dreamproit/uscode huggingface dataset:
16 U.S.C. § 5108 (CONSERVATION)
§ 5108. Authorization of appropriations
(a) In general
To carry out this chapter, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
(b) Cooperative statistics program
Amounts authorized under subsection (a) may be used by the Secretary to support the Commission’s cooperative statistics program.
(Pub. L. 103–206, title VIII, § 811, formerly § 809, Dec. 20, 1993, 107 Stat. 2453; renumbered § 811 and amended Pub. L. 104–297, title IV, § 404(c), (d), Oct. 11, 1996, 110 Stat. 3619, 3620; Pub. L. 106–555, title I, § 122(a), Dec. 21, 2000, 114 Stat. 2766.)
heading: Prior Provisions
text: Another section 811 of Pub. L. 103–206 amended section 4107 of this title, prior to repeal by Pub. L. 106–555, title I, § 122(b)(1)(B), Dec. 21, 2000, 114 Stat. 2766.
heading: Amendments
text: 2000—Pub. L. 106–555 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “To carry out the provisions of this chapter, there are authorized to be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for fiscal year 1995, and $7,000,000 for fiscal year 1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.”
1996—Pub. L. 104–297, § 404(d), which directed amendment of section 810 of Pub. L. 103–206 by substituting “1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000” for “1996”, was executed to this section to reflect the probable intent of Congress.
16 U.S.C. § 5155 (CONSERVATION)
§ 5155. Continuing studies of striped bass populations
(a) In general
For the purposes of carrying out this chapter, the Secretaries shall conduct continuing, comprehensive studies of Atlantic striped bass stocks. These studies shall include, but shall not be limited to, the following:
(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record generated by the annual striped bass study conducted by the Secretaries before 1994 and understanding the population dynamics of Atlantic striped bass.
(2) Investigations of the causes of fluctuations in Atlantic striped bass populations.
(3) Investigations of the effects of water quality, land use, and other environmental factors on the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population.
(4) Investigations of—
(A) the interactions between Atlantic striped bass and other fish, including bluefish, menhaden, mackerel, and other forage fish or possible competitors, stock assessments of these species, to the extent appropriate; and
(B) the effects of interspecies predation and competition on the recruitment, spawning potential mortality, and abundance of Atlantic striped bass.
(b) Socio-economic study
The Secretaries, in consultation with with 1 the Atlantic States Marine Fisheries Commission, shall conduct a study of the socio-economic benefits of the Atlantic striped bass resource. The Secretaries shall issue a report to the Congress concerning the findings of this study no later than September 30, 1998.
(c) Reports
The Secretaries shall make biennial reports to the Congress and to the Commission concerning the progress and findings of studies conducted under subsection (a) and shall make those reports public. Such reports shall, to the extent appropriate, contain recommendations of actions which could be taken to encourage the sustainable management of Atlantic striped bass.
(Pub. L. 98–613, § 6, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2675.)
heading: Amendments
text: 1997—Pub. L. 105–146 amended section catchline and text generally, substituting provisions relating to continuing studies of striped bass populations for provisions relating to comprehensive annual surveys.
16 U.S.C. § 5157 (CONSERVATION)
§ 5157. Public participation in preparation of management plans and amendments
(a) Standards and procedures
In order to ensure the opportunity for public participation in the preparation of management plans and amendments to management plans for Atlantic striped bass, the Commission shall prepare such plans and amendments in accordance with the standards and procedures established under section 5104(a)(2) of this title.
(b) Application
Subsection (a) shall apply to management plans and amendments adopted by the Commission after the 6-month period beginning on December 16, 1997.
(Pub. L. 98–613, § 8, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
heading: Amendments
text: 1997—Pub. L. 105–146 amended section catchline and text generally, substituting provisions relating to public participation in preparation of management plans and amendments for provisions requiring the Secretaries to review the existing Plan and report to the Commission and Committees of Congress on its adequacy.
16 U.S.C. § 5158 (CONSERVATION)
§ 5158. Protection of striped bass in the exclusive economic zone
(a) Regulation of fishing in exclusive economic zone
The Secretary shall promulgate regulations governing fishing for Atlantic striped bass in the exclusive economic zone that the Secretary determines—
(1) are consistent with the national standards set forth in section 301 of the Magnuson Act (16 U.S.C. 1851);
(2) are compatible with the Plan and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal State;
(3) ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal State; and
(4) are sufficient to assure the long-term conservation of Atlantic striped bass populations.
(b) Consultation; periodic review of regulations
In preparing regulations under subsection (a), the Secretary shall consult with the Atlantic States Marine Fisheries Commission, the appropriate Regional Fishery Management Councils, and each affected Federal, State, and local government entity. The Secretary shall periodically review regulations promulgated under subsection (a), and if necessary to ensure their continued consistency with the requirements of subsection (a), shall amend those regulations.
(c) Applicability of Magnuson Act provisions
The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations and any plan issued under subsection (a) of this section as if such regulations or plan were issued under the Magnuson Act.
(Pub. L. 98–613, § 9, as added Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
heading: Prior Provisions
text: A prior section 9 of Pub. L. 98–613, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 5, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 2, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 2(c), Oct. 17, 1991, 105 Stat. 626, related to the period of effectiveness of sections 1 to 8 of Pub. L. 98–613, prior to repeal by Pub. L. 103–206, title VIII, § 812, formerly § 810, Dec. 20, 1993, 107 Stat. 2453, renumbered § 812, Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3619. Section 812 of Pub. L. 103–206 was itself repealed by Pub. L. 106–555, title I, § 122(b)(1)(B), (2), Dec. 21, 2000, 114 Stat. 2766.
16 U.S.C. § 5202 (CONSERVATION)
§ 5202. Civil penalties
(a) In general
A person who violates section 5201 of this title shall be assessed a civil penalty in an amount computed under subsection (b).
(b) Computation of penalty
The penalty shall be—
(1) not more than $10,000, if the violation involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person; and
(2) not more than $5,000 for any other violation.
(c) Relationship to other penalties
The penalties established by this section shall be in addition to other criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 5201 of this title.
(d) Procedure
Upon receipt of—
(1) a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 5201 of this title; or
(2) a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual allegations to create a reasonable belief that a violation of section 5201 of this title has occurred;
the Secretary may request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty under this section.
(e) Use of penalty money collected
After deduction of costs attributable to collection, money collected from penalties shall be—
(1) deposited into the trust fund established pursuant to the Act entitled “An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes”, approved September 2, 1937 (16 U.S.C. 669) (commonly known as the “Pitman-Robertson Wildlife Restoration Act”), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or
(2) used in such other manner as the Secretary determines will enhance the funding and implementation of—
(A) the North American Waterfowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or
(B) a similar program that the Secretary determines will enhance wildlife management—
(i) on Federal lands; or
(ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Federal lands.
(Pub. L. 103–322, title XXXII, § 320803, Sept. 13, 1994, 108 Stat. 2121.)
heading: References in Text
text: The Pitman-Robertson Wildlife Restoration Act, referred to in subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables.
16 U.S.C. § 5508 (CONSERVATION)
§ 5508. Criminal offenses
(a) Offenses
A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of section 5505 of this title.
(b) Punishment
Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, 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 authorized officer, or places any such officer in fear of imminent bodily injury, the offense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both.
(Pub. L. 104–43, title I, § 109, Nov. 3, 1995, 109 Stat. 375.)
16 U.S.C. § 5602 (CONSERVATION)
§ 5602. Requests for scientific advice
(a) Restriction
The Representatives may not make a request or specification described in subsection (b)(1) or (2), respectively, unless the Representatives have first—
(1) consulted with the appropriate Regional Fishery Management Councils; and
(2) received the consent of the Commissioners for that action.
(b) Requests and terms of reference described
The requests and specifications referred to in subsection (a) are, respectively—
(1) any request, under Article VII(1) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
(2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(1) of the Convention.
(Pub. L. 104–43, title II, § 203, Nov. 3, 1995, 109 Stat. 378.)
16 U.S.C. § 5608 (CONSERVATION)
§ 5608. Administrative matters
(a) Prohibition on compensation
A person shall not receive any compensation from the Government by reason of any service of the person as—
(1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative;
(2) an expert or adviser authorized under section 5601(e) of this title; or
(3) a member of the consultative committee established by section 5607 of this title.
(b) Travel and expenses
The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six experts and advisers authorized under section 5601(e) of this title with respect to their actual performance of their official duties pursuant to this chapter, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(c) Status as Federal employees
A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5 and chapter 171 of title 28, respectively.
(Pub. L. 104–43, title II, § 209, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(2), Nov. 13, 1998, 112 Stat. 3451.)
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–384 substituted “171” for “17”.
16 U.S.C. § 5612 (CONSERVATION)
§ 5612. Quota allocation practice
(a) In general
The Secretary of Commerce, acting through the Secretary of State, shall promptly seek to establish a new practice for allocating quotas under the Convention that—
(1) is predictable and transparent;
(2) provides fishing opportunities for all members of the Organization; and
(3) is consistent with the Straddling Fish Stocks Agreement.
(b) Report
The Secretary of Commerce shall include in annual reports under section 5611 1 of this title—
(1) a description of the results of negotiations held pursuant to subsection (a);
(2) an identification of barriers to achieving such a new allocation practice; and
(3) recommendations for any further legislation that is necessary to achieve such a new practice.
(c) “Straddling Fish Stocks Agreement” defined
In this section the term “Straddling Fish Stocks Agreement” means the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
(Pub. L. 104–43, title II, § 213, as added Pub. L. 105–384, title II, § 201(d), Nov. 13, 1998, 112 Stat. 3452.)
heading: References in Text
text: Section 5611 of this title, referred to in subsec. (b), was repealed by Pub. L. 113–188, title II, § 201(f), Nov. 26, 2014, 128 Stat. 2018.
16 U.S.C. § 5708 (CONSERVATION)
§ 5708. Administrative matters
(a) Compensation of Panel members
Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS–15 of the General Schedule when engaged in the actual performance of duties.
(b) Travel and other expenses
Travel and other necessary expenses shall be paid for all Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties.
(c) Status as Federal employees
Except for officials of the United States Government, individuals described in subsection (b) shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 1 of title 28.
(Pub. L. 104–43, title VII, § 709, Nov. 3, 1995, 109 Stat. 395.)
heading: References in Text
text: The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 5802 (CONSERVATION)
§ 5802. National Natural Resources Conservation Foundation
(a) Establishment
A National Natural Resources Conservation Foundation is established as a charitable and nonprofit corporation for charitable, scientific, and educational purposes specified in subsection (b). The Foundation is not an agency or instrumentality of the United States.
(b) Duties
The Foundation shall—
(1) promote innovative solutions to the problems associated with the conservation of natural resources on private lands, particularly with respect to agriculture and soil and water conservation;
(2) promote voluntary partnerships between government and private interests in the conservation of natural resources;
(3) conduct research and undertake educational activities, conduct and support demonstration projects, and make grants to State and local agencies and nonprofit organizations;
(4) provide such other leadership and support as may be necessary to address conservation challenges, such as the prevention of excessive soil erosion, the enhancement of soil and water quality, and the protection of wetlands, wildlife habitat, and strategically important farmland subject to urban conversion and fragmentation;
(5) encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with, the conservation and related activities and services of the Department, particularly the Natural Resources Conservation Service;
(6) undertake, conduct, and encourage educational, technical, and other assistance, and other activities, that support the conservation and related programs administered by the Department (other than activities carried out on National Forest System lands), particularly the Natural Resources Conservation Service, except that the Foundation may not enforce or administer a regulation of the Department; and
(7) raise private funds to promote the purposes of the Foundation.
(c) Limitations and conflicts of interest
(1) Political activities
The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office.
(2) Conflicts of interest
No director, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting—
(A) the financial interests of the director, officer, or employee; or
(B) the interests of any corporation, partnership, entity, organization, or other person in which the director, officer, or employee—
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.
(3) Legislation or government action or policy
No funds of the Foundation may be used in any manner for the purpose of influencing legislation or government action or policy.
(4) Litigation
No funds of the Foundation may be used to bring or join an action against the United States.
(Pub. L. 104–127, title III, § 353, Apr. 4, 1996, 110 Stat. 1010.)
16 U.S.C. § 5803 (CONSERVATION)
§ 5803. Composition and operation
(a) Composition
The Foundation shall be administered by a Board of Trustees that shall consist of 9 voting members, each of whom shall be a United States citizen and not a Federal officer. The Board shall be composed of—
(1) individuals with expertise in agricultural conservation policy matters;
(2) a representative of private sector organizations with a demonstrable interest in natural resources conservation;
(3) a representative of statewide conservation organizations;
(4) a representative of soil and water conservation districts;
(5) a representative of organizations outside the Federal Government that are dedicated to natural resources conservation education; and
(6) a farmer or rancher.
(b) Nongovernmental employees
Service as a member of the Board shall not constitute employment by, or the holding of, an office of the United States for the purposes of any Federal law.
(c) Membership
(1) Initial members
The Secretary shall appoint 9 persons who meet the criteria established under subsection (a) as the initial members of the Board and designate 1 of the members as the initial chairperson for a 2-year term.
(2) Terms of office
(A) In general
A member of the Board shall serve for a term of 3 years, except that the members appointed to the initial Board shall serve, proportionately, for terms of 1, 2, and 3 years, as determined by the Secretary.
(B) Limitation on terms
No individual may serve more than 2 consecutive 3-year terms as a member of the Board.
(3) Subsequent members
The initial members of the Board shall adopt procedures in the constitution of the Foundation for the nomination and selection of subsequent members of the Board. The procedures shall require that each member, at a minimum, meets the criteria established under subsection (a) and shall provide for the selection of an individual, who is not a Federal officer or a member of the Board.
(d) Chairperson
After the appointment of an initial chairperson under subsection (c)(1), each succeeding chairperson of the Board shall be elected by the members of the Board for a 2-year term.
(e) Vacancies
A vacancy on the Board shall be filled by the Board not later than 60 days after the occurrence of the vacancy.
(f) Compensation
A member of the Board shall receive no compensation from the Foundation for the service of the member on the Board.
(g) Travel expenses
While away from the home or regular place of business of a member of the Board in the performance of services for the Board, the member shall be allowed travel expenses paid by the Foundation, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Government service is allowed under section 5703 of title 5.
(Pub. L. 104–127, title III, § 354, Apr. 4, 1996, 110 Stat. 1011.)