dreamproit/uscode huggingface dataset:
16 U.S.C. § 1375a (CONSERVATION)
§ 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses
On and after November 29, 1999, all fines collected by the United States Fish and Wildlife Service for violations of the Marine Mammal Protection Act (16 U.S.C. 1362–1407) and implementing regulations shall be available to the Secretary, without further appropriation, to be used for the expenses of the United States Fish and Wildlife Service in administering activities for the protection and recovery of manatees, polar bears, sea otters, and walruses, and shall remain available until expended.
(Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–139.)
heading: Editorial Notes
heading: References in Text
text: The Marine Mammal Protection Act, referred to in text, probably means the Marine Mammal Protection Act of 1972, Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2000, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.
16 U.S.C. § 1421a (CONSERVATION)
§ 1421a. Determination; data collection and dissemination
(a) Determination for release
The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, develop objective criteria, after an opportunity for public review and comment, to provide guidance for determining at what point a rehabilitated marine mammal is releasable to the wild.
(b) Collection
The Secretary shall, in consultation with the Secretary of the Interior, collect and update, periodically, existing information on—
(1) procedures and practices for—
(A) rescuing and rehabilitating stranded marine mammals, including criteria used by stranding network participants, on a species-by-species basis, for determining at what point a marine mammal undergoing rescue and rehabilitation is returnable to the wild; and
(B) collecting, preserving, labeling, and transporting marine mammal tissues for physical, chemical, and biological analyses;
(2) appropriate scientific literature on marine mammal health, disease, and rehabilitation;
(3) strandings, which the Secretary shall compile and analyze, by region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals; and
(4) other life history and reference level data, including marine mammal tissue analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.
(c) Availability
The Secretary shall make information collected under this section available to stranding network participants and other qualified scientists.
(Pub. L. 92–522, title IV, § 402, formerly title III, § 302, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 402, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565.)
heading: Statutory Notes and Related Subsidiaries
heading: Implementation
text: Pub. L. 102–587, title III, § 3003(b), Nov. 4, 1992, 106 Stat. 5066, provided that:
“The Secretary of Commerce shall—
“(1) in accordance with section 302(a) and (b) [now 402(a), (b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421a(a), (b)], as amended by this Act, and not later than 24 months after the date of enactment of this Act [Nov. 4, 1992]—
“(A) develop and implement objective criteria to determine at what point a marine mammal undergoing rehabilitation is returnable to the wild; and
“(B) collect and make available information on marine mammal health and health trends; and
“(2) in accordance with section 304(b) [now 404(b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421c(b)], as amended by this Act, issue a detailed contingency plan for responding to any unusual mortality event—
“(A) in proposed form by not later than 18 months after the date of enactment of this Act; and
“(B) in final form by not later than 24 months after the date of enactment of this Act.”
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: Editorial Notes
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: Editorial Notes
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. § 1421g (CONSERVATION)
§ 1421g. Authorization of appropriations
There is authorized to be appropriated—
(1) to the Secretary for carrying out this subchapter (other than sections 1421d and 1421f of this title) $250,000 for each of fiscal years 1993 and 1994;
(2) to the Secretary for carrying out section 1421f of this title, $250,000 for each of fiscal years 1993 and 1994; and
(3) to the Fund, $500,000 for fiscal year 1993.
(Pub. L. 92–522, title IV, § 409, formerly title III, § 308, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5066; renumbered title IV, § 408, and amended Pub. L. 103–238, § 24(b), (c)(5), (6), Apr. 30, 1994, 108 Stat. 565, 566; renumbered § 409, Pub. L. 106–555, title II, § 202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)
heading: Editorial Notes
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–238, § 24(c)(5), made technical amendment to references to sections 1421d and 1421f of this title to reflect renumbering of corresponding sections of original act.
Par. (2). Pub. L. 103–238, § 24(c)(6), made technical amendment to reference to section 1421f of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 1421h (CONSERVATION)
§ 1421h. Definitions
In this subchapter, the following definitions apply:
(1) The term “Fund” means the Marine Mammal Unusual Mortality Event Fund established by section 1421d(a) of this title.
(2) The term “Office” means the Office of Protected Resources, in the National Marine Fisheries Service.
(3) The term “stranding” means an event in the wild in which—
(A) a marine mammal is dead and is—
(i) on a beach or shore of the United States; or
(ii) in waters under the jurisdiction of the United States (including any navigable waters); or
(B) a marine mammal is alive and is—
(i) on a beach or shore of the United States and unable to return to the water;
(ii) on a beach or shore of the United States and, although able to return to the water, is in need of apparent medical attention; or
(iii) in the waters under the jurisdiction of the United States (including any navigable waters), but is unable to return to its natural habitat under its own power or without assistance.
(4) The term “stranding network participant” means a person who is authorized by an agreement under section 1382(c) of this title to take marine mammals as described in section 1379(h)(1) of this title in response to a stranding.
(5) The term “Tissue Bank” means the National Marine Tissue Bank provided for under section 1421f(a) of this title.
(6) The term “unusual mortality event” means a stranding that—
(A) is unexpected;
(B) involves a significant die-off of any marine mammal population; and
(C) demands immediate response.
(Pub. L. 92–522, title IV, § 410, formerly title III, § 309, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5066; renumbered title IV, § 409, and amended Pub. L. 103–238, § 24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565, 566; renumbered § 410, Pub. L. 106–555, title II, § 202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)
heading: Editorial Notes
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–238, § 24(c)(7), made technical amendment to reference to section 1421d(a) of this title to reflect renumbering of corresponding section of original act.
Par. (5). Pub. L. 103–238, § 24(c)(8), made technical amendment to reference to section 1421f(a) of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 1445c–1 (CONSERVATION)
§ 1445c–1. Dr. Nancy Foster Scholarship Program
(a) Establishment
The Secretary of Commerce shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in marine biology, oceanography, or maritime archaeology, including the curation, preservation, and display of maritime artifacts, to be known as “Dr. Nancy Foster Scholarships”.
(b) Purpose
The purpose of the Dr. Nancy Foster Scholarship Program is to recognize outstanding scholarship in marine biology, oceanography, or maritime archaeology, particularly by women and members of minority groups, and encourage independent graduate level research in such fields of study.
(c) Award
Each Dr. Nancy Foster Scholarship award—
(1) shall be used to support a candidate’s graduate studies in marine biology, oceanography, or maritime archaeology at a sponsoring institution; and
(2) shall be made available to individual candidates in accordance with guidelines issued by the Secretary.
(d) Distribution of funds
The amount of each Dr. Nancy Foster Scholarship shall be provided directly to each recipient selected by the Secretary upon receipt of certification that the recipient will adhere to a specific and detailed plan of study and research approved by the sponsoring institution.
(e) Funding
The Secretary shall make 1 percent of the amount appropriated each fiscal year to carry out the National Marine Sanctuaries Act [16 U.S.C. 1431 et seq.] available for Dr. Nancy Foster Scholarships.
(f) Scholarship repayment requirement
Repayment of the award shall be made to the Secretary in the case of fraud or noncompliance.
(Pub. L. 106–553, § 1(a)(2) [title II, § 210], Dec. 21, 2000, 114 Stat. 2762, 2762A–79.)
heading: Editorial Notes
heading: References in Text
text: The National Marine Sanctuaries Act, referred to in subsec. (e), is title III of Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1061, as amended, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables.
heading: Codification
text: For similar provisions relating to the Dr. Nancy Foster Scholarship Program, see section 1445c of this title.
Section was enacted as part of the Department of Commerce and Related Agencies Appropriations Act, 2001, and also as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, and not as part of the National Marine Sanctuaries Act which comprises this chapter.
16 U.S.C. § 1466 (CONSERVATION)
§ 1466. Appeals relating to offshore mineral development
For any Federal administrative agency proceeding that is an appeal or review under section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465) related to any Federal authorization for the permitting, approval, or other authorization of an energy project, the lead Federal permitting agency for the project shall, with the cooperation of Federal and State administrative agencies, maintain a consolidated record of all decisions made or actions taken by the lead agency or by another Federal or State administrative agency or officer. Such record shall be the initial record for appeals or reviews under that Act, provided that the record may be supplemented as expressly provided pursuant to section 319 of that Act.
(Pub. L. 109–58, title III, § 382, Aug. 8, 2005, 119 Stat. 738.)
heading: Editorial Notes
heading: References in Text
text: The Coastal Zone Management Act of 1972, referred to in text, is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to this chapter (§ 1451 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1451 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 2005, and not as part of the Coastal Zone Management Act of 1972 which comprises this chapter.
16 U.S.C. § 1543 (CONSERVATION)
§ 1543. Construction with Marine Mammal Protection Act of 1972
Except as otherwise provided in this chapter, no provision of this chapter shall take precedence over any more restrictive conflicting provision of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.].
(Pub. L. 93–205, § 17, Dec. 28, 1973, 87 Stat. 903.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The Marine Mammal Protection Act of 1972, referred to in text, is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.
16 U.S.C. § 1607 (CONSERVATION)
§ 1607. National Forest System renewable resources; development and administration by Secretary in accordance with multiple use and sustained yield concepts for products and services; target year for operational posture of resources; budget requests
The Secretary shall take such action as will assure that the development and administration of the renewable resources of the National Forest System are in full accord with the concepts for multiple use and sustained yield of products and services as set forth in the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528–531]. To further these concepts, the Congress hereby sets the year 2030 as the target year when the renewable resources of the National Forest System shall be in an operating posture whereby all backlogs of needed treatment for their restoration shall be reduced to a current basis and the major portion of planned intensive multiple-use sustained-yield management procedures shall be installed and operating on an environmentally-sound basis. The annual budget shall contain requests for funds for an orderly program to eliminate such backlogs: Provided, That when the Secretary finds that (1) the backlog of areas that will benefit by such treatment has been eliminated, (2) the cost of treating the remainder of such area exceeds the economic and environmental benefits to be secured from their treatment, or (3) the total supplies of the renewable resources of the United States are adequate to meet the future needs of the American people, the budget request for these elements of restoration may be adjusted accordingly.
(Pub. L. 93–378, § 9, formerly § 8, Aug. 17, 1974, 88 Stat. 479, renumbered § 9, Pub. L. 94–588, § 2, Oct. 22, 1976, 90 Stat. 2949; amended Pub. L. 115–141, div. O, title II, § 208(b)(2), Mar. 23, 2018, 132 Stat. 1066; Pub. L. 117–58, div. G, title III, § 70302(a)(2), Nov. 15, 2021, 135 Stat. 1260.)
heading: Editorial Notes
heading: References in Text
text: The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables.
heading: Amendments
text: 2021—Pub. L. 117–58 substituted “year 2030” for “year 2000”.
2018—Pub. L. 115–141 substituted “Secretary shall take” for “Secretary of Agriculture shall take”.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1601 of this title.
16 U.S.C. § 1612 (CONSERVATION)
§ 1612. Public participation
(a) Adequate notice and opportunity to comment
In exercising his authorities under this subchapter and other laws applicable to the Forest Service, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest Service programs.
(b) Advisory boards
In providing for public participation in the planning for and management of the National Forest System, the Secretary, pursuant to the Federal Advisory Committee Act (86 Stat. 770) and other applicable law, shall establish and consult such advisory boards as he deems necessary to secure full information and advice on the execution of his responsibilities. The membership of such boards shall be representative of a cross section of groups interested in the planning for and management of the National Forest System and the various types of use and enjoyment of the lands thereof.
(Pub. L. 93–378, § 14, as added Pub. L. 94–588, § 11, Oct. 22, 1976, 90 Stat. 2958.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (b), 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: Statutory Notes and Related Subsidiaries
heading: Forest Service Decisionmaking and Appeals Reform
text: Pub. L. 102–381, title III, § 322, Oct. 5, 1992, 106 Stat. 1419, which provided for the establishment of a notice and comment process for proposed actions of the Forest Service relating to certain land and resource management projects and required modification of the procedure for appeals of decisions concerning such projects, was repealed by Pub. L. 113–79, title VIII, § 8006(a), Feb. 7, 2014, 128 Stat. 913.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1601 of this title.