dreamproit/uscode huggingface dataset:
16 U.S.C. § 410eeee–11 (CONSERVATION)
§ 410eeee–11. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subchapter, but not to exceed $20,000,000 for the acquisition of lands and interests in lands, and not to exceed $3,000,000 for development.
(Pub. L. 95–625, title XI, § 1112, Nov. 10, 1978, 92 Stat. 3548; Pub. L. 99–500, § 101(h) [title I, § 116(b)], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) [title I, § 116(b)], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title X, § 1002, Oct. 30, 1986, 100 Stat. 3340.)
heading: Codification
text: Section was formerly classified to section 460m–25 of this title.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
heading: Amendments
text: 1986—Pub. L. 99–500, Pub. L. 99–590, Pub. L. 99–591, amended section identically substituting “$3,000,000” for “$500,000”.
16 U.S.C. § 410eeee–12 (CONSERVATION)
§ 410eeee–12. Cooperative agreements with State
In administering the national river, the Secretary is authorized to enter into cooperative agreements with the State of West Virginia, or any political subdivision thereof, for the rendering, on a reimbursable or non-reimbursable basis, of rescue, fire fighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.
(Pub. L. 95–625, title XI, § 1113, as added Pub. L. 100–534, title I, § 102, Oct. 26, 1988, 102 Stat. 2700.)
heading: Codification
text: Section was formerly classified to section 460m–26 of this title.
16 U.S.C. § 410eeee–13 (CONSERVATION)
§ 410eeee–13. Improvement of access at Cunard
(a) Development and improvement
The Secretary shall expeditiously acquire such lands, and undertake such developments and improvements, as may be necessary to provide for commercial and noncommercial access to the river near Cunard. No restriction shall be imposed on such access based on the time of day, except to the extent required to protect public health and safety.
(b) Interim measures
Pending completion of the developments and improvements referred to in subsection (a), the Secretary shall permit the motorized towing of whitewater rafts in the section of the national river between Thurmond and Cunard when the volume of flow in the river is less than three thousand cubic feet per second.
(Pub. L. 95–625, title XI, § 1114, as added Pub. L. 100–534, title I, § 103, Oct. 26, 1988, 102 Stat. 2700.)
heading: Codification
text: Section was formerly classified to section 460m–27 of this title.
16 U.S.C. § 410eeee–15 (CONSERVATION)
§ 410eeee–15. Glade Creek visitor facility
In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River 1 and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility.
(Pub. L. 95–625, title XI, § 1116, as added Pub. L. 100–534, title I, § 105, Oct. 26, 1988, 102 Stat. 2702.)
heading: Codification
text: Section was formerly classified to section 460m–29 of this title.
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
16 U.S.C. § 410eeee–16 (CONSERVATION)
§ 410eeee–16. New River Gorge and Gauley River Visitor Center
The Secretary of the Interior is authorized to construct a visitor center and such other related facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River 1 and the Gauley River National Recreation Area in the vicinity of the confluence of the New and Gauley Rivers. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River 1 or Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit.
(Pub. L. 104–333, div. I, title IV, § 406(b), Nov. 12, 1996, 110 Stat. 4150.)
heading: Codification
text: Section was formerly classified to section 460m–29a of this title.
Section was enacted as part of the Omnibus Parks and Public Lands Management Act of 1996, and not as part of title XI of the National Parks and Recreation Act of 1978 which comprises this subchapter.
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
heading: New River Visitor Center
text: Pub. L. 105–178, title I, § 1214(c), June 9, 1998, 112 Stat. 205, provided that:
“(1) In general.—
The Secretary shall allocate to the Secretary of the Interior amounts made available by this subsection for the planning, design, and construction of a visitor center, and such other related facilities as may be necessary, to facilitate visitor understanding and enjoyment of the scenic, historic, cultural, and recreational resources of the New River Gorge National River [now New River Gorge National Park and Preserve] in the State of West Virginia. The center and related facilities shall be located at a site for which title is held by the United States in the vicinity of the I–64 Sandstone intersection.
“(2) Authorization of appropriations.—
There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $1,300,000 for fiscal year 1998, $1,200,000 for fiscal year 1999, and $9,900,000 for fiscal year 2000.
“(3) Applicability of title 23.—
Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended.”
16 U.S.C. § 410eeee–17 (CONSERVATION)
§ 410eeee–17. Applicable provisions of other law
(a) Cooperative agreements
The provisions of section 460ww–1(e)(1) of this title shall apply to the New River Gorge National River 1 in the same manner and to the same extent as such provisions apply to the Gauley River National Recreation Area.
(b) Remnant lands
The provisions of the second sentence of section 460ww–2(a) of this title shall apply to tracts of land partially within the boundaries of the New River Gorge National River 1 in the same manner and to the same extent as such provisions apply to tracts of land only partially within the Gauley River National Recreation Area.
(Pub. L. 95–625, title XI, § 1117, as added Pub. L. 104–333, div. I, title IV, § 406(a)(3), Nov. 12, 1996, 110 Stat. 4150.)
heading: Codification
text: Section was formerly classified to section 460m–30 of this title.
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
16 U.S.C. § 460ww (CONSERVATION)
§ 460ww. Establishment
(a) In general
In order to protect and preserve the scenic, recreational, geological, and fish and wildlife resources of the Gauley River and its tributary, the Meadow River, there is hereby established the Gauley River National Recreation Area (hereinafter in this Act referrred 1 to as the “recreation area”).
(b) Area included
The recreation area shall consist of the land, waters, and interests therein generally depicted on the boundary map entitled “Gauley River National Recreation Area”, numbered NRA–GR/20,000A and dated July 1987 and on the boundary map depicting the Meadow River, numbered WSR–MEA/20,000A and dated July 1988. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(c) Boundary modifications
Within five years after October 26, 1988, the Secretary of the Interior (hereinafter in this subchapter referred to as the “Secretary”) shall submit to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a report containing any boundary modifications which the Secretary recommends, together with the reasons therefor.
(Pub. L. 100–534, title II, § 201, Oct. 26, 1988, 102 Stat. 2702; Pub. L. 103–437, § 6(d)(21), Nov. 2, 1994, 108 Stat. 4584.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 100–534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia National Interest River Conservation Act of 1987, which enacted this subchapter and sections 410eeee–12 to 410eeee–15 of this title, amended sections 410eeee–1 and 1274 of this title, and enacted provisions set out as notes under sections 410eeee–1 and 1274 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 410eeee–1 of this title and Tables.
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 460ww–2 (CONSERVATION)
§ 460ww–2. Miscellaneous
(a) Lands and waters
The Secretary may acquire lands or interests in lands within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs.
(b) Jurisdiction
Lands, waters and interests therein within the recreation area which are administered by any other agency of the United States and which are not identified under section 460ww–1 of this title as directly related to the Summersville project and essential to the operation of that project shall be transferred without reimbursement to the administrative jurisdiction of the Secretary.
(c) Protection of existing project
Nothing in this Act shall impair or affect the requirements of section 1102 of Public Law 99–662 or otherwise affect the authorities of any department or agency of the United States to carry out the project purposes of the Summersville project, including recreation. In releasing water from such project, in order to protect public health and safety and to provide for enjoyment of the resources within the recreation area, other departments and agencies of the United States shall cooperate with the Secretary to facilitate and enhance whitewater recreational use and other recreational use of the recreation area.
(Pub. L. 100–534, title II, § 203, Oct. 26, 1988, 102 Stat. 2704.)
heading: References in Text
text: This Act, referred to in subsec. (c), is Pub. L. 100–534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia National Interest River Conservation Act of 1987, which enacted this subchapter and sections 410eeee–12 to 410eeee–15 of this title, amended sections 410eeee–1 and 1274 of this title, and enacted provisions set out as notes under sections 410eeee–1 and 1274 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 410eeee–1 of this title and Tables.
Section 1102 of Public Law 99–662, referred to in subsec. (c), is section 1102 of Pub. L. 99–662, title XI, Nov. 17, 1986, 100 Stat. 4225, which is not classified to the Code.
16 U.S.C. § 556i (CONSERVATION)
§ 556i. Transfer of funds made available to Forest Service
None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 2257 of title 7, section 7772 of title 7, or section 8316(b) of title 7.
(Pub. L. 116–260, div. G, title III, Dec. 27, 2020, 134 Stat. 1522.)
heading: Similar Provisions
text: Provisions similar to this section were contained in the following prior appropriation acts:
Pub. L. 116–94, div. D, title III, Dec. 20, 2019, 133 Stat. 2729.
Pub. L. 116–6, div. E, title III, Feb. 15, 2019, 133 Stat. 246.
Pub. L. 115–141, div. G, title III, Mar. 23, 2018, 132 Stat. 674.
Pub. L. 115–31, div. G, title III, May 5, 2017, 131 Stat. 482.
Pub. L. 114–113, div. G, title III, Dec. 18, 2015, 129 Stat. 2563.
Pub. L. 113–235, div. F, title III, Dec. 16, 2014, 128 Stat. 2432.
Pub. L. 113–76, div. G, title III, Jan. 17, 2014, 128 Stat. 326.
Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat. 1025.
Pub. L. 111–88, div. A, title III, Oct. 30, 2009, 123 Stat. 2944.
Pub. L. 111–8, div. E, title III, Mar. 11, 2009, 123 Stat. 733.
Pub. L. 110–161, div. F, title III, Dec. 26, 2007, 121 Stat. 2133.
16 U.S.C. § 671 (CONSERVATION)
§ 671. Repealed and Omitted
heading: Codification
text: Section was a composite of provisions in acts May 23, 1908, ch. 192, 35 Stat. 267, and Mar. 4, 1909, ch. 301, 35 Stat. 1051. The provision in act May 23, 1908, ch. 192, which authorized President to reserve and except 12,800 acres for a permanent National Bison Range in Montana, was repealed by Pub. L. 116–260, div. DD, § 12(g), Dec. 27, 2020, 134 Stat. 3032. The provision in act Mar. 4, 1909, ch. 301, which directed President to reserve and except a sufficient area to enlarge the Range to not to exceed 20,000 acres, was omitted in view of the probable intent to repeal the entirety of this section by section 12(g) of div. DD of Pub. L. 116—260.
16 U.S.C. § 1336 (CONSERVATION)
§ 1336. Cooperative agreements; regulations
The Secretary is authorized to enter into cooperative agreements with other landowners and with the State and local governmental agencies and may issue such regulations as he deems necessary for the furtherance of the purposes of this chapter.
(Pub. L. 92–195, § 6, Dec. 15, 1971, 85 Stat. 650.)
heading: Contracts and Agreements for Wild Horse and Burro Holding Facilities
text: Pub. L. 112–74, div. E, title I, § 114, Dec. 23, 2011, 125 Stat. 1009, provided that:
“(a) Notwithstanding any other provision of this Act [div. E of Pub. L. 112–74, see Tables for classification], the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 254c) [see 41 U.S.C. 3903] (except that the 5-year term restriction in subsection (d) [see 41 U.S.C. 3903(a)] shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary.
“(b) During fiscal year 2012 and subsequent fiscal years, in carrying out work involving cooperation with any State or political subdivision thereof, the Bureau of Land Management may record obligations against accounts receivable from any such entities.”
Similar provisions were contained in the following appropriation acts:
Pub. L. 116–260, div. G, title I, § 108, Dec. 27, 2020, 134 Stat. 1504.
Pub. L. 116–94, div. D, title I, § 108, Dec. 20, 2019, 133 Stat. 2712.
Pub. L. 116–6, div. E, title I, § 109, Feb. 15, 2019, 133 Stat. 231.
Pub. L. 115–141, div. G, title I, § 109, Mar. 23, 2018, 132 Stat. 659.
Pub. L. 115–31, div. G, title I, § 109, May 5, 2017, 131 Stat. 460.
Pub. L. 114–113, div. G, title I, § 109, Dec. 18, 2015, 129 Stat. 2549.
Pub. L. 113–235, div. F, title I, § 110, Dec. 16, 2014, 128 Stat. 2419.
Pub. L. 113–76, div. G, title I, § 111, Jan. 17, 2014, 128 Stat. 312.
16 U.S.C. § 6809 (CONSERVATION)
§ 6809. Sunset provision
The authority of the Secretary to carry out this chapter shall terminate September 30, 2019.
(Pub. L. 108–447, div. J, title VIII, § 810, Dec. 8, 2004, 118 Stat. 3389; Pub. L. 113–235, div. F, title IV, § 422, Dec. 16, 2014, 128 Stat. 2449; Pub. L. 114–53, div. B, § 134, Sept. 30, 2015, 129 Stat. 509, renumbered div. B, Pub. L. 114–113, § 8(3), Dec. 18, 2015, 129 Stat. 2245; Pub. L. 114–223, div. C, § 133, Sept. 29, 2016, 130 Stat. 914; Pub. L. 115–56, div. D, § 131, Sept. 8, 2017, 131 Stat. 1145.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
heading: Amendments
text: 2017—Pub. L. 115–56 substituted “September 30, 2019” for “September 30, 2018”.
2016—Pub. L. 114–223 substituted “September 30, 2018” for “September 30, 2017”.
2015—Pub. L. 114–53 substituted “September 30, 2017.” for “on September 30, 2016.”
2014—Pub. L. 113–235 substituted “on September 30, 2016” for “10 years after December 8, 2004”. Amendment was executed as the probable intent of Congress, notwithstanding error in directory language which referenced the editorial translation of “December 8, 2004” rather than “the date of the enactment of this Act” which appeared in the original.
heading: Recreation Fees
text: Pub. L. 116–260, div. G, title IV, § 423, Dec. 27, 2020, 134 Stat. 1541, provided that: “Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ‘October 1, 2022’ for ‘September 30, 2019’.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 116–94, div. D, title IV, § 425, Dec. 20, 2019, 133 Stat. 2748.
Pub. L. 116–6, div. E, title IV, § 427, Feb. 15, 2019, 133 Stat. 264.
17 U.S.C. § 1501 (COPYRIGHTS)
§ 1501. Definitions
In this chapter—
(1) the term “claimant” means the real party in interest that commences a proceeding before the Copyright Claims Board under section 1506(e), pursuant to a permissible claim of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation brought under section 1504(c)(3);
(2) the term “counterclaimant” means a respondent in a proceeding before the Copyright Claims Board that—
(A) asserts a permissible counterclaim under section 1504(c)(4) against the claimant in the proceeding; and
(B) is the real party in interest with respect to the counterclaim described in subparagraph (A);
(3) the term “party”—
(A) means a party; and
(B) includes the attorney of a party, as applicable; and
(4) the term “respondent” means any person against whom a proceeding is brought before the Copyright Claims Board under section 1506(e), pursuant to a permissible claim of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation brought under section 1504(c)(3).
(Added Pub. L. 116–260, div. Q, title II, § 212(b), Dec. 27, 2020, 134 Stat. 2177.)
heading: Statutory Notes and Related Subsidiaries
heading: Severability
text: Pub. L. 116–260, div. Q, title II, § 212(f), Dec. 27, 2020, 134 Stat. 2200, provided that: “If any provision of this section [see Short Title of 2020 Amendment note set out under section 101 of this title], an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section and the amendments made by this section, and the application of the provision or the amendment to any other person or circumstance, shall not be affected.”
17 U.S.C. § 1505 (COPYRIGHTS)
§ 1505. Registration requirement
(a) Application or Certificate.—
A claim or counterclaim alleging infringement of an exclusive right in a copyrighted work may not be asserted before the Copyright Claims Board unless—
(1) the legal or beneficial owner of the copyright has first delivered a completed application, a deposit, and the required fee for registration of the copyright to the Copyright Office; and
(2) a registration certificate has either been issued or has not been refused.
(b) Certificate of Registration.—
Notwithstanding any other provision of law, a claimant or counterclaimant in a proceeding before the Copyright Claims Board shall be eligible to recover actual damages and profits or statutory damages under this chapter for infringement of a work if the requirements of subsection (a) have been met, except that—
(1) the Copyright Claims Board may not render a determination in the proceeding until—
(A) a registration certificate with respect to the work has been issued by the Copyright Office, submitted to the Copyright Claims Board, and made available to the other parties to the proceeding; and
(B) the other parties to the proceeding have been provided an opportunity to address the registration certificate;
(2) if the proceeding may not proceed further because a registration certificate for the work is pending, the proceeding shall be held in abeyance pending submission of the certificate to the Copyright Claims Board, except that, if the proceeding is held in abeyance for more than 1 year, the Copyright Claims Board may, upon providing written notice to the parties to the proceeding, and 30 days to the parties to respond to the notice, dismiss the proceeding without prejudice; and
(3) if the Copyright Claims Board receives notice that registration with respect to the work has been refused, the proceeding shall be dismissed without prejudice.
(c) Presumption.—
In a case in which a registration certificate shows that registration with respect to a work was issued not later than 5 years after the date of the first publication of the work, the presumption under section 410(c) shall apply in a proceeding before the Copyright Claims Board, in addition to relevant principles of law under this title.
(d) Regulations.—
In order to ensure that actions before the Copyright Claims Board proceed in a timely manner, the Register of Copyrights shall establish regulations allowing the Copyright Office to make a decision, on an expedited basis, to issue or deny copyright registration for an unregistered work that is at issue before the Board.
(Added Pub. L. 116–260, div. Q, title II, § 212(b), Dec. 27, 2020, 134 Stat. 2184.)
17 U.S.C. § 1509 (COPYRIGHTS)
§ 1509. Relationship to other district court actions
(a) Stay of District Court Proceedings.—
Subject to section 1507(b), a district court of the United States shall issue a stay of proceedings or such other relief as the court determines appropriate with respect to any claim brought before the court that is already the subject of a pending or active proceeding before the Copyright Claims Board.
(b) Alternative Dispute Resolution Process.—
A proceeding before the Copyright Claims Board under this chapter shall qualify as an alternative dispute resolution process under section 651 of title 28 for purposes of referral of eligible cases by district courts of the United States upon the consent of the parties.
(Added Pub. L. 116–260, div. Q, title II, § 212(b), Dec. 27, 2020, 134 Stat. 2198.)