
(a) Appointment by Secretary of State
The Secretary of State—
(1) shall appoint a United States representative to the Council; and
(2) may appoint not more than three alternate United States representatives to the Council.
(b) Qualification
An individual is not eligible for appointment as, or to serve as, the United States representative under subsection (a)(1) unless the individual is an officer or employee of the United States Government.
(c) Compensation
An individual is not entitled to compensation for serving as the United States representative or an alternate United States representative.
(d) Travel expenses
While away from home or a regular place of business in the performance of service as the United States representative or an alternate United States representative, an individual is entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as individuals employed intermittently in Government service are allowed expenses under section 5703(b) 1 of title 5.
(Pub. L. 98–445, § 3, Oct. 4, 1984, 98 Stat. 1716.)
heading: References in Text
text: Section 5703 of title 5, referred to in subsec. (d), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b).
16 U.S.C. § 972f (CONSERVATION)
§ 972f. Prohibited acts
(a) Unlawful acts
It is unlawful for any person subject to the jurisdiction of the United States—
(1) to engage in fishing for a designated species of tuna within the Agreement Area unless issued a license under the Agreement authorizing such fishing;
(2) to engage in fishing for a designated species of tuna within the Agreement area 1 in contravention of regulations promulgated by the Secretary of Commerce under the Agreement;
(3) knowingly to ship, transport, purchase, sell, offer for sale, export, or have in custody, possession, or control any designated species of tuna taken or retained in violation of regulations issued under section 972e of this title;
(4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued under section 972e of this title;
(5) being a person in charge of a vessel of the United States, to fail to stop upon being hailed by an authorized official of the United States, or to refuse to permit officials of the United States to board the vessel or inspect its catch, equipment, books, documents, records, or other articles, or to question individuals on board; or
(6) to import from any country, in violation of any regulation issued under section 972e of this title, any designated species of tuna.
(b) Penalties
Any person who is convicted of violating—
(1) subsection (a)(1), (a)(2), or (a)(3) shall be fined or assessed a civil penalty not more than $25,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $50,000;
(2) subsection (a)(4) or (a)(5) shall be fined or assessed a civil penalty not more than $5,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $5,000; or
(3) subsection (a)(6) shall be fined or assessed a civil penalty not more than $100,000.
(c) Forfeiture
All designated species of tuna taken or retained in violation of subsection (a)(1), (2), (3), or (6), or the monetary value thereof, is subject to forfeiture.
(d) Application of laws relating to seizures and forfeitures
All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter.
(Pub. L. 98–445, § 8, Oct. 4, 1984, 98 Stat. 1717.)
16 U.S.C. § 1055 (CONSERVATION)
§ 1055. Members of Advisory Board
(a) Appointment and number of members
The Advisory Board shall be composed of nine members. The Secretary shall designate the Chairman of the Advisory Board. The Assistant Secretary of the Interior for Fish and Wildlife shall be a member of such Board ex officio. The remaining eight members of such Board shall be appointed as follows—
(1) two Members of the Senate, appointed by the President of the Senate;
(2) two Members of the House of Representatives, appointed by the Speaker of the House of Representatives;
(3) two individuals appointed by the Secretary, one of whom shall be engaged in or closely associated with, sport fishing, and one of whom shall be engaged in, or closely associated with, commercial fishing; and
(4) two individuals appointed by the Secretary from the public at large.
(b) Terms of office
Each class of two members of the Advisory Board referred to in subsection (a) shall be appointed for terms of four years, except that, of each such class of two members initially appointed, one shall be appointed for a term of two years. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Of each class of two members of such Board referred to in paragraphs (1) and (2) of subsection (a), not more than one shall be from the same political party, and not more than one shall be from the same State. Any member of such Board referred to in such paragraphs (1) and (2) who shall cease to be a Member of Congress during the term of his appointment under this section shall cease to be a member of such Board.
(c) Vacancies
Any vacancy in the Advisory Board shall be filled in the same manner as in the case of the original appointment.
(Pub. L. 87–758, § 5, Oct. 9, 1962, 76 Stat. 753.)
heading: Termination of Advisory Boards
text: Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Officers and Employees.
16 U.S.C. § 1382 (CONSERVATION)
§ 1382. Regulations and administration
(a) Consultation with Federal agencies
The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.
(b) Cooperation by Federal agencies
Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.
(c) Contracts, leases, and cooperative agreements
The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.
(d) Annual review; suspension of program
The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of 1 policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under section 1373(f) of this title his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.
(e) Measures to alleviate impacts on strategic stocks
If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of similar ecological significance to marine mammals may be causing the decline or impeding the recovery of a strategic stock, the Secretary may develop and implement conservation or management measures to alleviate those impacts. Such measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.
(Pub. L. 92–522, title I, § 112, Oct. 21, 1972, 86 Stat. 1042; Pub. L. 96–470, title II, § 201(e), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 102–587, title III, § 3004(a)(3), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 7(a), 24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.)
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–238, § 24(c)(11), made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act.
Subsec. (e). Pub. L. 103–238, § 7(a), added subsec. (e).
1992—Subsec. (c). Pub. L. 102–587 inserted “or subchapter V” after “of this subchapter”.
1980—Subsec. (d). Pub. L. 96–470 substituted “include in the annual report to the public and the Congress required under section 1373(f) of this title” for “forthwith submit to Congress”.
16 U.S.C. § 1421b (CONSERVATION)
§ 1421b. Stranding response agreements
(a) In general
The Secretary may enter into an agreement under section 1382(c) of this title with any person to take marine mammals under section 1379(h)(1) of this title in response to a stranding.
(b) Required provision
An agreement authorized by subsection (a) shall—
(1) specify each person who is authorized to perform activities under the agreement; and
(2) specify any terms and conditions under which a person so specified may delegate that authority to another person.
(c) Review
The Secretary shall periodically review agreements under section 1382(c) of this title that are entered into pursuant to this subchapter, for performance adequacy and effectiveness.
(Pub. L. 92–522, title IV, § 403, formerly title III, § 303, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 403, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565.)
16 U.S.C. § 1421d (CONSERVATION)
§ 1421d. Unusual mortality event activity funding
(a) Establishment of Fund
There is established in the Treasury an interest bearing fund to be known as the “Marine Mammal Unusual Mortality Event Fund”, which shall consist of amounts deposited into the Fund under subsection (c).
(b) Uses
(1) In general
Amounts in the Fund—
(A) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior—
(i) to compensate persons for special costs incurred in acting in accordance with the contingency plan issued under section 1421c(b) of this title or under the direction of an Onsite Coordinator for an unusual mortality event;
(ii) for reimbursing any stranding network participant for costs incurred in preparing and transporting tissues collected with respect to an unusual mortality event for the Tissue Bank; and
(iii) for care and maintenance of marine mammal seized under section 1374(c)(2)(D) of this title; and
(B) shall remain available until expended.
(2) Pending claims
If sufficient amounts are not available in the Fund to satisfy any authorized pending claim, such claim shall remain pending until such time as sufficient amounts are available. All authorized pending claims shall be satisfied in the order received.
(c) Deposits into Fund
There shall be deposited into the Fund—
(1) amounts appropriated to the Fund;
(2) other amounts appropriated to the Secretary for use with respect to unusual mortality events; and
(3) amounts received by the United States in the form of gifts, devises, and bequests under subsection (d).
(d) Acceptance of donations
For purposes of carrying out this subchapter and section 1374(c)(2)(D) of this title, the Secretary may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.
(Pub. L. 92–522, title IV, § 405, formerly title III, § 305, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 405, and amended Pub. L. 103–238, §§ 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat. 542, 559, 565, 566.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–238, § 16(b), substituted “an interest bearing fund” for “a fund”.
Subsec. (b)(1)(A)(i). Pub. L. 103–238, § 24(c)(2), made technical amendment to reference to section 1421c(b) of this title to reflect renumbering of corresponding section of original act.
Subsec. (b)(1)(A)(iii). Pub. L. 103–238, § 6(1), added cl. (iii).
Subsec. (d). Pub. L. 103–238, § 6(2), inserted “and section 1374(c)(2)(D) of this title”.
16 U.S.C. § 1421e (CONSERVATION)
§ 1421e. Liability
(a) In general
A person who is authorized to respond to a stranding pursuant to an agreement entered into under section 1382(c) of this title is deemed to be an employee of the government for purposes of chapter 171 of title 28, with respect to actions of the person that are—
(1) in accordance with the agreement; and
(2) in the case of an unusual mortality event, in accordance with—
(A) the contingency plan issued under section 1421c(b) of this title;
(B) the instructions of an Onsite Coordinator designated under section 1421c(c) of this title; or
(C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.
(b) Limitation
Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.
(Pub. L. 92–522, title IV, § 406, formerly title III, § 306, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 406, and amended Pub. L. 103–238, § 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566.)
heading: Amendments
text: 1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, § 24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 1447e (CONSERVATION)
§ 1447e. Report on research program
(a) Preparation and submission of report
Each Board receiving a grant under section 1447d of this title shall, not later than 2 years after the approval of its comprehensive plan under section 1447d of this title and at 2-year intervals thereafter, prepare and submit to the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency a report describing—
(1) the findings and conclusions of research projects conducted in the region;
(2) recommendations for improvements in the design or implementation of programs for the protection of the marine environment; and
(3) available data and information concerning ecosystem health within the region.
(b) Transmittal to Congress
Upon receipt of a report prepared by a Board under subsection (a), the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency shall transmit a copy of such report to the Committees on Commerce, Science, and Transportation and on Environment and Public Works of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives.
(Pub. L. 92–532, title IV, § 406, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2969.)
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Science of House of Representatives in case of provisions relating to marine research by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.