dreamproit/uscode huggingface dataset:
16 U.S.C. § 4265a (CONSERVATION)
§ 4265a. Advisory group
(a) In general
To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of Asian elephants.
(b) Public participation
(1) Meetings
The Advisory Group shall—
(A) ensure that each meeting of the advisory group is open to the public; and
(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.
(2) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group.
(3) Minutes
Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.
(c) Exemption from Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.
(Pub. L. 105–96, § 7, as added Pub. L. 107–141, § 4, Feb. 12, 2002, 116 Stat. 13.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 7 of Pub. L. 105–96 was renumbered section 8 and is classified to section 4266 of this title.
16 U.S.C. § 4266 (CONSERVATION)
§ 4266. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2019 through 2023 to carry out this chapter, which may remain available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(Pub. L. 105–96, § 8, formerly § 7, Nov. 19, 1997, 111 Stat. 2153; renumbered § 8 and amended Pub. L. 107–141, §§ 2–4, Feb. 12, 2002, 116 Stat. 13; Pub. L. 110–133, § 2(b), (c), Dec. 6, 2007, 121 Stat. 1362; Pub. L. 116–9, title VII, § 7001(c)(1)(B), Mar. 12, 2019, 133 Stat. 784.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–9 substituted “2019 through 2023” for “2007 through 2012”.
2007—Subsec. (a). Pub. L. 110–133, § 2(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–133, § 2(b), substituted “$100,000” for “$80,000”.
2002—Pub. L. 107–141, § 3, designated existing provisions as subsec. (a), inserted heading, substituted “There is authorized” for “There are authorized”, and added subsec. (b).
Pub. L. 107–141, § 2, substituted “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1998, 1999, 2000, 2001, and 2002”.
16 U.S.C. § 4302 (CONSERVATION)
§ 4302. Definitions
For purposes of this chapter:
(1) Cave
The term “cave” means any naturally occurring void, cavity, recess, or system of interconnected passages which occurs beneath the surface of the earth or within a cliff or ledge (including any cave resource therein, but not including any vug, mine, tunnel, aqueduct, or other manmade excavation) and which is large enough to permit an individual to enter, whether or not the entrance is naturally formed or manmade. Such term shall include any natural pit, sinkhole, or other feature which is an extension of the entrance.
(2) Federal lands
The term “Federal lands” means lands the fee title to which is owned by the United States and administered by the Secretary of Agriculture or the Secretary of the Interior.
(3) Indian lands
The term “Indian lands” means lands of Indian tribes or Indian individuals which are either held in trust by the United States for the benefit of an Indian tribe or subject to a restriction against alienation imposed by the United States.
(4) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims settlement 1 Act (43 U.S.C. 1601 et seq.).
(5) Cave resource
The term “cave resource” includes any material or substance occurring naturally in caves on Federal lands, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems.
(6) Secretary
The term “Secretary” means the Secretary of Agriculture or the Secretary of the Interior, as appropriate.
(7) Speleothem
The term “speleothem” means any natural mineral formation or deposit occurring in a cave or lava tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or mud.
(8) Speleogen
The term “speleogen” means relief features on the walls, ceiling, and floor of any cave or lava tube which are part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves.
(Pub. L. 100–691, § 3, Nov. 18, 1988, 102 Stat. 4546.)
heading: Editorial Notes
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
16 U.S.C. § 4406 (CONSERVATION)
§ 4406. Amounts available to carry out this chapter
(a) Omitted
(b) Migratory bird fines, penalties, forfeitures
The sums received under section 707 of this title as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title. This subsection shall not be construed to require the sale of instrumentalities.
(c) Authorization of appropriations
In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title not to exceed $60,000,000 for each of fiscal years 2021 through 2025.
(d) Availability of funds
Sums made available under this section shall be available until expended.
(Pub. L. 101–233, § 7, Dec. 13, 1989, 103 Stat. 1974; Pub. L. 103–375, § 4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105–312, title III, § 302, Oct. 30, 1998, 112 Stat. 2958; Pub. L. 106–553, § 1(a)(2) [title IX, § 902(i)], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; Pub. L. 107–308, § 5, Dec. 2, 2002, 116 Stat. 2447; Pub. L. 109–322, § 2, Oct. 11, 2006, 120 Stat. 1756; Pub. L. 116–188, title I, § 106, Oct. 30, 2020, 134 Stat. 917.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 7 of Pub. L. 101–233. Subsec. (a) of section 7 of Pub. L. 101–233 amended sections 669b and 669c of this title and enacted provisions set out as a note under section 669b of this title.
heading: Amendments
text: 2020—Subsec. (c). Pub. L. 116–188 substituted “not to exceed $60,000,000 for each of fiscal years 2021 through 2025.” for “not to exceed—” and pars. (1) to (5), authorizing appropriations for fiscal years 2003 through 2006 and fiscal years 2008 through 2012.
2006—Subsec. (c)(5). Pub. L. 109–322 substituted “each of fiscal years 2008 through 2012” for “fiscal year 2007”.
2002—Subsec. (c). Pub. L. 107–308 substituted “not to exceed—” and pars. (1) to (5) for “not to exceed $50,000,000 for each of fiscal years 1999 through 2003.”
2000—Subsec. (c). Pub. L. 106–553 substituted “$50,000,000” for “$30,000,000”.
1998—Subsec. (c). Pub. L. 105–312 substituted “not to exceed $30,000,000 for each of fiscal years 1999 through 2003.” for “not to exceed $20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998.”
1994—Subsec. (c). Pub. L. 103–375 substituted “$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998” for “$15,000,000 for each of fiscal years 1991, 1992, 1993, and 1994”.
16 U.S.C. § 4411 (CONSERVATION)
§ 4411. Relationship to other authorities
(a) Acquisition of lands and waters
Nothing in this chapter affects, alters, or modifies the Secretary’s authorities, responsibilities, obligations, or powers to acquire lands or waters or interests therein under any other statute.
(b) Mitigation
The Federal funds made available under this chapter and section 669b(b) of this title may not be used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) or the Water Resources Development Act of 1986, Public Law 99–662 (1986), 100 Stat. 4235.
(Pub. L. 101–233, § 12, Dec. 13, 1989, 103 Stat. 1977.)
heading: Editorial Notes
heading: References in Text
text: The Fish and Wildlife Coordination Act, referred to in subsec. (b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
The Water Resources Development Act of 1986, referred to in subsec. (b), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of Title 33, Navigation and Navigable Waters, and Tables.
16 U.S.C. § 4728 (CONSERVATION)
§ 4728. Brown tree snake control program
The Task Force shall, within the program developed under subsection (a),1 undertake a comprehensive, environmentally sound program in coordination with regional, territorial, State and local entities to control the brown tree snake (Boiga irregularis) in Guam and other areas where the species is established outside of its historic range.
(Pub. L. 101–646, title I, § 1209, Nov. 29, 1990, 104 Stat. 4772; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1209, which enacted this section.
16 U.S.C. § 5103 (CONSERVATION)
§ 5103. State-Federal cooperation in Atlantic coastal fishery management
(a) Federal support for State coastal fisheries programs
The Secretary in cooperation with the Secretary of the Interior shall develop and implement a program to support the interstate fishery management efforts of the Commission. The program shall include activities to support and enhance State cooperation in collection, management, and analysis of fishery data; law enforcement; habitat conservation; fishery research, including biological and socioeconomic research; and fishery management planning.
(b) Federal regulation in exclusive economic zone
(1) In the absence of an approved and implemented fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and after consultation with the appropriate Councils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are—
(A) compatible with the effective implementation of a coastal fishery management plan; and
(B) consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851).
The regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regulations issued by the Secretary to implement an approved fishery management plan prepared by the appropriate Councils or the Secretary under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations issued by the Secretary under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management 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 issued under this subsection as if such regulations were issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(Pub. L. 103–206, title VIII, § 804, Dec. 20, 1993, 107 Stat. 2449; Pub. L. 104–297, title IV, § 404(b), Oct. 11, 1996, 110 Stat. 3619; Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. 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: 2000—Subsec. (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery” wherever appearing.
1996—Subsec. (b)(1)(A). Pub. L. 104–297 substituted “compatible with” for “necessary to support”.
16 U.S.C. § 5107a (CONSERVATION)
§ 5107a. State permits valid in certain waters
(a) Permits
Notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), this chapter, or any requirement of a fishery management plan or coastal fishery management plan to the contrary, a person holding a valid license issued by the State of Maine which lawfully permits that person to engage in commercial fishing for American lobster may, with the approval of the State of Maine, engage in commercial fishing for American lobster in the following areas designated as Federal waters, if such fishing is conducted in such waters in accordance with all other applicable Federal and State regulations:
(1) west of Monhegan Island in the area located north of the line 43° 42′ 08′′ N, 69° 34′ 18′′ W and 43° 42′ 15′′ N, 69° 19′ 18′′ W;
(2) east of Monhegan Island in the area located west of the line 43° 44′ 00′′ N, 69° 15′ 05′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W;
(3) south of Vinalhaven in the area located west of the line 43° 52′ 21′′ N, 68° 39′ 54′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W; and
(4) south of Bois Bubert Island in the area located north of the line 44° 19′ 15′′ N, 67° 49′ 30′′ W and 44° 23′ 45′′ N, 67° 40′ 33′′ W.
(b) Enforcement
The exemption from Federal fishery permitting requirements granted by subsection (a) may be revoked or suspended by the Secretary in accordance with section 308(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(g)) for violations of such Act or this chapter.
(Pub. L. 103–206, title VIII, § 809, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3619; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
This chapter, referred to in subsec. (b), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of Pub. L. 103–206, Dec. 20, 1993, 107 Stat. 2447, which is classified principally to this chapter. For complete classification of title VIII to the Code, see Short Title note set out under section 5101 of this title and Tables.
heading: Prior Provisions
text: A prior section 809 of Pub. L. 103–206 was renumbered section 811, and is classified to section 5108 of this title.
heading: Amendments
text: 2000—Subsecs. (a), (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
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: Editorial Notes
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. § 5305c (CONSERVATION)
§ 5305c. Advisory group
(a) In general
To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of rhinoceros and tiger species.
(b) Public participation
(1) Meetings
The Advisory Group 1 shall—
(A) ensure that each meeting of the advisory group is open to the public; and
(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.
(2) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group.
(3) Minutes
Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.
(c) Exemption from Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.
(Pub. L. 103–391, § 9, as added Pub. L. 107–112, § 4, Jan. 8, 2002, 115 Stat. 2097.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 9 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 of this title.
16 U.S.C. § 5306 (CONSERVATION)
§ 5306. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2019 through 2023 to carry out this chapter, to remain available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(Pub. L. 103–391, § 10, formerly § 7, Oct. 22, 1994, 108 Stat. 4097; renumbered § 9 and amended Pub. L. 105–312, title IV, §§ 405(1), 407, Oct. 30, 1998, 112 Stat. 2960, 2961; renumbered § 10 and amended Pub. L. 107–112, §§ 2–4, Jan. 8, 2002, 115 Stat. 2097; Pub. L. 110–132, § 3(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, § 7001(c)(1)(C), Mar. 12, 2019, 133 Stat. 784.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–9 substituted “2019 through 2023” for “2007 through 2012”.
2007—Subsec. (a). Pub. L. 110–132, § 3(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–132, § 3(b), substituted “$100,000” for “$80,000”.
2002—Pub. L. 107–112, §§ 2, 3, designated existing provisions as subsec. (a), inserted heading, substituted “is authorized” for “are authorized” and “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1996 through 2002”, and added subsec. (b).
1998—Pub. L. 105–312, § 407, substituted “1996 through 2002” for “1996, 1997, 1998, 1999, and 2000”.
16 U.S.C. § 5501 (CONSERVATION)
§ 5501. Purpose
It is the purpose of this chapter—
(1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.
(Pub. L. 104–43, title I, § 102, Nov. 3, 1995, 109 Stat. 367.)except for Pub. L. 117-58.
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 I of Pub. L. 104–43, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 104–43, title I, § 111, Nov. 3, 1995, 109 Stat. 376, provided that: “This title [enacting this chapter] shall take effect 120 days after the date of enactment of this Act [Nov. 3, 1995].”
heading: Short Title
text: Pub. L. 104–43, § 1, Nov. 3, 1995, 109 Stat. 366, provided that: “This Act [enacting this chapter, chapters 76 (§ 5601 et seq.) and 77 (§ 5701 et seq.) of this title, sections 971j, 971k, and 1826d to 1826g of this title, and sections 1980a and 1980b of Title 22, Foreign Relations and Intercourse, amending sections 971, 971b, 971c to 971e, 971h, 971i, 973g, 1383a, and 5002 of this title and section 1977 of Title 22, enacting provisions set out as notes under this section, sections 971, 971c, 1383a, 1801, 1821, 1823, 1826d, 5601, and 5701 of this title, and section 1980a of Title 22, and amending provisions set out as a note under section 1823 of this title] may be cited as the ‘Fisheries Act of 1995’.”
Pub. L. 104–43, title I, § 101, Nov. 3, 1995, 109 Stat. 367, provided that: “This title [enacting this chapter] may be cited as the ‘High Seas Fishing Compliance Act of 1995’.”