16 USC 619. Emergency stumpage rate redeterminations in Alaska
TITLE 16 -- CONSERVATION
(a) Application; applicable period
Emergency stumpage rate redetermination shall be made upon the
written application of the purchaser of National Forest timber in
Alaska, bid after January 1, 1974, and rates established as a result
thereof shall be effective for timber scaled during a period between
January 1, 1981, and five years from October 16, 1984.
(b) Competitive effect of modification of contracts
In making the emergency rate redeterminations the Secretary may
modify existing contract terms, including the amount of the bid premium,
in order to provide rates which will permit the holders of contracts bid
after January 1, 1974, to be competitive with other purchasers of
National Forest timber.
(c) Excepted contracts
The provisions of this section shall not apply to contracts held by
the holders of 50-year timber sale contracts in Alaska.
(Pub. L. 98-478, 4, Oct. 16, 1984, 98 Stat. 2217.)
16 USC 620. Findings and purposes
TITLE 16 -- CONSERVATION
(a) Findings
The Congress makes the following findings:
(1) Timber is essential to the United States.
(2) Forests, forest resources, and the forest environment are
exhaustible natural resources that require efficient and effective
conservation efforts.
(3) In the interest of conserving those resources, the United States
has set aside millions of acres of otherwise harvestable timberlands in
the western United States, representing well over 100,000,000,000 board
feet of otherwise harvestable timber.
(4) In recent years, administrative, statutory, or judicial action
has been taken to set aside an increased amount of otherwise harvestable
timberlands for conservation purposes.
(5) In the next few months and years, additional amounts of otherwise
harvestable timberlands may be set aside for conservation purposes,
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Forest Management Act of 1976, or other expected
statutory, administrative, and judicial actions.
(6) There is evidence of a shortfall in the supply of unprocessed
timber in the western United States.
(7) There is reason to believe that any shortfall which may already
exist may worsen unless action is taken.
(8) In conjunction with the broad conservation actions expected in
the next few months and years, conservation action is necessary with
respect to exports of unprocessed timber.
(b) Purposes
The purposes of sections 620 to 620j of this title are --
(1) to promote the conservation of forest resources in conjunction
with State and Federal resources management plans, and other actions or
decisions, affecting the use of forest resources;
(2) to take action essential for the acquisition and distribution of
forest resources or products in short supply in the western United
States;
(3) to take action necessary, to meet the goals of Article XI 2.(a)
of the General Agreement on Tariffs and Trade, to ensure sufficient
supplies of certain forest resources or products which are essential to
the United States;
(4) to continue and refine the existing Federal policy of restricting
the export of unprocessed timber harvested from Federal lands in the
western United States; and
(5) to effect measures aimed at meeting these objectives in
conformity with the obligations of the United States under the General
Agreement on Tariffs and Trade.
(Pub. L. 101-382, title IV, 488, Aug. 20, 1990, 104 Stat. 714.)
The Endangered Species Act of 1973, referred to in subsec. (a)(5),
is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 ( 1531 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1531 of this title and Tables.
The National Forest Management Act of 1976, referred to in subsec.
(a)(5), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended,
which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title,
amended sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of
this title, repealed sections 476, 513, and 514 of this title, and
enacted provisions set out as notes under sections 476, 513, 528, 594-2,
and 1600 of this title. For complete classification of this Act to the
Code, see Short Title of 1976 Amendment note set out under section 1600
of this title and Tables.
Sections 620 to 620j of this title, referred to in subsec. (b), was
in the original ''this title'', meaning title IV of Pub. L. 101-382,
Aug. 20, 1990, 104 Stat. 714, which enacted sections 620 to 620j of
this title and provisions set out as notes below. For complete
classification of this Act to the Code, see Short Title note below and
Tables.
Section 494 of title IV of Pub. L. 101-382 provided that: ''Except
as otherwise provided in this title, the provisions of this title
(enacting this section and sections 620a to 620j of this title and
provisions set out as a note below) take effect on the date of the
enactment of this Act (Aug. 20, 1990).''
Section 487 of title IV of Pub. L. 101-382 provided that: ''This
title (enacting this section and sections 620a to 620j of this title and
provisions set out as a note above) may be cited as the 'Forest
Resources Conservation and Shortage Relief Act of 1990'.''
16 USC 620a. Restrictions on exports of unprocessed timber originating
from Federal lands
TITLE 16 -- CONSERVATION
(a) Prohibition on export of unprocessed timber originating from
Federal lands
No person who acquires unprocessed timber originating from Federal
lands west of the 100th meridian in the contiguous 48 States may export
such timber from the United States, or sell, trade, exchange, or
otherwise convey such timber to any other person for the purpose of
exporting such timber from the United States, unless such timber has
been determined under subsection (b) of this section to be surplus to
the needs of timber manufacturing facilities in the United States.
(b) Surpluses
(1) Determinations by Secretary concerned
The prohibition contained in subsection (a) of this section shall not
apply to specific quantities of grades and species of unprocessed timber
originating from Federal lands which the Secretary concerned determines
to be surplus to domestic manufacturing needs.
(2) Procedures
Any determination under paragraph (1) shall be made in regulations
issued in accordance with section 553 of title 5. Any such
determination shall be reviewed at least once in every 3-year period.
The Secretary concerned shall publish notice of such review in the
Federal Register, and shall give the public an opportunity to comment on
such review.
(Pub. L. 101-382, title IV, 489, Aug. 20, 1990, 104 Stat. 715.)
16 USC 620b. Limitations on substitution of unprocessed Federal timber
for unprocessed timber exported from private lands
TITLE 16 -- CONSERVATION
(a) Direct substitution
(1) Except as provided in subsection (c) of this section, no person
may purchase directly from any department or agency of the United States
unprocessed timber originating from Federal lands west of the 100th
meridian in the contiguous 48 States if --
(A) such unprocessed timber is to be used in substitution for
exported unprocessed timber originating from private lands; or
(B) such person has, during the preceding 24-month period, exported
unprocessed timber originating from private lands.
(2) Notwithstanding paragraph (1) --
(A) Federal timber purchased pursuant to a contract entered into
between the purchaser and the Secretary concerned before the date on
which regulations to carry out this subsection are issued under section
620f of this title shall be governed by the regulations of the Secretary
concerned in effect before such date that restrict the substitution of
unprocessed timber originating from Federal lands for exported timber
originating from private lands;
(B) in the 1-year period beginning on August 20, 1990, any person who
operates under a Cooperative Sustained Yield Unit Agreement, and who has
an historic export quota shall be limited to entering into contracts
under such a quota to a volume equal to not more than 66 percent of the
person's historic export quota used during fiscal year 1989;
(C) a person referred to in subparagraph (B) shall reduce the
person's remaining substitution volume by an equal amount each year
thereafter such that no volume is substituted under such a quota in
fiscal year 1995 or thereafter; and
(D) the 24-month period referred to in paragraph (1)(B) shall not
apply to any person who --
(i) before August 20, 1990, has, under an historic export quota
approved by the Secretary concerned, purchased unprocessed timber
originating from Federal lands west of the 100th meridian in the
contiguous 48 States in substitution for exported unprocessed timber
originating from private lands;
(ii) certifies to the Secretary concerned, within 3 months after
August 20, 1990, that the person will, within 6 months after August 20,
1990, cease exporting unprocessed timber originating from private lands;
and
(iii) ceases exports in accordance with such certification.
(b) Indirect substitution
(1) In general
Except as provided in paragraph (2), no person may, beginning 21 days
after August 20, 1990, purchase from any other person unprocessed timber
originating from Federal lands west of the 100th meridian in the
contiguous 48 States if such person would be prohibited from purchasing
such timber directly from a department or agency of the United States.
Acquisitions of western red cedar which are domestically processed into
finished products to be sold into domestic or international markets are
exempt from the prohibition contained in this paragraph.
(2) Exceptions
(A) The Secretary of Agriculture shall, as soon as practicable but
not later than 9 months after August 20, 1990, establish, by rule, a
limited amount of unprocessed timber originating from Federal lands
described in subparagraph (B) which may be purchased by a person
otherwise covered by the prohibition contained in paragraph (1). Such
limit shall equal --
(i) the amount of such timber acquired by such person, based on the
higher of the applicant's actual timber purchasing receipts or the
appropriate Federal agency's records, during fiscal years 1988, 1989,
and 1990, divided by 3, or
(ii) 15 million board feet,
whichever is less, except that such limit shall not exceed such
person's proportionate share, with respect to all persons covered under
this paragraph, of 50 million board feet.
(B) The Federal lands referred to in subparagraph (A) are Federal
lands administered by the United States Forest Service Region 6 that are
located north of the Columbia River from its mouth and east to its first
intersection with the 119th meridian, and from that point north of the
46th parallel and east.
(C) Any person may sell, trade, or otherwise exchange with any other
person the rights obtained under subparagraph (A), except that such
rights may not be sold, traded, or otherwise exchanged to persons
already in possession of such rights obtained under subparagraph (A).
(D) Federal timber purchased from Federal lands described in
subparagraph (B) pursuant to a contract entered into between the
purchaser and the Secretary of Agriculture before the date on which
regulations to carry out this subsection are issued under section 620f
of this title shall be governed by the regulations of the Secretary of
Agriculture in effect before such date that restrict the substitution of
unprocessed timber originating from Federal lands for exported timber
originating from private lands.
(c) Approval of sourcing areas
(1) In general
The prohibitions contained in subsections (a) and (b) of this section
shall not apply with respect to the acquisition of unprocessed timber
originating from Federal lands within a sourcing area west of the 100th
meridian in the contiguous 48 States approved by the Secretary concerned
under this subsection by a person who --
(A) in the previous 24 months, has not exported unprocessed timber
originating from private lands within the sourcing area; and
(B) during the period in which such approval is in effect, does not
export unprocessed timber originating from private lands within the
sourcing area.
The Secretary concerned may waive the 24-month requirement set forth
in subparagraph (A) for any person who, within 3 months after August 20,
1990, certifies that, within 6 months after August 20, 1990, such person
will, for a period of not less than 3 years, cease exporting unprocessed
timber originating from private lands within the sourcing area.
(2) Requirements for application
The Secretaries concerned shall, not later than 3 months after August
20, 1990, prescribe procedures to be used by a person applying for
approval of a sourcing area under paragraph (1). Such procedures shall
require, at a minimum, the applicant to provide --
(A) information regarding the location of private lands from which
such person has, within the previous year, harvested or otherwise
acquired unprocessed timber which has been exported from the United
States; and
(B) information regarding the location of each timber manufacturing
facility owned or operated by such person within the proposed sourcing
area boundaries at which the applicant proposes to process timber
originating from Federal lands.
The prohibition contained in subsection (a) of this section shall not
apply to a person before the date which is 1 month after the procedures
referred to in this paragraph are prescribed. With respect to any
person who submits an application in accordance with such procedures by
the end of the time period set forth in the preceding sentence, the
prohibition contained in subsection (a) of this section shall not apply
to such person before the date on which the Secretary concerned approves
or disapproves such application.
(3) Grant of approval
For each applicant, the Secretary concerned shall, on the record and
after an opportunity for a hearing, not later than 4 months after
receipt of the application for a sourcing area, either approve or
disapprove the application. The Secretary concerned may approve such
application only if the Secretary determines that the area that is the
subject of the application, in which the timber manufacturing facilities
at which the applicant desires to process timber originating from
Federal lands are located, is geographically and economically separate
from any geographic area from which that person harvests for export any
unprocessed timber originating from private lands. In making a
determination referred to in this paragraph, the Secretary concerned
shall consider equally the timber purchasing patterns, on private and
Federal lands, of the applicant as well as other persons in the same
local vicinity as the applicant, and the relative similarity of such
purchasing patterns.
(4) Denial of application
(A) Subject to subparagraph (B), and notwithstanding any other
provision of law, in the 9-month period after receiving disapproval of
an application submitted pursuant to this subsection, the applicant may
purchase unprocessed timber originating from Federal lands in the area
which is the subject of the application in an amount not to exceed 75
percent of the annual average of such person's purchases of unprocessed
timber originating from Federal lands in the same area during the 5 full
fiscal years immediately prior to submission of the application. In the
subsequent 6-month period, such person may purchase not more than 25
percent of such annual average, after which time the prohibitions
contained in subsection (a) of this section shall fully apply.
(B) If a person referred to in subparagraph (A) certifies to the
Secretary concerned, within 90 days after receiving disapproval of such
application, that such person shall, within 15 months after such
disapproval, cease the export of unprocessed timber originating from
private lands from the geographic area determined by the Secretary for
which the application would have been approved, such person may continue
to purchase unprocessed timber originating from Federal lands in the
area which is the subject of the application, without being subject to
the restrictions of subparagraph (A), except that such purchases during
that 15-month period may not exceed 125 percent of the annual average of
such person's purchases of unprocessed timber originating from Federal
lands in the same area during the 5 full fiscal years immediately prior
to submission of the application which was denied.
(C) Any person to whom subparagraph (B) applies may not, during the
15-month period after the person's application for sourcing area
boundaries is denied, export unprocessed timber originating from private
lands in the geographic area determined by the Secretary concerned for
which the application would have been approved in amounts that exceed
125 percent of the annual average of such person's exports of
unprocessed timber from such private lands during the 5 full fiscal
years immediately prior to submission of the application.
(5) Review of determinations
Determinations made under paragraph (3) shall be reviewed, in
accordance with the procedures prescribed in sections 620 to 620j of
this title, not less often than every 5 years.
(Pub. L. 101-382, title IV, 490, Aug. 20, 1990, 104 Stat. 715.)
August 20, 1990, referred to in subsec. (a)(2)(B), was in the
original ''the effective date of this title'', which is the date of
enactment of title IV of Pub. L. 101-382, approved Aug. 20, 1990,
except as otherwise provided in sections 620 to 620j of this title, see
section 494 of Pub. L. 101-382, set out as an Effective Date note under
section 620 of this title.
16 USC 620c. Restriction on exports of unprocessed timber from State
and other public lands
TITLE 16 -- CONSERVATION
(a) Order to prohibit export of unprocessed timber originating from
State or other public lands
Except as provided in subsection (e) of this section, the Secretary
of Commerce shall issue orders to prohibit the export from the United
States of unprocessed timber originating from public lands, in the
amounts specified in subsection (b) of this section.
(b) Schedule for determination to prohibit export of unprocessed
timber originating from State or other public lands
(1) States with annual sales of 400,000,000 board feet or less
With respect to States with annual sales volumes of 400,000,000 board
feet or less, the Secretary of Commerce shall issue an order referred to
in subsection (a) of this section to prohibit the export of unprocessed
timber originating from public lands not later than 21 days after August
20, 1990.
(2) States with annual sales of greater than 400,000,000 board feet
With respect to any State with an annual sales volume greater than
400,000,000 board feet, the following shall apply:
(A) The Secretary of Commerce shall issue an order referred to in
subsection (a) of this section not later than 21 days after August 20,
1990. Such order shall cover a period beginning 120 days after the
issuance of such an order, or January 1, 1991, whichever is earlier, and
shall extend to December 31, 1991. Such order shall prohibit the export
of 75 percent of the annual sales volume in such State of unprocessed
timber from public lands.
(B) For the period beginning on January 1, 1992, and ending on
December 31, 1993, the Secretary of Commerce shall, after notice and an
opportunity for a hearing, issue an order referred to in subsection (a)
of this section not later than September 30, 1991. Such order shall
prohibit the export of at least 75 percent of such State's annual sales
volume for this 2-year period.
(C) For the period beginning on January 1, 1994, and ending on
December 31, 1995, the Secretary of Commerce shall, after notice and an
opportunity for a hearing, issue an order referred to in subsection (a)
of this section not later than September 30, 1993. Such order shall
prohibit the export of at least 75 percent of such State's annual sales
volume for this 2-year period.
(D) For all periods on or after January 1, 1996, the Secretary of
Commerce shall issue an order referred to in subsection (a) of this
section not later than September 30, 1995. Such order shall prohibit
the export of the lesser of 400,000,000 board feet or the total annual
sales volume.
(3) Report to Congress
Not later than June 1, 1995, the Secretary of Commerce, in
conjunction with the Secretaries of Agriculture and Interior, shall
issue a report to the Congress on the effects of the reallocation, as a
result of the enactment of sections 620 to 620j of this title, of public
lands timber resources to the domestic timber processing sector, the
ability of the domestic timber processing sector to meet domestic demand
for forest products, the volume of transshipment of timber originating
from public lands across State borders, the effectiveness of rules
issued and administered by States pursuant to sections 620 to 620j of
this title, and trends in growth and productivity in the domestic timber
processing sector.
(c) Basis for increase in volume prohibited from export
The Secretary of Commerce may increase the amount of unprocessed
timber to be prohibited from export above the minimum amount specified
in subsection (b)(2)(B) and (C) of this section, based on a
determination that the purposes of sections 620 to 620j of this title
have not been adequately met and that such an increase would further the
purposes of sections 620 to 620j of this title. In making this
determination, the Secretary shall consider --
(1) actions or decisions taken, for the purpose of conserving or
protecting exhaustible natural resources in the United States, which
have affected the use or availability of forest products;
(2) whether the volume of timber from public lands that is under
contract has increased or decreased by an amount greater than 20 percent
within the previous 12 months; and
(3) the probable effects of unprocessed timber exports on the ability
of timber mills to acquire unprocessed timber.
(d) Administrative provisions
(1) Delay of Secretary's order
In the event that any order of the Secretary of Commerce under
subsection (a) of this section or its implementation is delayed for any
reason, the prohibitions on exports under subsection (b) of this section
to which such order would apply shall apply in the absence of such
order.
(2) Administration by States
Each State shall determine the species, grade, and geographic origin
of unprocessed timber to be prohibited from export under subsection (b)
of this section and shall administer such prohibitions consistent with
the intent of sections 620 to 620j of this title and ensure that the
species, grades, and geographic origin of unprocessed timber prohibited
from export is representative of the species, grades, and geographic
origin of timber comprising such State's total timber sales program.
The State is authorized to cooperate with Federal and State agencies
with appropriate jurisdiction to further the intent of sections 620 to
620j of this title.
(3) State regulations
(A) Except for States with annual sales of 400,000,000 board feet or
less upon August 20, 1990, the Governor of each State to which sections
620 to 620j of this title applies, or such other State official as the
Governor may designate, shall, within 120 days after August 20, 1990,
issue regulations to carry out the purposes of this section, the
promulgation of which shall be consistent with section 553 of title 5.
Such regulations in each State shall remain in effect until such time as
the legislature of that State enacts such requirements as it deems
appropriate to carry out this section. Before issuing such regulations,
the Governor shall enter into formal consultation, concerning such
regulations, with appropriate State officials and with a State Board of
Natural Resources where such a board exists. When formulating
regulations under this paragraph, the Governor shall take into account
the intent of sections 620 to 620j of this title to effect a net
increase in domestic processing of timber harvested from public lands
consistent with all orders issued by the Secretary of Commerce under
subsection (a) of this section.
(B) The Governor of each State with annual sales of 400,000,000 board
feet or less upon August 20, 1990, or such other State official as the
Governor may designate, shall, within 120 days after August 20, 1990,
issue regulations to carry out the purposes of this section. Until such
regulations are issued in a State, the prohibitions contained in
subsections (a) and (b) of section 620b of this title shall apply to
unprocessed timber originating from public lands in that State to the
same extent as such prohibitions apply to unprocessed timber originating
from Federal lands, except that the provisions of subsection (c) of such
section shall not apply.
(4) Prior contracts
Nothing in this section shall apply to any contract for the purchase
of unprocessed timber from public lands entered into before the
effective date of a Secretary's order issued under subsection (a) of
this section.
(5) Western red cedar
Nothing in this section shall be construed to supersede the
provisions of section 2406(i) of title 50, Appendix.
(e) Presidential authority
The President is authorized, after suitable notice and a public
comment period of not less than 120 days, to suspend the provisions of
this section if a panel of experts has reported to the Contracting
Parties to the General Agreement on Tariffs and Trade, or a ruling
issued under the formal dispute settlement proceeding provided under any
other trade agreement finds, that the provisions of this section are in
violation of, or inconsistent with, United States obligations under that
trade agreement.
(f) Removal or modifications of State restrictions
Based upon a determination that it is in the national economic
interest, the President may remove or modify any prohibition on exports
from public lands in a State if that State petitions the President to
remove or modify such prohibition.
(g) Effect of prior Federal law
No provision of Federal law which imposes requirements with respect
to the generation of revenue from State timberlands and was enacted
before August 20, 1990, shall be construed to invalidate, supersede, or
otherwise affect any action of a State or political subdivision of a
State pursuant to sections 620 to 620j of this title.
(h) Surplus timber
The prohibitions on exports contained in orders of the Secretary of
Commerce issued under subsection (a) of this section shall not apply to
specific quantities of grades and species of unprocessed timber
originating from public lands which the Secretary concerned determines
by rule to be surplus to the needs of timber manufacturing facilities in
the United States. Any such determination may, by rule, be withdrawn by
the Secretary concerned if the Secretary determines that the affected
timber is no longer surplus to the needs of timber manufacturing
facilities in the United States.
(i) Suspension of prohibitions
Notwithstanding any other provision of this section, beginning on
January 1, 1998, and annually thereafter, if the President finds, upon
review of the purposes and implementation of sections 620 to 620j of
this title, that the prohibitions on exports required by subsection (a)
of this section no longer promote the purposes of sections 620 to 620j
of this title, then the President may suspend such prohibitions, except
that such suspension shall not take effect until 90 days after the
President notifies the Congress of such finding.
(j) Existing authority not affected
Nothing in sections 620 to 620j of this title shall be construed to
limit the authority of the President or the United States Trade
Representative to take action authorized by law to respond appropriately
to any measures taken by a foreign government in connection with
sections 620 to 620j of this title.
(Pub. L. 101-382, title IV, 491, Aug. 20, 1990, 104 Stat. 719.)
16 USC 620d. Monitoring and enforcement
TITLE 16 -- CONSERVATION
(a) Monitoring and reports
In accordance with regulations issued under this section --
(1) each person who acquires, either directly or indirectly,
unprocessed timber originating from Federal lands west of the 100th
meridian in the contiguous 48 States shall report the receipt and
disposition of such timber to the Secretary concerned, in such form as
such Secretary may by rule prescribe; except that nothing in this
paragraph shall be construed to hold any person responsible for the
reporting of the disposition of any such timber held by subsequent
persons; and
(2) each person who transfers to another person unprocessed timber
originating from Federal lands west of the 100th meridian in the
contiguous 48 States shall, before completing such transfer --
(A) provide to such other person a written notice, in such form as
the Secretary concerned may prescribe, which shall identify the Federal
origin of such timber;
(B) receive from such other person a written acknowledgment of such
notice and a written agreement that such other person will comply with
the requirements of sections 620 to 620j of this title, in such form as
the Secretary concerned may prescribe; and
(C) provide to the Secretary concerned copies of all notices,
acknowledgments, and agreements referred to in subparagraphs (A) and
(B).
(b) Report to Congress
Using the information gathered under subsection (a) of this section,
the Secretaries of Agriculture and Interior shall, not later than June
1, 1995, submit to the Congress a report on the disposition of
unprocessed timber harvested from Federal lands west of the 100th
meridian in the contiguous 48 States, and recommendations concerning the
practice of indirect substitution of such timber for exported timber
harvested from private lands. Specifically, such report shall --
(1) analyze the effects of indirect substitution on market
efficiency;
(2) analyze the effects of indirect substitution on domestic log
supply;
(3) offer any recommendations that the Secretaries consider necessary
for specific statutory or regulatory changes regarding indirect
substitution;
(4) provide summaries of the data collected;
(5) analyze the effects of the provisions of section 620b(b)(2)(C) of
this title; and
(6) provide such other information as the Secretaries consider
appropriate.
(c) Civil penalties for violation
(1) Exports
If the Secretary concerned finds, on the record and after an
opportunity for a hearing, that a person, with willful disregard for the
prohibition contained in sections 620 to 620j of this title against
exporting Federal timber, exported or caused to be exported unprocessed
timber originating from Federal lands in violation of sections 620 to
620j of this title, such Secretary may assess against such person a
civil penalty of not more than $500,000 for each violation, or 3 times
the gross value of the unprocessed timber involved in the violation,
whichever amount is greater.
(2) Other violations
If the Secretary concerned finds, on the record and after an
opportunity for a hearing, that a person has violated any provision of
sections 620 to 620j of this title or any regulation issued under
sections 620 to 620j of this title relating to lands which they
administer (notwithstanding that such violation may not have caused the
export of unprocessed Federal timber in violation of sections 620 to
620j of this title), such Secretary may --
(A) assess against such person a civil penalty of not more than
$75,000 for each violation if the Secretary determines that the person
committed such violation in disregard of such provision or regulation;
(B) assess against such person a civil penalty of not more than
$50,000 for each violation if the Secretary determines that the person
should have known that the action constituted a violation; or
(C) assess against such person a civil penalty of not more than
$500,000 if the Secretary determines that the person committed such
violation willfully.
(3) Penalties not exclusive; judicial review
A penalty assessed under this subsection shall not be exclusive of
any other penalty provided by law and shall be subject to review in an
appropriate United States district court.
(d) Administrative remedies
(1) Debarment
The head of the appropriate Federal department or agency under
sections 620 to 620j of this title may debar any person who violates
sections 620 to 620j of this title, or any regulation or contract issued
under sections 620 to 620j of this title, from entering into any
contract for the purchase of unprocessed timber from Federal lands for a
period of not more than 5 years. Such person shall also be precluded
from taking delivery of Federal timber purchased by another party for
the period of debarment.
(2) Cancellation of contracts
The head of the appropriate Federal department or agency under
sections 620 to 620j of this title may cancel any contract entered into
with a person found to have violated sections 620 to 620j of this title
or regulations issued under sections 620 to 620j of this title.
(e) Exception
Subsections (c) and (d) of this section do not apply to violations of
section 620i of this title.
(Pub. L. 101-382, title IV, 492, Aug. 20, 1990, 104 Stat. 722.)
16 USC 620e. Definitions
TITLE 16 -- CONSERVATION
For purposes of sections 620 to 620j of this title:
(1) The term ''acquire'' means to come into possession of, whether
directly or indirectly, through a sale, trade, exchange, or other
transaction, and the term ''acquisition'' means the act of acquiring.
(2) The term ''Federal lands'' means lands that are owned by the
United States, but does not include any lands the title to which is --
(A) held in trust by the United States for the benefit of any Indian
tribe or individual,
(B) held by any Indian tribe or individual subject to a restriction
by the United States against alienation, or
(C) held by any Native Corporation as defined in section 1602 of
title 43.
(3) The term ''person'' means any individual, partnership,
corporation, association, or other legal entity and includes any
subsidiary, subcontractor, or parent company, and business affiliates
where 1 affiliate controls or has the power to control the other or when
both are controlled directly or indirectly by a third person.
(4) The term ''private lands'' means lands held or owned by a person.
Such term does not include Federal lands or public lands, or any lands
the title to which is --
(A) held in trust by the United States for the benefit of any Indian
tribe or individual,
(B) held by any Indian tribe or individual subject to a restriction
by the United States against alienation, or
(C) held by any Native Corporation as defined in section 1602 of
title 43.
(5) The term ''public lands'' means lands west of the 100th meridian
in the contiguous 48 States, that are held or owned by a State or
political subdivision thereof, or any other public agency. Such term
does not include any lands the title to which is --
(A) held by the United States;
(B) held in trust by the United States for the benefit of any Indian
tribe or individual,
(C) held by any Indian tribe or individual subject to a restriction
by the United States against alienation, or
(D) held by any Native Corporation as defined in section 1602 of
title 43.
(6) The term ''Secretary concerned'' means --
(A) the Secretary of Agriculture, with respect to Federal lands
administered by that Secretary; and
(B) the Secretary of the Interior with respect to Federal lands
administered by that Secretary.
(7)(A) The term ''unprocessed timber'' means trees or portions of
trees or other roundwood not processed to standards and specifications
suitable for end product use.
(B) The term ''unprocessed timber'' does not include timber processed
into any one of the following:
(i) Lumber or construction timbers, except Western Red Cedar, meeting
current American Lumber Standards Grades or Pacific Lumber Inspection
Bureau Export R or N list grades, sawn on 4 sides, not intended for
remanufacture.
(ii) Lumber, construction timbers, or cants for remanufacture, except
Western Red Cedar, meeting current American Lumber Standards Grades or
Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn
on 4 sides, not to exceed 12 inches in thickness.
(iii) Lumber, construction timbers, or cants for remanufacture,
except Western Red Cedar, that do not meet the grades referred to in
clause (ii) and are sawn on 4 sides, with wane less than 1/4 of any
face, not exceeding 8 3/4 inches in thickness.
(iv) Chips, pulp, or pulp products.
(v) Veneer or plywood.
(vi) Poles, posts, or piling cut or treated with preservatives for
use as such.
(vii) Shakes or shingles.
(viii) Aspen or other pulpwood bolts, not exceeding 100 inches in
length, exported for processing into pulp.
(ix) Pulp logs or cull logs processed at domestic pulp mills,
domestic chip plants, or other domestic operations for the purpose of
conversion of the logs into chips.
(8) The acquisition of unprocessed timber from Federal lands west of
the 100th meridian in the contiguous 48 States to be used in
''substitution'' for exported unprocessed timber originating from
private lands means acquiring unprocessed timber from such Federal lands
and engaging in exporting, or selling for export, unprocessed timber
originating from private lands within the same geographic and economic
area.
(Pub. L. 101-382, title IV, 493, Aug. 20, 1990, 104 Stat. 723.)
16 USC 620f. Regulations and review
TITLE 16 -- CONSERVATION
(a) Regulations
The Secretaries of Agriculture and Interior shall, in consultation,
each prescribe new coordinated and consistent regulations to implement
sections 620 to 620j of this title on lands which they administer. The
Secretary of Commerce shall promulgate such rules and guidelines as may
be necessary to carry out sections 620 to 620j of this title. Except as
otherwise provided in sections 620 to 620j of this title, regulations
and guidelines under this subsection shall be issued not later than 9
months after August 20, 1990.
(b) Review
The Secretaries of Agriculture and Interior shall, in consultation,
review the definition of unprocessed timber under section 620e(7) of
this title for purposes of sections 620 to 620j of this title and, not
later than 18 months after August 20, 1990, submit to the Congress any
recommendations they have with respect to such definition.
Specifically, the Secretaries shall report on the effects of maintaining
2 size standards under section 620e(B)(ii) /1/ and (iii) of this title.
(Pub. L. 101-382, title IV, 495, Aug. 20, 1990, 104 Stat. 725.)
/1/ So in original. Probably should be section ''620e(7)(B)(ii)''.
16 USC 620g. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out sections 620 to 620j of this title.
(Pub. L. 101-382, title IV, 496, Aug. 20, 1990, 104 Stat. 725.)
16 USC 620h. Savings provision
TITLE 16 -- CONSERVATION
Nothing in sections 620 to 620j of this title, or regulations issued
under sections 620 to 620j of this title, shall be construed to abrogate
or affect any timber sale contract entered into before August 20, 1990.
(Pub. L. 101-382, title IV, 497, Aug. 20, 1990, 104 Stat. 725.)
August 20, 1990, referred to in text, was in the original ''the
effective date of this title'', which is the date of enactment of title
IV of Pub. L. 101-382, approved Aug. 20, 1990, except as otherwise
provided in sections 620 to 620j of this title, see section 494 of Pub.
L. 101-382, set out as an Effective Date note under section 620 of this
title.
16 USC 620i. Eastern hardwoods study
TITLE 16 -- CONSERVATION
(a) Study
The Secretary of Commerce, in conjunction with the Secretary of
Agriculture and the Secretary of the Interior, shall conduct a study of
the export from the United States, during the 2-year period beginning on
January 1, 1991, of unprocessed hardwood timber harvested from Federal
lands or public lands east of the 100th meridian. In order to carry out
the provisions of this section --
(1) the Secretary of Commerce shall require each person exporting
such timber from the United States to declare, in addition to the
information normally required in the Shipper's Export Declarations, the
State in which the timber was grown and harvested; and
(2) the Secretary of Agriculture and the Secretary of the Interior
shall ensure that all hardwood saw timber harvested from Federal lands
east of the 100th meridian is marked in such a manner as to make it
readily identifiable at all times before its manufacture, and shall take
such steps as each Secretary considers appropriate to ensure that such
markings are not altered or destroyed before manufacturing.
(b) Report to Congress
Not later than April 1, 1993, the Secretary of Commerce shall submit
to the Committees on Agriculture, Interior and Insular Affairs, and
Foreign Affairs of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report describing
the volume and value of unprocessed timber grown and harvested from
Federal lands or public lands east of the 100th meridian that is
exported from the United States during the 2-year period beginning on
January 1, 1991, the country to which such timber is exported, and the
State in which such timber was grown and harvested.
(Pub. L. 101-382, title IV, 498, Aug. 20, 1990, 104 Stat. 725.)
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
16 USC 620j. Authority of Export Administration Act of 1979
TITLE 16 -- CONSERVATION
Nothing in sections 620 to 620j of this title shall be construed to
--
(1) prejudice the outcome of pending or prospective petitions filed
under, or
(2) warrant the exercise of the authority contained in,
section 7 of the Export Administration Act of 1979 (50 App. U.S.C.
2406) with respect to the export of unprocessed timber.
(Pub. L. 101-382, title IV, 499, Aug. 20, 1990, 104 Stat. 726.)
16 USC CHAPTER 5 -- PROTECTION OF FUR SEALS AND OTHER FUR-BEARING
ANIMALS
TITLE 16 -- CONSERVATION
Sec.
631 to 654. Omitted or Repealed.
655. Agents to be disinterested.
656. Agents; administering oaths and taking testimony
657, 658. Repealed.
659. Sea lions; acts prohibiting killing repealed.
16 USC 631. Omitted
TITLE 16 -- CONSERVATION
Section, acts Feb. 14, 1903, ch. 552, 7, 32 Stat. 828; Mar. 4,
1913, ch. 141, 1, 37 Stat. 736, vested control over fur seal, salmon,
and other fisheries in Alaska in Department of the Interior.
16 USC 631a to 631q. Repealed. Pub. L. 89-702, title IV, 408(a),
Nov. 2, 1966, 80 Stat. 1098
TITLE 16 -- CONSERVATION
Sections were from act Feb. 26, 1944, ch. 65, 1-17, 58 Stat.
100.
Section 631e amended by act Sept. 27, 1950, ch. 1056, 64 Stat.
1071.
Sections related to protection of fur seals and other fur-bearing
animals as follows:
631a, Definitions,
631b, Pelagic sealing, sealing, or sea otter hunting in certain
waters of North Pacific prohibited; use of ports of United States;
importing illegally taken skins,
631c, Natives permitted to carry on pelagic sealing or sea otter
hunting,
631d, Killing of seals on Pribilof Islands, other islands, and shores
of waters under United States jurisdiction; permission to designated
Fish and Wildlife Service officers and employees and Alaskan natives;
pelagic sealing in emergencies,
631e, Sale of seal or sea otter skins; deposit of proceeds,
631f, Pribilof Islands a special reservation; landing on islands
unlawful; penalties,
631g, Employment of Pribilof Islands native in killing seals and
curing skins,
631h, Depots for and transportation of provisions from mainland to
Pribilof Islands; care of natives,
631i, Investigations as to seal life on the Pribilof Islands,
631j, Persons authorized to enforce provisions of seal fisheries law;
powers of arrest, search, and seizure; execution of warrants;
forfeiture,
631k, Punishment for violation of law; forfeiture,
631l, Duties of collectors of customs regarding importation of skins
of fur seal and see otter,
631m, Seizure of persons or vessels outside of jurisdiction of
signatory powers; procedure,
631n, Guard or patrol of waters; composition,
631o, Receipt and disposal of skins by United States,
631p, Killing, capturing, etc., certain fur-bearing animals for
scientific purposes,
631q, Secretary's powers and duties; employment of personnel.
Subject matter is covered by section 1151 et seq. of this title.
16 USC 631r. Repealed. July 25, 1947, ch. 327, 1, 61 Stat. 449
TITLE 16 -- CONSERVATION
Section, act Feb. 26, 1944, ch. 65, 19, 58 Stat. 104, limited the
duration of the provisions of sections 631a-631q of this title which
implement the Provisional Fur-Seal Agreement of 1942 to twelve months
after the cessation of hostilities of World War II.
16 USC 632 to 644. Repealed. Feb. 26, 1944, ch. 65, 18, 58 Stat.
104
TITLE 16 -- CONSERVATION
Section 632, act Aug. 24, 1912, ch. 373, 1, 37 Stat. 499,
prohibited killing seal or sea otter in certain waters of North Pacific.
Section 633, act Aug. 24, 1912, ch. 373, 2, 37 Stat. 500, forbade
equipping vessels for pelagic sealing or sea-otter hunting and use of
ports of United States by such vessels.
Section 634, act Aug. 24, 1912, ch. 373, 3, 37 Stat. 500,
permitted natives to carry on pelagic fishing.
Section 635, act Aug. 24, 1912, ch. 373, 4, 37 Stat. 500,
prohibited importing illegally taken skins, and forfeiture thereof.
Section 636, acts Aug. 24, 1912, ch. 373, 5, 37 Stat. 500; Mar.
4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No. II, 4(e)
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to regulations
made by President, and enforcement of law and regulations.
Section 637, act Aug. 24, 1912, ch. 373, 6, 37 Stat. 501, related
to punishment for violation of law, and forfeitures.
Section 638, act Aug. 24, 1912, ch. 373, 7, 37 Stat. 501, related
to presumption as to violations.
Section 639, act Aug. 24, 1912, ch. 373, 8, 37 Stat. 501, related
to venue of prosecutions.
Section 640, act Aug. 24, 1912, ch. 373, 9, 37 Stat. 501, related
to guard or patrol of waters, and seizure and search of certain vessels.
Section 641, act Aug. 24, 1912, ch. 373, 10, 37 Stat. 501,
related to seizure of vessels outside of jurisdiction of signatory
powers, and procedure.
Section 642, acts Aug. 24, 1912, ch. 373, 11, 37 Stat. 502; June
22, 1916, ch. 171, 39 Stat. 236; Mar. 4, 1913, ch. 141, 1, 37 Stat.
736; 1939 Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433, which related to delivery by, receipt and disposal
of skins by the United States under convention of July 7, 1911, and
performance of articles thereunder.
Section 643, act Aug. 24, 1912, ch. 373, 12, 37 Stat. 502,
related to definition of ''Pelagic sealing'', and construction of
''person''.
Section 643a, act Aug. 24, 1912, ch. 373, 13, 37 Stat. 502,
related to continuance in force of sections 632-643.
Section 644, R.S. 1956; acts Apr. 21, 1910, ch. 183, 4, 36 Stat.
327; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736; Jan. 13, 1925, ch.
75, 2, 14, 43 Stat. 739, 747; 1939 Reorg. Plan No. II, 4(e), eff.
July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, forbade killing of certain
fur-bearing animals in Alaska, punishment and forfeiture, power of
Secretary of the Interior to authorize killing, and duty to execute law.
Sections 632 to 643a were terminated on the authority of former
section 643a of this title when Japan abrogated the treaty on Oct. 23,
1940, eff. Oct. 23, 1941. Sections 632 to 644 were later specifically
repealed by act Feb. 26, 1944, ch. 65, 18, 58 Stat. 104.
16 USC 645. Omitted
TITLE 16 -- CONSERVATION
Section, R.S. 1957; acts June 6, 1900, ch. 786, 4, 31 Stat. 322;
Feb. 14, 1903, ch. 552, 7, 32 Stat. 828; Mar. 3, 1909, ch. 269,
2, 35 Stat. 839; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736; Mar. 2,
1921, ch. 110, 41 Stat. 1203; 1939 Reorg. Plan No. II, 4(e), eff.
July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to jurisdiction of
offenses.
16 USC 646 to 653. Repealed. Feb. 26, 1944, ch. 65, 18, 58 Stat.
104
TITLE 16 -- CONSERVATION
Section 646, R.S. 1959; acts Apr. 21, 1910, ch. 183, 5, 36 Stat.
327; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No.
II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to
Pribilof Islands as a special reservation, and landing on islands
unlawful.
Section 647, R.S. 1960; acts Apr. 21, 1910, ch. 183, 6, 36 Stat.
327; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No.
II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to
regulation of killing of seals on Pribilof Islands, forbade firearms,
and regulation of privileges to natives.
Section 648, acts June 22, 1916, ch. 171, 39 Stat. 236; 1939
Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433, related to killing seals on Pribilof Islands by natives, and
disposal of skins by Secretary of the Interior.
Section 649, R.S. 1961; act Apr. 21, 1910, ch. 183, 7, 36 Stat.
328, related to killing female seal or seal less than 1 year old, or
killing in waters adjacent to Pribilof Islands or on beaches or cliffs,
punishment, and forfeitures.
Section 650, acts Apr. 21, 1910, ch. 183, 1, 36 Stat. 326; Aug.
24, 1912, ch. 373, 11, 37 Stat. 502; Mar. 4, 1913, ch. 141, 1, 37
Stat. 736; 1939 Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433, related to killing of seals on Pribilof
Islands, regulations, restricted to officers and natives under their
direction, and number to be killed.
Section 651, acts Apr. 21, 1910, ch. 183, 2, 36 Stat. 326; Mar.
4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No. II, 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to sale of
sealskins, proceeds, and subsequent treaties.
Section 652, acts Apr. 21, 1910, ch. 183, 3, 36 Stat. 327; Mar.
4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No. II, 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to employment
of natives of Pribilof Islands in killing seals and curing skins.
Section 653, acts Apr. 21, 1910, ch. 183, 9, 36 Stat. 328; Mar.
4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No. II, 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to depots for
and transportation of provisions from mainland to Pribilof Islands, and
care of natives.
Termination of section 650, prior to its specific repeal, was done on
authority of former section 643a of this title when Japan abrogated the
treaty on Oct. 23, 1940, eff. Oct. 23, 1941. For termination of other
sections giving effect to said treaty, see note under former sections
632 to 644 of this title.
16 USC 654. Omitted
TITLE 16 -- CONSERVATION
Section, acts Mar. 3, 1893, ch. 208, 27 Stat. 585; Feb. 14, 1903,
ch. 552, 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736;
1939 Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1940 Reorg. Plan No. III, 3, eff. June 30, 1940, 5
F.R. 2108, 54 Stat. 1232, related to investigation as to seal life on
the Pribilof Islands.
16 USC 655. Agents to be disinterested
TITLE 16 -- CONSERVATION
The persons charged with the management of the seal fisheries in
Alaska, and the performance of such other duties as may be assigned to
them by the Secretary of the Interior, shall never be interested
directly or indirectly in any lease of the right to take seals, nor in
any proceeds or profits thereof either as owner, agent, partner, or
otherwise.
(R.S. 1973, 1975; Feb. 14, 1903, ch. 552, 7, 32 Stat. 828; Mar.
4, 1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No. II, 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
R.S. 1973, 1975 derived from act Mar. 5, 1872, ch. 31, 1, 17
Stat. 35.
R.S. 1973 read as follows: ''The Secretary of the Treasury is
authorized to appoint one agent and three assistant agents, who shall be
charged with the management of the seal fisheries in Alaska, and the
performance of such other duties as may be assigned to them by the
Secretary of the Treasury.''
R.S. 1975 read as follows: ''Such agents shall never be interested,
directly or indirectly, in any lease of the right to take seals, nor in
any proceeds or profits thereof, either as owner, agent, partner, or
otherwise.''
Act. Feb. 14, 1903, transferred jurisdiction, supervision and control
over the fur seal, salmon and other fisheries of Alaska from Department
of the Treasury to Department of Commerce and Labor.
Act. Mar. 4, 1913, changed designation of Department of Commerce and
Labor to Department of Commerce and provided that the Secretary thereof
should be called the Secretary of Commerce.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce, and its
functions and functions of Secretary of Commerce relating to protection
of fur seals and other fur-bearing animals and supervision of Pribilof
Islands and care of natives thereof, to Department of the Interior.
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, consolidated Bureau
of Fisheries and Bureau of Biological Survey with their respective
functions into one agency in Department of the Interior to be known as
Fish and Wildlife Service, and abolished office of Commissioner and
Deputy Commissioner of Fisheries and transferred their functions to the
consolidated agency.
Bureau of Commercial Fisheries within the Fish and Wildlife Service
as responsible for matters relating to commercial fisheries and to
seals, see section 742b of this title.
16 USC 656. Agents; administering oaths and taking testimony
TITLE 16 -- CONSERVATION
The agents are empowered to administer oaths in all cases relating to
the service of the United States, and to take testimony in Alaska for
the use of the Government in any matter concerning the public revenue.
(R.S. 1976.)
R.S. 1976 derived from act Mar. 5, 1872, ch. 31, 3, 17 Stat. 35.
16 USC 657. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632
TITLE 16 -- CONSERVATION
Section, R.S. 1974; act June 10, 1921, ch. 18, 304, 42 Stat.
204, related to traveling expenses for persons charged with management
of seal fisheries in Alaska.
16 USC 658. Repealed. Feb. 26, 1944, ch. 65, 18, 58 Stat. 104
TITLE 16 -- CONSERVATION
Section, acts Apr. 21, 1910, ch. 183, 9, 36 Stat. 328; Mar. 4,
1913, ch. 141, 1, 37 Stat. 736; 1939 Reorg. Plan No. II, 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to additional
officers and agents to enforce seal fisheries law.
16 USC 659. Sea lions; acts prohibiting killing repealed
TITLE 16 -- CONSERVATION
All Acts and parts of Acts making it unlawful to kill sea lions, as
game animals or otherwise, in the waters of the Territory of Alaska are
repealed.
(June 16, 1934, ch. 556, 48 Stat. 976; 1939 Reorg. Plan No. II,
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 21, 1972,
Pub. L. 92-522, title I, 113(b), 86 Stat. 1042.)
1972 -- Pub. L. 92-522 struck out proviso prohibiting killing of sea
lions in waters of Alaska except under rules and regulations prescribed
by Secretary of the Interior.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce, and its
functions and functions of Secretary of Commerce relating to protection
of fur seals and other fur-bearing animals and supervision of Pribilof
Islands and care of natives thereof, to Department of the Interior.
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
16 USC CHAPTER 5A -- PROTECTION AND CONSERVATION OF WILDLIFE
TITLE 16 -- CONSERVATION
Sec.
661. Declaration of purpose; cooperation of agencies; surveys and
investigations; donations.
662. Impounding, diverting, or controlling of waters.
(a) Consultations between agencies.
(b) Reports and recommendations; consideration.
(c) Modification of projects; acquisition of lands.
(d) Project costs.
(e) Transfer of funds.
(f) Estimation of wildlife benefits or losses.
(g) Applicability to projects.
(h) Exempt projects and activities.
663. Impoundment or diversion of waters.
(a) Conservation, maintenance, and management of wildlife resources;
development and improvement.
(b) Use and availability of waters, land, or interests therein.
(c) Acquisition of land, waters, and interests therein; report to
Congress.
(d) Use of acquired properties.
(e) Availability of Federal lands acquired or withdrawn for Federal
water-resource purposes.
(f) National forest lands.
664. Administration; rules and regulations; availability of lands
to State agencies.
665. Investigations as to effect of sewage, industrial wastes;
reports.
665a. Maintenance of adequate water levels in upper Mississippi
River.
666. Authorization of appropriations.
666a. Penalties.
666b. Definitions.
666c. Applicability to Tennessee Valley Authority.
666d. Skagit National Wildlife Refuge; exchange of lands.
666e. Administration of acquired lands.
666f. Wildlife conservation and agricultural, industrial,
recreational, and related uses for certain Federal lands; transfer of
lands to Secretary of the Interior; administration, development, and
disposition.
666g. Classification of lands; industrial leases; moneys subject
to section 715s of this title; administration; jurisdiction of Federal
agencies.
667. Game management supply depots; appropriations.
667a. Omitted.
667b. Transfer of certain real property for wildlife conservation
purposes; reservation of rights.
667c. Publication of designating order.
667d. Reports to Congress.
667e. Repealed.
668. Bald and golden eagles.
(a) Prohibited acts; criminal penalties.
(b) Civil penalties.
(c) Cancellation of grazing agreements.
668a. Taking and using of the bald and golden eagle for scientific,
exhibition, and religious purposes.
668b. Enforcement provisions.
(a) Arrest; search; issuance and execution of warrants and process.
(b) Forfeiture.
(c) Customs laws applied.
668c. Definitions.
668d. Availability of appropriations for Migratory Bird Treaty Act.
668aa to 668cc-6. Repealed.
668dd. National Wildlife Refuge System.
(a) Designation; administration; continuance of
resources-management-programs for refuge lands in Alaska; disposal of
acquired lands; proceeds.
(b) Administration; public accommodations contracts; acceptance and
use of funds; exchange of properties; cash equalization payments.
(c) Prohibited and permitted activities; application of mining and
mineral leasing laws, hunting or fishing regulations, and State laws or
regulations.
(d) Use of areas; administration of migratory bird sanctuaries as
game taking areas; rights of way, easements, and reservations; payment
of fair market value.
(e) Penalties.
(f) Enforcement provision; arrests, searches, and seizures; custody
of property; forfeitures; disposition.
(g) Regulations; continuation, modification, or rescission.
(h) National conservation recreational area provisions; amendment,
repeal, or modification.
(i) Exemption from State water laws.
668ee. Definitions.
668ff to 668ss. Omitted.
16 USC SUBCHAPTER I -- GAME, FUR-BEARING ANIMALS, AND FISH
TITLE 16 -- CONSERVATION
16 USC 661. Declaration of purpose; cooperation of agencies; surveys
and investigations; donations
TITLE 16 -- CONSERVATION
For the purpose of recognizing the vital contribution of our wildlife
resources to the Nation, the increasing public interest and significance
thereof due to expansion of our national economy and other factors, and
to provide that wildlife conservation shall receive equal consideration
and be coordinated with other features of water-resource development
programs through the effectual and harmonious planning, development,
maintenance, and coordination of wildlife conservation and
rehabilitation for the purposes of sections 661 to 666c of this title in
the United States, its Territories and possessions, the Secretary of the
Interior is authorized (1) to provide assistance to, and cooperate with,
Federal, State, and public or private agencies and organizations in the
development, protection, rearing, and stocking of all species of
wildlife, resources thereof, and their habitat, in controlling losses of
the same from disease or other causes, in minimizing damages from
overabundant species, in providing public shooting and fishing areas,
including easements across public lands for access thereto, and in
carrying out other measures necessary to effectuate the purposes of said
sections; (2) to make surveys and investigations of the wildlife of the
public domain, including lands and waters or interests therein acquired
or controlled by any agency of the United States; and (3) to accept
donations of land and contributions of funds in furtherance of the
purposes of said sections.
(Mar. 10, 1934, ch. 55, 1, 48 Stat. 401; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14,
1946, ch. 965, 60 Stat. 1080; Aug. 12, 1958, Pub. L. 85-624, 2, 72
Stat. 563.)
1958 -- Pub. L. 85-624 inserted provisions which relate to
recognition of the vital contribution of wildlife resources to the
Nation, the increasing public interest and significance thereof, and to
equal consideration and coordination of wildlife conservation with other
water-resources development programs, and which authorize the Secretary
to provide public fishing areas, and to accept donations of lands and
contributions of funds.
1946 -- Act Aug. 14, 1946, amended section generally in order to
promote more effectual planning and cooperation between Federal, State,
public, and private agencies for the conservation and rehabilitation of
wildlife.
Section 1 of Pub. L. 85-624 provided: ''That the Act of March 10,
1934, as amended, and as further amended by this Act (sections 661 to
666c of this title) may be cited as the 'Fish and Wildlife Coordination
Act'.''
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with wildlife consultation in
sections 661 to 666c of this title and such functions of Secretary or
other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to
compliance with sections 661 to 666c of this title with respect to
pre-construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office
of Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5.
Functions, appropriations, records, and property of Secretary of the
Interior and Fish and Wildlife Service of Department of the Interior
which affect or relate to breeding, raising, producing, marketing, or
any other phase of production or distribution of domestically raised
fur-bearing animals, or the products thereof transferred to Secretary of
Agriculture by section 434 of Title 7, Agriculture.
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and Bureau
of Biological Survey with their respective functions into one agency in
Department of the Interior to be known as the Fish and Wildlife Service,
and abolished the office of Commissioner and Deputy Commissioner of
Fisheries and transferred their functions to the consolidated agency.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce, and its
functions, to Department of the Interior; transferred functions of
Secretary of Commerce relating to protection of fur seals and other
fur-bearing animals to Secretary of the Interior; and transferred
functions of Secretary of Agriculture relating to conservation of
wildlife, game, and migratory birds to Secretary of the Interior.
Section 4 of Pub. L. 85-624 provided that: ''There is hereby
authorized to be appropriated and expended such funds as may be
necessary to carry out the purposes of this Act (amending this section
and sections 662 to 664 of this title and enacting section 1008 of this
title).''
Act May 26, 1948, ch. 348, 62 Stat. 274, directed the Fish and
Wildlife Service to undertake, in cooperation with appropriate State and
interstate agencies in accordance with the provisions of the Act of
August 14, 1946 (60 Stat. 1080), comprehensive studies of the soft-shell
clam, Mya arenaria, and the hard-shell clam, Venus mercenaria, with
particular respect to the biology, propagation, and methods of
cultivation of such clams, required the Service to recommend appropriate
measures for (1) arresting depletion in existing productive beds; (2)
restoring to production beds formerly productive but now barren or
unusable; (3) developing new areas which may be found suitable; (4)
improving methods and techniques of digging, transplanting, and
handling; and (5) otherwise increasing production and improving the
quality of such clams for the benefit of both producers and consumers,
and authorized for the five-year period beginning July 1, 1948, the sum
of $250,000 to carry out the studies of the soft-shell clam and the sum
of $250,000 to carry out the studies of the hard-shell clam.
title 33 sections 1416, 2283; title 43 sections 421h,
422h, 2223.
16 USC 662. Impounding, diverting, or controlling of waters
TITLE 16 -- CONSERVATION
(a) Consultations between agencies
Except as hereafter stated in subsection (h) of this section,
whenever the waters of any stream or other body of water are proposed or
authorized to be impounded, diverted, the channel deepened, or the
stream or other body of water otherwise controlled or modified for any
purpose whatever, including navigation and drainage, by any department
or agency of the United States, or by any public or private agency under
Federal permit or license, such department or agency first shall consult
with the United States Fish and Wildlife Service, Department of the
Interior, and with the head of the agency exercising administration over
the wildlife resources of the particular State wherein the impoundment,
diversion, or other control facility is to be constructed, with a view
to the conservation of wildlife resources by preventing loss of and
damage to such resources as well as providing for the development and
improvement thereof in connection with such water-resource development.
(b) Reports and recommendations; consideration
In furtherance of such purposes, the reports and recommendations of
the Secretary of the Interior on the wildlife aspects of such projects,
and any report of the head of the State agency exercising administration
over the wildlife resources of the State, based on surveys and
investigations conducted by the United States Fish and Wildlife Service
and such State agency for the purpose of determining the possible damage
to wildlife resources and for the purpose of determining means and
measures that should be adopted to prevent the loss of or damage to such
wildlife resources, as well as to provide concurrently for the
development and improvement of such resources, shall be made an integral
part of any report prepared or submitted by any agency of the Federal
Government responsible for engineering surveys and construction of such
projects when such reports are presented to the Congress or to any
agency or person having the authority or the power, by administrative
action or otherwise, (1) to authorize the construction of water-resource
development projects or (2) to approve a report on the modification or
supplementation of plans for previously authorized projects, to which
sections 661 to 666c of this title apply. Recommendations of the
Secretary of the Interior shall be as specific as is practicable with
respect to features recommended for wildlife conservation and
development, lands to be utilized or acquired for such purposes, the
results expected, and shall describe the damage to wildlife attributable
to the project and the measures proposed for mitigating or compensating
for these damages. The reporting officers in project reports of the
Federal agencies shall give full consideration to the report and
recommendations of the Secretary of the Interior and to any report of
the State agency on the wildlife aspects of such projects, and the
project plan shall include such justifiable means and measures for
wildlife purposes as the reporting agency finds should be adopted to
obtain maximum overall project benefits.
(c) Modification of projects; acquisition of lands
Federal agencies authorized to construct or operate water-control
projects are authorized to modify or add to the structures and
operations of such projects, the construction of which has not been
substantially completed on the date of enactment of the Fish and
Wildlife Coordination Act, and to acquire lands in accordance with
section 663 of this title, in order to accommodate the means and
measures for such conservation of wildlife resources as an integral part
of such projects: Provided, That for projects authorized by a specific
Act of Congress before the date of enactment of the Fish and Wildlife
Coordination Act (1) such modification or land acquisition shall be
compatible with the purposes for which the project was authorized; (2)
the cost of such modifications or land acquisition, as means and
measures to prevent loss of and damage to wildlife resources to the
extent justifiable, shall be an integral part of the cost of such
projects; and (3) the cost of such modifications or land acquisition
for the development or improvement of wildlife resources may be included
to the extent justifiable, and an appropriate share of the cost of any
project may be allocated for this purpose with a finding as to the part
of such allocated cost, if any, to be reimbursed by non-Federal
interests.
(d) Project costs
The cost of planning for and the construction or installation and
maintenance of such means and measures adopted to carry out the
conservation purposes of this section shall constitute an integral part
of the cost of such projects: Provided, That such cost attributable to
the development and improvement of wildlife shall not extend beyond that
necessary for (1) land acquisition, (2) facilities as specifically
recommended in water resource project reports, (3) modification of the
project, and (4) modification of project operations, but shall not
include the operation of wildlife facilities.
(e) Transfer of funds
In the case of construction by a Federal agency, that agency is
authorized to transfer to the United States Fish and Wildlife Service,
out of appropriations or other funds made available for investigations,
engineering, or construction, such funds as may be necessary to conduct
all or part of the investigations required to carry out the purposes of
this section.
(f) Estimation of wildlife benefits or losses
In addition to other requirements, there shall be included in any
report submitted to Congress supporting a recommendation for
authorization of any new project for the control or use of water as
described herein (including any new division of such project or new
supplemental works on such project) an estimation of the wildlife
benefits or losses to be derived therefrom including benefits to be
derived from measures recommended specifically for the development and
improvement of wildlife resources, the cost of providing wildlife
benefits (including the cost of additional facilities to be installed or
lands to be acquired specifically for that particular phase of wildlife
conservation relating to the development and improvement of wildlife),
the part of the cost of joint-use facilities allocated to wildlife, and
the part of such costs, if any, to be reimbursed by non-Federal
interests.
(g) Applicability to projects
The provisions of this section shall be applicable with respect to
any project for the control or use of water as prescribed herein, or any
unit of such project authorized before or after the date of enactment of
the Fish and Wildlife Coordination Act for planning or construction, but
shall not be applicable to any project or unit thereof authorized before
the date of enactment of the Fish and Wildlife Coordination Act if the
construction of the particular project or unit thereof has been
substantially completed. A project or unit thereof shall be considered
to be substantially completed when sixty percent or more of the
estimated construction cost has been obligated for expenditure.
(h) Exempt projects and activities
The provisions of section 661 to 666c of this title shall not be
applicable to those projects for the impoundment of water where the
maximum surface area of such impoundments is less than ten acres, nor to
activities for or in connection with programs primarily for land
management and use carried out by Federal agencies with respect to
Federal lands under their jurisdiction.
(Mar. 10, 1934, ch. 55, 2, 48 Stat. 401; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14,
1946, ch. 965, 60 Stat. 1080; Aug. 12, 1958, Pub. L. 85-624, 2, 72
Stat. 564; July 9, 1965, Pub. L. 89-72, 6(b), 79 Stat. 216.)
The date of enactment of the Fish and Wildlife Coordination Act,
referred to in subsecs. (c) and (g), probably refers to the date of
enactment of Pub. L. 85-624, Aug. 12, 1958. See, also, Short Title
note set out under section 661 of this title.
1965 -- Subsec. (d). Pub. L. 89-72 added cl. (2) to proviso,
redesignated cls. (2) and (3) thereof as (3) and (4), struck out ''nor
the construction of such facilities beyond those herein described''
after ''wildlife facilities'' and struck out a second proviso which
applied to projects constructed under Federal reclamation laws and
required the Secretary of the Interior, in addition to allocations made
under section 485h of Title 43, to make findings on part of estimated
cost of the project which can properly be allocated to means and
measures to prevent loss and damage to wildlife resources, which costs
shall not be reimbursable, and provided for allocation of project costs
to development and improvement of wildlife resources, now covered by
sections 460l-12 to 460l-21 of this title.
1958 -- Pub. L. 85-624 amended section generally to require
consultations with a view to the conservation of resources by providing
for the development and improvement thereof in connection with
water-resource development, to provide for inclusion of reports and
recommendations of the Secretary of the Interior and of the heads of
State agencies in reports prepared or submitted by agencies responsible
for engineering surveys and construction of projects when such reports
are presented to the Congress or to any agency or person having the
authority or the power to authorize the construction of water-resource
development projects or to approve a report on the modification or
supplementation of plans for previously authorized projects, to
authorize modification of projects and acquisition of lands, and to
require an estimation of benefits or losses to wildlife to be
incorporated in the reports submitted to the Congress.
1946 -- Act Aug. 14, 1946, amended section generally to provide for
consultations between any agencies and the Fish and Wildlife Service and
head of State agency exercising administration over State wildlife
resources prior to the impounding of water in order to prevent loss and
damage to wildlife resources. Former provisions of this section are
covered by section 665 of this title.
See Transfer of Functions note set out under section 661 of this
title.
16 USC 663. Impoundment or diversion of waters
TITLE 16 -- CONSERVATION
(a) Conservation, maintenance, and management of wildlife resources;
development and improvement
Subject to the exceptions prescribed in section 662(h) of this title,
whenever the waters of any stream or other body of water are impounded,
diverted, the channel deepened, or the stream or other body of water
otherwise controlled or modified for any purpose whatever, including
navigation and drainage, by any department or agency of the United
States, adequate provision, consistent with the primary purposes of such
impoundment, diversion, or other control, shall be made for the use
thereof, together with any areas of land, water, or interests therein,
acquired or administered by a Federal agency in connection therewith,
for the conservation, maintenance, and management of wildlife resources
thereof, and its habitat thereon, including the development and
improvement of such wildlife resources pursuant to the provisions of
section 662 of this title.
(b) Use and availability of waters, land, or interests therein
The use of such waters, land, or interests therein for wildlife
conservation purposes shall be in accordance with general plans approved
jointly (1) by the head of the particular department or agency
exercising primary administration in each instance, (2) by the Secretary
of the Interior, and (3) by the head of the agency exercising the
administration of the wildlife resources of the particular State wherein
the waters and areas lie. Such waters and other interests shall be made
available, without cost for administration, by such State agency, if the
management of the properties relate to the conservation of wildlife
other than migratory birds, or by the Secretary of the Interior, for
administration in such manner as he may deem advisable, where the
particular properties have value in carrying out the national migratory
bird management program: Provided, That nothing in this section shall
be construed as affecting the authority of the Secretary of Agriculture
to cooperate with the States or in making lands available to the States
with respect to the management of wildlife and wildlife habitat on lands
administered by him.
(c) Acquisition of land, waters, and interests therein; report to
Congress
When consistent with the purposes of sections 661 to 666c of this
title and the reports and findings of the Secretary of the Interior
prepared in accordance with section 662 of this title, land, waters, and
interests therein may be acquired by Federal construction agencies for
the wildlife conservation and development purposes of sections 661 to
666c of this title in connection with a project as reasonably needed to
preserve and assure for the public benefit the wildlife potentials of
the particular project area: Provided, That before properties are
acquired for this purpose, the probable extent of such acquisition shall
be set forth, along with other data necessary for project authorization,
in a report submitted to the Congress, or in the case of a project
previously authorized, no such properties shall be acquired unless
specifically authorized by Congress, if specific authority for such
acquisition is recommended by the construction agency.
(d) Use of acquired properties
Properties acquired for the purposes of this section shall continue
to be used for such purposes, and shall not become the subject of
exchange or other transactions if such exchange or other transaction
would defeat the initial purpose of their acquisition.
(e) Availability of Federal lands acquired or withdrawn for Federal
water-resource purposes
Federal lands acquired or withdrawn for Federal water-resource
purposes and made available to the States or to the Secretary of the
Interior for wildlife management purposes, shall be made available for
such purposes in accordance with sections 661 to 666c of this title,
notwithstanding other provisions of law.
(f) National forest lands
Any lands acquired pursuant to this section by any Federal agency
within the exterior boundaries of a national forest shall, upon
acquisition, be added to and become national forest lands, and shall be
administered as a part of the forest within which they are situated,
subject to all laws applicable to lands acquired under the provisions of
the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired
to carry out the National Migratory Bird Management Program.
(Mar. 10, 1934, ch. 55, 3, 48 Stat. 401; 1940 Reorg. Plan No. III,
3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch.
965, 60 Stat. 1080; Aug. 12, 1958, Pub. L. 85-624, 2, 72 Stat. 566.)
Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch.
186, 36 Stat. 961, popularly known as the Weeks Law, which is
classified to sections 480, 500, 513 to 519, 521, 552, and 563 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 552 of this title and Tables.
1958 -- Subsec. (a). Pub. L. 85-624 designated first sentence of
existing provisions as subsec. (a), and, among other changes, inserted
''Subject to the exceptions prescribed in section 662(h) of this title''
before ''whenever the waters'', substituted ''diverted, the channel
deepened, or the stream or other body of water otherwise controlled or
modified for any purpose whatever, including navigation and drainage''
for ''diverted, or otherwise controlled for any purpose whatever'', and
inserted provisions requiring adequate provision to be made for the
development and improvement of wildlife resources pursuant to the
provisions of section 662 of this title.
Subsec. (b). Pub. L. 85-624 designated second sentence of existing
provisions as subsec. (b), included the use of land for wildlife
conservation purpose, and provided that nothing in this section shall be
construed as effecting the authority of the Secretary of Agriculture to
cooperate with the States or in making lands available to the States
with respect to the management of wildlife and wildlife habitat on lands
administered by him.
Subsecs. (c) to (f). Pub. L. 85-624 added subsecs. (c) to (f).
1946 -- Act Aug. 14, 1946, amended section generally to provide for
conservation and maintenance of wildlife resources upon impounding of
waters, and to provide for free use of waters under certain conditions.
See Transfer of Functions note set out under section 661 of this
title.
16 USC 664. Administration; rules and regulations; availability of
lands to State agencies
TITLE 16 -- CONSERVATION
Such areas as are made available to the Secretary of the Interior for
the purposes of sections 661 to 666c of this title, pursuant to sections
661 and 663 of this title or pursuant to any other authorization, shall
be administered by him directly or in accordance with cooperative
agreements entered into pursuant to the provisions of section 661 of
this title and in accordance with such rules and regulations for the
conservation, maintenance, and management of wildlife, resources
thereof, and its habitat thereon, as may be adopted by the Secretary in
accordance with general plans approved jointly by the Secretary of the
Interior and the head of the department or agency exercising primary
administration of such areas: Provided, That such rules and regulations
shall not be inconsistent with the laws for the protection of fish and
game of the States in which such area is situated: Provided, further,
That lands having value to the National Migratory Bird Management
Program may, pursuant to general plans, be made available without cost
directly to the State agency having control over wildlife resources, if
it is jointly determined by the Secretary of the Interior and such State
agency that this would be in the public interest: And provided further,
That the Secretary of the Interior shall have the right to assume the
management and administration of such lands in behalf of the National
Migratory Bird Management Program if the Secretary finds that the State
agency has withdrawn from or otherwise relinquished such management and
administration.
(Mar. 10, 1934, ch. 55, 4, 48 Stat. 402; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg.
Plan No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug.
14, 1946, ch. 965, 60 Stat. 1080; Aug. 12, 1958, Pub. L. 85-624, 2,
72 Stat. 567.)
1958 -- Pub. L. 85-624 permitted lands having value to the National
Bird Management Program to be made available directly to the State
agency having control over wildlife resources.
1946 -- Act Aug. 14, 1946, amended section generally to provide for
administration of wildlife areas, and for the promulgation of rules and
regulations.
See Transfer of Functions note set out under section 661 of this
title.
16 USC 665. Investigations as to effect of sewage, industrial wastes;
reports
TITLE 16 -- CONSERVATION
The Secretary of the Interior, through the Fish and Wildlife Service
and the United States Bureau of Mines, is authorized to make such
investigations as he deems necessary to determine the effects of
domestic sewage, mine, petroleum, and industrial wastes, erosion silt,
and other polluting substances on wildlife, and to make reports to the
Congress concerning such investigations and of recommendations for
alleviating dangerous and undesirable effects of such pollution. These
investigations shall include (1) the determination of standards of water
quality for the maintenance of wildlife; (2) the study of methods of
abating and preventing pollution, including methods for the recovery of
useful or marketable products and byproducts of wastes; and (3) the
collation and distribution of data on the progress and results of such
investigations for the use of Federal, State, municipal, and private
agencies, individuals, organizations, or enterprises.
(Mar. 10, 1934, ch. 55, 5, 48 Stat. 402; 1940 Reorg. Plan No. III,
3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch.
965, 60 Stat. 1080; May 18, 1992, Pub. L. 102-285, 10(b), 106 Stat.
172.)
1946 -- Act Aug. 14, 1946, amended section generally to provide for
investigations as to the effect of sewage and industrial waste on
wildlife.
''United States Bureau of Mines'' substituted in text for ''Bureau of
Mines'' pursuant to section 10(b) of Pub. L. 102-285, set out as a note
under section 1 of Title 30, Mineral Lands and Mining.
See Transfer of Functions note set out under section 661 of this
title.
16 USC 665a. Maintenance of adequate water levels in upper Mississippi
River
TITLE 16 -- CONSERVATION
In the management of existing facilities (including locks, dams, and
pools) in the Mississippi River between Rock Island, Illinois, and
Minneapolis, Minnesota, administered by the United States Corps of
Engineers of the Department of the Army, that Department is directed to
give full consideration and recognition to the needs of fish and other
wildlife resources and their habitat dependent on such waters, without
increasing additional liability to the Government, and, to the maximum
extent possible without causing damage to levee and drainage districts,
adjacent railroads and highways, farm lands, and dam structures, shall
generally operate and maintain pool levels as though navigation was
carried on throughout the year.
(Mar. 10, 1934, ch. 55, 5A, as added June 19, 1948, ch. 528, 62
Stat. 497.)
16 USC 666. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time, out
of any money in the Treasury not otherwise appropriated, such amounts as
may be necessary to carry out the provisions of sections 661 to 666c of
this title and regulations made pursuant thereto, including the
construction of such facilities, buildings, and other improvements
necessary for economical administration of areas made available to the
Secretary of the Interior under said sections, and the employment in the
city of Washington and elsewhere of such persons and means as the
Secretary of the Interior may deem necessary for such purposes.
(Mar. 10 1934, ch. 55, 6, 48 Stat. 402; Aug. 14, 1946, ch. 965, 60
Stat. 1080.)
1946 -- Act Aug. 14, 1946, amended section generally to provide for
the necessary appropriations to carry out the purposes of sections 661
to 666c of this title.
16 USC 666a. Penalties
TITLE 16 -- CONSERVATION
Any person who shall violate any rule or regulation promulgated in
accordance with sections 661 to 666c of this title shall be guilty of a
misdemeanor and upon conviction thereof shall be fined not more than
$500 or imprisoned for not more than one year, or both.
(Mar. 10, 1934, ch. 55, 7, as added Aug. 14, 1946, ch. 965, 60 Stat.
1080.)
16 USC 666b. Definitions
TITLE 16 -- CONSERVATION
The terms ''wildlife'' and ''wildlife resources'' as used herein
include birds, fishes, mammals, and all other classes of wild animals
and all types of aquatic and land vegetation upon which wildlife is
dependent.
(Mar. 10, 1934, ch. 55, 8, as added Aug. 14, 1946, ch. 965, 60 Stat.
1080.)
Herein, referred to in text, means act Mar. 10, 1934, ch. 55, 48
Stat. 401, which is classified generally to sections 661 to 666c of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 661 of this title and Tables.
16 USC 666c. Applicability to Tennessee Valley Authority
TITLE 16 -- CONSERVATION
The provisions of sections 661 to 666c of this title shall not apply
to the Tennessee Valley Authority.
(Mar. 10, 1934, ch. 55, 9, as added Aug. 14, 1946, ch. 965, 60 Stat.
1080.)
16 USC 666d. Skagit National Wildlife Refuge; exchange of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion, at
any time within ten years from October 6, 1949, to accept from the State
of Washington on behalf of the United States title to any lands in the
State of Washington which he deems chiefly valuable for wildlife refuge
purposes, and which are equivalent in value to the lands of the United
States within the Skagit National Wildlife Refuge, and in exchange
therefor to convey by deed on behalf of the United States to the State
of Washington the said lands of the United States in the Skagit National
Wildlife Refuge.
(Oct. 6, 1949, ch. 619, 1, 63 Stat. 708.)
16 USC 666e. Administration of acquired lands
TITLE 16 -- CONSERVATION
Any lands acquired by the Secretary of the Interior under the terms
of this section and section 666d of this title, if located within or
adjacent to an existing wildlife refuge or reservation, immediately
shall become a part of such refuge or reservation and shall be
administered under the laws and regulations applicable thereto, and, if
not so located, may be administered as a migratory-waterfowl management
area, refuge, reservation, or breeding ground in accordance with the
provisions of sections 661 to 666c of this title, and Acts supplementary
thereto.
(Oct. 6, 1949, ch. 619, 2, 63 Stat. 708.)
16 USC 666f. Wildlife conservation and agricultural, industrial,
recreational, and related uses for certain Federal lands; transfer of
lands to Secretary of the Interior; administration, development, and
disposition
TITLE 16 -- CONSERVATION
In order to promote the orderly development and use of the lands and
interests therein acquired by the United States in connection with the
Crab Orchard Creek project and the Illinois Ordnance Plant in
Williamson, Jackson, and Union Counties, Illinois, consistent with the
needs of agriculture, industry, recreation, and wildlife conservation,
all of the interests of the United States in and to such lands are
hereby transferred to the Secretary of the Interior for administration,
development, and disposition, in accordance with the provisions of this
section and section 666g of this title.
(Aug. 5, 1947, ch. 489, 1, 61 Stat. 770.)
16 USC 666g. Classification of lands; industrial leases; moneys
subject to section 715s of this title; administration; jurisdiction of
Federal agencies
TITLE 16 -- CONSERVATION
All of the lands transferred to the Secretary of the Interior,
pursuant to the provisions of section 666f of this title and this
section, first shall be classified by him with a view to determining, in
cooperation with Federal, State, and public or private agencies and
organizations, the most beneficial use that may be made thereof to carry
out the purposes of section 666f of this title and this section,
including the development of wildlife conservation, agricultural,
recreational, industrial, and related purposes. Such lands as have been
or may hereafter be determined to be chiefly valuable for industrial
purposes shall be leased for such purposes at such time and under such
terms and conditions as the Secretary of the Interior shall prescribe.
All moneys received or collected in connection with such leases shall be
subject to the provisions of section 715s of this title. Except to the
extent otherwise provided in section 666f of this title and this
section, all lands herein transferred shall be administered by the
Secretary of the Interior through the Fish and Wildlife Service in
accordance with the provisions of sections 661 to 666c of this title,
and Acts supplementary thereto and amendatory thereof for the
conservation of wildlife, and for the development of the agricultural,
recreational, industrial, and related purposes specified in section 666f
of this title and this section: Provided, That no jurisdiction shall be
exercised by the Secretary of the Interior over that portion of such
lands and the improvements thereon which are now utilized by the
Department of the Army directly or indirectly until such time as it is
determined by the Secretary of the Army that utilization of such
portions of such lands and the improvements thereon directly or
indirectly by the Department of the Army is no longer required:
Provided further, That, subsequent to the determination referred to in
the preceding proviso, the lands and improvements mentioned therein
shall be administered by the Secretary of the Interior, and any lease or
other disposition thereof shall be made subject to such terms,
conditions, restrictions, and reservations imposed by the Secretary of
the Army as will, in the opinion of the Secretary of the Army, be
adequate to assure the continued availability for war production
purposes of such lands and improvements.
(Aug. 5, 1947, ch. 489, 2, 61 Stat. 770; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Nov. 8, 1978, Pub. L. 95-616, 8, 92
Stat. 3114.)
Section 715s of this title, referred to in text, was in the original
''the Act of June 15, 1935, as amended (49 Stat. 383; 16 U.S.C.
715s)''.
1978 -- Pub. L. 95-616 substituted in second sentence ''terms and
conditions as the Secretary of the Interior shall prescribe'' for
''terms and conditions as are consistent with the general purposes of
section 2 of the Surplus Property Act of 1944, as amended, and with the
purposes of section 666f of this title and this section'' and made
moneys received or collected in connection with the leases to be subject
to section 715s of this title.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
16 USC 667. Game management supply depots; appropriations
TITLE 16 -- CONSERVATION
Appropriations made for the administration, protection, maintenance,
control, improvements, and development of wildlife sanctuaries,
reservations, and refuges under the control of the Secretary of the
Interior shall be available for the purchase, transportation, and
handling of supplies and materials for distribution at cost from game
management supply depots maintained by the Department of the Interior to
projects specially provided for, and transfers between the
appropriations for said purposes are authorized in order that the cost
of supplies and materials, and transportation and handling thereof,
drawn from central warehouses so maintained may be charged to the
particular project benefited; and such supplies and materials as remain
in said depots at the end of any fiscal year shall be continuously
available for issuance during subsequent fiscal years and to be charged
for by such transfers of funds between said appropriations for the
fiscal year then current without decreasing in any way the
appropriations made for that fiscal year: Provided, That supplies and
materials shall not be purchased solely for the purpose of increasing
the value of storehouse stock beyond reasonable requirements for any
current fiscal year.
(June 24, 1936, ch. 764, 49 Stat. 1913; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Former first sentence provided for establishment of a game management
supply depot and laboratory at Pocatello, Idaho.
See Transfer of Functions note set out under section 661 of this
title.
16 USC 667a. Omitted
TITLE 16 -- CONSERVATION
Section, act June 8, 1940, ch. 295, 1-4, 54 Stat. 261, authorized
compacts or agreements between or among the States bordering on the
Atlantic Ocean with respect to fishing in the territorial waters and
bays and inlets of the Atlantic Ocean on which such States border.
Act May 4, 1942, ch. 283, 1-4, 56 Stat. 267, granted the consent
and approval of Congress to an interstate compact relating to the better
utilization of the fisheries (marine, shell, and anadromous) of the
Atlantic seaboard and creating the Atlantic States Marine Fisheries
Commission.
Act Aug. 19, 1950, ch. 763, 1-4, 64 Stat. 467, granted the
consent and approval of Congress to an amendment to the Atlantic States
Marine Fisheries Compact and repealed limitation on the life of such
compact.
16 USC 667b. Transfer of certain real property for wildlife
conservation purposes; reservation of rights
TITLE 16 -- CONSERVATION
Upon request, real property which is under the jurisdiction or
control of a Federal agency and no longer required by such agency, (1)
can be utilized for wildlife conservation purposes by the agency of the
State exercising administration over the wildlife resources of the State
wherein the real property lies or by the Secretary of the Interior; and
(2) is valuable for use for any such purpose, and which, in the
determination of the Administrator of General Services, is available for
such use may, notwithstanding any other provisions of law, be
transferred without reimbursement or transfer of funds (with or without
improvements as determined by said Administrator) by the Federal agency
having jurisdiction or control of the property to (a) such State agency
if the management thereof for the conservation of wildlife relates to
other than migratory birds, or (b) to the Secretary of the Interior if
the real property has particular value in carrying out the national
migratory bird management program. Any such transfer to other than the
United States shall be subject to the reservation by the United States
of all oil, gas, and mineral rights, and to the condition that the
property shall continue to be used for wildlife conservation or other of
the above-stated purposes and in the event it is no longer used for such
purposes or in the event it is needed for national defense purposes
title thereto shall revert to the United States.
(May 19, 1948, ch. 310, 1, 62 Stat. 240; June 30, 1949, ch. 288,
title I, 105, 63 Stat. 381; Sept. 26, 1972, Pub. L. 92-432, 86 Stat.
723.)
1972 -- Cl. (2). Pub. L. 92-432 struck out ''chiefly'' before
''valuable for use''.
Functions, records, property, etc., of War Assets Administration
transferred to General Services Administration, functions of War Assets
Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished
by section 105 of act June 30, 1949. Transfer of functions effective
July 1, 1949, see Effective Date note set out under section 471 of Title
40, Public Buildings, Property, and Works.
16 USC 667c. Publication of designating order
TITLE 16 -- CONSERVATION
Whenever any real property is transferred pursuant to sections 667b
to 667d of this title, the Administrator of General Services shall make
and have published in the Federal Register an appropriate order, which
may be revised from time to time in like manner, designating for which
of the purposes specified in section 667b of this title the property so
transferred shall be used.
(May 19, 1948, ch. 310, 2, 62 Stat. 241; June 30, 1949, ch. 288,
title I, 105, 63 Stat. 381.)
Functions, records, property, etc., of War Assets Administration
transferred to General Services Administration, functions of War Assets
Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished
by section 105 of act June 30, 1949. Transfer of functions effective
July 1, 1949, see Effective Date note set out under section 471 of Title
40, Public Buildings, Property, and Works.
16 USC 667d. Reports to Congress
TITLE 16 -- CONSERVATION
A statement of the acreage and value of such property as may have
been transferred pursuant to sections 667b to 667d of this title during
the preceding fiscal year shall be annually prepared by the
Administrator of General Services and shall be included in the annual
budget transmitted to the Congress.
(May 19, 1948, ch. 310, 3, 62 Stat. 241; June 30, 1949, ch. 288,
title I, 105, 63 Stat. 381.)
Functions, records, property, etc., of War Assets Administration
transferred to General Services Administration, functions of War Assets
Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished
by section 105 of act June 30, 1949. Transfer of functions effective
July 1, 1949, see Effective Date note set out under section 471 of Title
40, Public Buildings, Property, and Works.
16 USC 667e. Repealed. Pub. L. 97-79, 9(b)(2), Nov. 16, 1981, 95
Stat. 1079
TITLE 16 -- CONSERVATION
Section, act May 25, 1900, ch. 553, 5, 31 Stat. 188, provided that
the dead bodies of game animals or game or song birds be subject to the
laws of the State into which they are transported. See section 3378(a)
of this title.
16 USC SUBCHAPTER II -- PROTECTION OF BALD AND GOLDEN EAGLES
TITLE 16 -- CONSERVATION
16 USC 668. Bald and golden eagles
TITLE 16 -- CONSERVATION
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any place subject to the
jurisdiction thereof, without being permitted to do so as provided in
this subchapter, shall knowingly, or with wanton disregard for the
consequences of his act take, possess, sell, purchase, barter, offer to
sell, purchase or barter, transport, export or import, at any time or in
any manner any bald eagle commonly known as the American eagle or any
golden eagle, alive or dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit or regulation issued
pursuant to this subchapter, shall be fined not more than $5,000 or
imprisoned not more than one year or both: Provided, That in the case
of a second or subsequent conviction for a violation of this section
committed after October 23, 1972, such person shall be fined not more
than $10,000 or imprisoned not more than two years, or both: Provided
further, That the commission of each taking or other act prohibited by
this section with respect to a bald or golden eagle shall constitute a
separate violation of this section: Provided further, That one-half of
any such fine, but not to exceed $2,500, shall be paid to the person or
persons giving information which leads to conviction: Provided further,
That nothing herein shall be construed to prohibit possession or
transportation of any bald eagle, alive or dead, or any part, nest, or
egg thereof, lawfully taken prior to June 8, 1940, and that nothing
herein shall be construed to prohibit possession or transportation of
any golden eagle, alive or dead, or any part, nest, or egg thereof,
lawfully taken prior to the addition to this subchapter of the
provisions relating to preservation of the golden eagle.
(b) Civil penalties
Whoever, within the United States or any place subject to the
jurisdiction thereof, without being permitted to do so as provided in
this subchapter, shall take, possess, sell, purchase, barter, offer to
sell, purchase or barter, transport, export or import, at any time or in
any manner, any bald eagle, commonly known as the American eagle, or any
golden eagle, alive or dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit or regulation issued
pursuant to this subchapter, may be assessed a civil penalty by the
Secretary of not more than $5,000 for each such violation. Each
violation shall be a separate offense. No penalty shall be assessed
unless such person is given notice and opportunity for a hearing with
respect to such violation. In determining the amount of the penalty,
the gravity of the violation, and the demonstrated good faith of the
person charged shall be considered by the Secretary. For good cause
shown, the Secretary may remit or mitigate any such penalty. Upon any
failure to pay the penalty assessed under this section, the Secretary
may request the Attorney General to institute a civil action in a
district court of the United States for any district in which such
person is found or resides or transacts business to collect the penalty
and such court shall have jurisdiction to hear and decide any such
action. In hearing any such action, the court must sustain the
Secretary's action if supported by substantial evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has issued a lease, license,
permit, or other agreement authorizing the grazing of domestic livestock
on Federal lands to any person who is convicted of a violation of this
subchapter or of any permit or regulation issued hereunder may
immediately cancel each such lease, license, permit, or other agreement.
The United States shall not be liable for the payment of any
compensation, reimbursement, or damages in connection with the
cancellation of any lease, license, permit, or other agreement pursuant
to this section.
(June 8, 1940, ch. 278, 1, 54 Stat. 250; June 25, 1959, Pub. L.
86-70, 14, 73 Stat. 143; Oct. 24, 1962, Pub. L. 87-884, 76 Stat.
1246; Oct. 23, 1972, Pub. L. 92-535, 1, 86 Stat. 1064.)
Prior to the addition to this subchapter of the provisions relating
to preservation of the golden eagle, referred to in subsec. (a), means
prior to Oct. 24, 1962, the date such provisions were enacted by Pub.
L. 87-884 as an amendment of this section and section 668a of this
title.
1972 -- Pub. L. 92-535 designated existing provisions as subsec.
(a), substituted ''shall knowingly, or with wanton disregard for the
consequences of his act take'' for ''shall take'', increased fine and
imprisonment terms from $500 or six months to $5,000 or one year, and
inserted provisions that a second conviction carry a penalty of $10,000
fine or imprisonment of not more than two years, that each taking
constitute a separate offense, and that informers be rewarded one-half
of the fine not exceeding $2,500, and added subsecs. (b) and (c).
1962 -- Pub. L. 87-884 extended prohibitions against the enumerated
acts to the golden eagle and changed proviso by substituting ''bald
eagle'', ''June 8, 1940'' and ''and that nothing in said sections shall
be construed to prohibit possession or transportation of any golden
eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken
prior to the addition to said sections of the provisions relating to
preservation of the golden eagle'' for ''such eagle,'' ''the effective
date of said sections'' and ''but the proof of such taking shall lie
upon the accused in any prosecution under said sections'', respectively.
1959 -- Pub. L. 86-70 struck out ''except the Territory of Alaska,''
after ''subject to the jurisdiction thereof,''.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with this subchapter with respect to
pre-construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office
of Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Enacting clause of act June 8, 1940, provided:
''Whereas the Continental Congress in 1782 adopted the bald eagle as
the national symbol; and
''Whereas the bald eagle thus became the symbolic representation of a
new nation under a new government in a new world; and
''Whereas by that act of Congress and by tradition and custom during
the life of this Nation, the bald eagle is no longer a mere bird of
biological interest but a symbol of the American ideals of freedom; and
''Whereas the bald eagle is now threatened with extinction:
Therefore
''Be it enacted * * *'', etc.
16 USC 668a. Taking and using of the bald and golden eagle for
scientific, exhibition, and religious purposes
TITLE 16 -- CONSERVATION
Whenever, after investigation, the Secretary of the Interior shall
determine that it is compatible with the preservation of the bald eagle
or the golden eagle to permit the taking, possession, and transportation
of specimens thereof for the scientific or exhibition purposes of public
museums, scientific societies, and zoological parks, or for the
religious purposes of Indian tribes, or that it is necessary to permit
the taking of such eagles for the protection of wildlife or of
agricultural or other interests in any particular locality, he may
authorize the taking of such eagles pursuant to regulations which he is
hereby authorized to prescribe: Provided, That on request of the
Governor of any State, the Secretary of the Interior shall authorize the
taking of golden eagles for the purpose of seasonally protecting
domesticated flocks and herds in such State, in accordance with
regulations established under the provisions of this section, in such
part or parts of such State and for such periods as the Secretary
determines to be necessary to protect such interests: Provided further,
That bald eagles may not be taken for any purpose unless, prior to such
taking, a permit to do so is procured from the Secretary of the
Interior: Provided further, That the Secretary of the Interior,
pursuant to such regulations as he may prescribe, may permit the taking,
possession, and transportation of golden eagles for the purposes of
falconry, except that only golden eagles which would be taken because of
depredations on livestock or wildlife may be taken for purposes of
falconry: Provided further, That the Secretary of the Interior,
pursuant to such regulations as he may prescribe, may permit the taking
of golden eagle nests which interfere with resource development or
recovery operations.
(June 8, 1940, ch. 278, 2, 54 Stat. 251; Oct. 24, 1962, Pub. L.
87-884, 76 Stat. 1246; Oct. 23, 1972, Pub. L. 92-535, 2, 86 Stat.
1065; Nov. 8, 1979, Pub. L. 95-616, 9, 92 Stat. 3114.)
1978 -- Pub. L. 95-616 authorized taking of golden eagle nests which
interfere with resource development or recovery operations.
1972 -- Pub. L. 92-535 inserted proviso that the Secretary of the
Interior may permit the taking, possession, and transportation of golden
eagles for the purposes of falconry with exception that only golden
eagles that cause depredations on livestock and wildlife may be taken
for falconry.
1962 -- Pub. L. 87-884 extended provisions of section to the golden
eagle, permitted the taking of specimens for the religious purposes of
Indian tribes and authorized the taking of golden eagles for purpose of
seasonally protecting domesticated flocks and herds.
16 USC 668b. Enforcement provisions
TITLE 16 -- CONSERVATION
(a) Arrest; search; issuance and execution of warrants and process
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this subchapter
may, without warrant, arrest any person committing in his presence or
view a violation of this subchapter or of any permit or regulations
issued hereunder and take such person immediately for examination or
trial before an officer or court of competent jurisdiction; may execute
any warrant or other process issued by an officer or court of competent
jurisdiction for the enforcement of the provisions of this subchapter;
and may, with or without a warrant, as authorized by law, search any
place. The Secretary of the Interior is authorized to enter into
cooperative agreements with State fish and wildlife agencies or other
appropriate State authorities to facilitate enforcement of this
subchapter, and by said agreements to delegate such enforcement
authority to State law enforcement personnel as he deems appropriate for
effective enforcement of this subchapter. Any judge of any court
established under the laws of the United States, and any United States
magistrate judge may, within his respective jurisdiction, upon proper
oath or affirmation showing probable cause, issue warrants in all such
cases.
(b) Forfeiture
All bald or golden eagles, or parts, nests, or eggs thereof, taken,
possessed, sold, purchased, bartered, offered for sale, purchase, or
barter, transported, exported, or imported contrary to the provisions of
this subchapter, or of any permit or regulation issued hereunder, and
all guns, traps, nets, and other equipment, vessels, vehicles, aircraft,
and other means of transportation used to aid in the taking, possessing,
selling, purchasing, bartering, offering for sale, purchase, or barter,
transporting, exporting, or importing of any bird, or part, nest, or egg
thereof, in violation of this subchapter or of any permit or regulation
issued hereunder shall be subject to forfeiture to the United States.
(c) Customs laws applied
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof, and
the remission or mitigation of such forfeitures, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this subchapter, insofar as such provisions of
law are applicable and not inconsistent with the provisions of this
subchapter: Provided, That all powers, rights, and duties conferred or
imposed by the customs laws upon any officer or employee of the Treasury
Department shall, for the purposes of this subchapter, be exercised or
performed by the Secretary of the Interior or by such persons as he may
designate.
(June 8, 1940, ch. 278, 3, 54 Stat. 251; Oct. 17, 1968, Pub. L.
90-578, title IV, 402(b)(2), 82 Stat. 1118; Oct. 23, 1972, Pub. L.
92-535, 3, 86 Stat. 1065; Dec. 1, 1990, Pub. L. 101-650, title III,
321, 104 Stat. 5117.)
1972 -- Pub. L. 92-535 substituted provisions relating to
enforcement of this subchapter including arrest, without warrant,
issuance and execution of warrants and process, search, forfeiture, and
applicability of certain customs laws, for provisions incorporating
provisions of section 706 in haec verba.
''United States magistrate judge'' substituted for ''United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' in subsec. (a) pursuant
to Pub. L. 90-578. See chapter 43 ( 631 et seq.) of Title 28.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with this subchapter with respect to
pre-construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office
of Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
16 USC 668c. Definitions
TITLE 16 -- CONSERVATION
As used in this subchapter ''whoever'' includes also associations,
partnerships, and corporations; ''take'' includes also pursue, shoot,
shoot at, poison, wound, kill, capture, trap, collect, molest or
disturb; ''transport'' includes also ship, convey, carry, or transport
by any means whatever, and deliver or receive or cause to be delivered
or received for such shipment, conveyance, carriage, or transportation.
(June 8, 1940, ch. 278, 4, 54 Stat. 251; Oct. 23, 1972, Pub. L.
92-535, 4, 86 Stat. 1065.)
1972 -- Pub. L. 92-535 substituted ''poison, wound, kill, capture,
trap, collect, molest'' for ''wound, kill, capture, trap, collect, or
otherwise willfully molest''.
16 USC 668d. Availability of appropriations for Migratory Bird Treaty
Act
TITLE 16 -- CONSERVATION
Moneys now or hereafter available to the Secretary of the Interior
for the administration and enforcement of the Migratory Bird Treaty Act
of July 3, 1918 (16 U.S.C. 703 et seq.), shall be equally available for
the administration and enforcement of this subchapter.
(June 8, 1940, ch. 278, 5, 54 Stat. 251.)
The Migratory Bird Treaty Act, referred to in text, is act July 3,
1918, ch. 128, 40 Stat. 755, as amended, which is classified generally
to subchapter II ( 703 et seq.) of chapter 7 of this title. For
complete classification of this Act to the Code, see section 710 of this
title and Tables.
16 USC SUBCHAPTER III -- ENDANGERED SPECIES OF FISH AND WILDLIFE
TITLE 16 -- CONSERVATION
16 USC 668aa to 668cc-6. Repealed. Pub. L. 93-205, 14, Dec. 28,
1973, 87 Stat. 903
TITLE 16 -- CONSERVATION
The provisions of sections 668aa to 668cc-6, which, pursuant to
section 12(d) of Pub. L. 91-135, Dec. 5, 1969, 83 Stat. 283, were
known as the ''Endangered Species Conservation Act of 1969'', are
covered by section 1531 et seq. of this title.
Section 668aa, Pub. L. 89-669, 1, Oct. 15, 1966, 80 Stat. 926;
Pub. L. 91-135, 12(a), (e), Dec. 5, 1969, 83 Stat. 282, 283, set out
the Congressional findings, declaration of policy, and statement of
purposes in seeking the protection of endangered species of fish and
wildlife.
Section 668bb, Pub. L. 89-669, 2, Oct. 15, 1966, 80 Stat. 926;
Pub. L. 91-135, 12(b), (c), Dec. 5, 1969, 83 Stat. 282, set out the
powers and duties of the Secretary of the Interior in carrying out the
mandate of the Endangered Species Conservation Act of 1969.
Section 668cc, Pub. L. 89-669, 3, Oct. 15, 1966, 80 Stat. 927,
covered the Secretary's duty to cooperate with the States, area
administration, management agreements, and disposition of revenues.
Section 668cc-1, Pub. L. 91-135, 1, Dec. 5, 1969, 83 Stat. 275,
defined ''Secretary'', ''fish or wildlife'', ''United States'', and
''person''.
Section 668cc-2, Pub. L. 91-135, 2, Dec. 5, 1969, 83 Stat. 275,
covered importation of endangered species and set out civil and criminal
penalties by reference to provisions of section 668cc-4 of this title.
Section 668cc-3, Pub. L. 91-135, 3, Dec. 5, 1969, 83 Stat. 275,
provided for determination by the Secretary of the species threatened
with extinction, methods to be used and factors determinative of
Secretary's determination, and rule making procedures to be used.
Section 668cc-4, Pub. L. 91-135, 4, Dec. 5, 1969, 83 Stat. 276,
set out penalties for violation of sections 668cc-2 and 668cc-3 of this
title and provisions for their enforcement.
Section 668cc-5, Pub. L. 91-135, 5, Dec. 5, 1969, 83 Stat. 278,
covered international agreements for fish and wildlife preservation.
Section 668cc-6, Pub. L. 91-135, 6, Dec. 5, 1969, 83 Stat. 278,
called for coordination of administration of provisions relating to
endangered species of fish and wildlife with animal quarantine and
tariff laws, and provided for non-impairment of functions of Secretaries
of Agriculture and Treasury under agriculture and tariff laws, including
imports.
Repeal effective Dec. 28, 1973, see section 16 of Pub. L. 93-205,
set out as an Effective Date note under section 1531 of this title.
16 USC 668dd. National Wildlife Refuge System
TITLE 16 -- CONSERVATION
(a) Designation; administration; continuance of
resources-management-programs for refuge lands in Alaska; disposal of
acquired lands; proceeds
(1) For the purpose of consolidating the authorities relating to the
various categories of areas that are administered by the Secretary of
the Interior for the conservation of fish and wildlife, including
species that are threatened with extinction, all lands, waters, and
interests therein administered by the Secretary as wildlife refuges,
areas for the protection and conservation of fish and wildlife that are
threatened with extinction, wildlife ranges, game ranges, wildlife
management areas, or waterfowl production areas are hereby designated as
the ''National Wildlife Refuge System'' (referred to herein as the
''System''), which shall be subject to the provisions of this section,
and shall be administered by the Secretary through the United States
Fish and Wildlife Service. With respect to refuge lands in the State of
Alaska, those programs relating to the management of resources for which
any other agency of the Federal Government exercises administrative
responsibility through cooperative agreement shall remain in effect,
subject to the direct supervision of the United States Fish and Wildlife
Service, as long as such agency agrees to exercise such responsibility.
(2) No acquired lands which are or become a part of the System may be
transferred or otherwise disposed of under any provision of law (except
by exchange pursuant to subsection (b)(3) of this section) unless --
(A) the Secretary of the Interior determines with the approval of the
Migratory Bird Conservation Commission that such lands are no longer
needed for the purposes for which the System was established; and
(B) such lands are transferred or otherwise disposed of for an amount
not less than --
(i) the acquisition costs of such lands, in the case of lands of the
System which were purchased by the United States with funds from the
migratory bird conservation fund, or fair market value, whichever is
greater; or
(ii) the fair market value of such lands (as determined by the
Secretary as of the date of the transfer or disposal), in the case of
lands of the System which were donated to the System.
The Secretary shall pay into the migratory bird conservation fund the
aggregate amount of the proceeds of any transfer or disposal referred to
in the preceding sentence.
(3) Each area which is included within the System on January 1, 1975,
or thereafter, and which was or is --
(A) designated as an area within such System by law, Executive order,
or secretarial order; or
(B) so included by public land withdrawal, donation, purchase,
exchange, or pursuant to a cooperative agreement with any State or local
government, any Federal department or agency, or any other governmental
entity,
shall continue to be a part of the System until otherwise specified
by Act of Congress, except that nothing in this paragraph shall be
construed as precluding --
(i) the transfer or disposal of acquired lands within any such area
pursuant to paragraph (2) of this subsection;
(ii) the exchange of lands within any such area pursuant to
subsection (b)(3) of this section; or
(iii) the disposal of any lands within any such area pursuant to the
terms of any cooperative agreement referred to in subparagraph (B) of
this paragraph.
(b) Administration; public accommodations contracts; acceptance and
use of funds; exchange of properties; cash equalization payments
In administering the System, the Secretary is authorized --
(1) to enter into contracts with any person or public or private
agency through negotiation for the provision of public accommodations
when, and in such locations, and to the extent that the Secretary
determines will not be inconsistent with the primary purpose for which
the affected area was established.
(2) to accept donations of funds and to use such funds to acquire or
manage lands or interests therein, and
(3) to acquire lands or interests therein by exchange (A) for
acquired lands or public lands, or for interests in acquired or public
lands, under his jurisdiction which he finds to be suitable for
disposition, or (B) for the right to remove, in accordance with such
terms and conditions as he may prescribe, products from the acquired or
public lands within the System. The values of the properties so
exchanged either shall be approximately equal, or if they are not
approximately equal the values shall be equalized by the payment of cash
to the grantor or to the Secretary as the circumstances require.
(c) Prohibited and permitted activities; application of mining and
mineral leasing laws, hunting or fishing regulations, and State laws or
regulations
No person shall knowingly disturb, injure, cut, burn, remove,
destroy, or possess any real or personal property of the United States,
including natural growth, in any area of the System; or take or possess
any fish, bird, mammal, or other wild vertebrate or invertebrate animals
or part or nest or egg thereof within any such area; or enter, use, or
otherwise occupy any such area for any purpose; unless such activities
are performed by persons authorized to manage such area, or unless such
activities are permitted either under subsection (d) of this section or
by express provision of the law, proclamation, Executive order, or
public land order establishing the area, or amendment thereof:
Provided, That the United States mining and mineral leasing laws shall
continue to apply to any lands within the System to the same extent they
apply prior to October 15, 1966, unless subsequently withdrawn under
other authority of law. With the exception of endangered species and
threatened species listed by the Secretary pursuant to section 1533 of
this title in States wherein a cooperative agreement does not exist
pursuant to section 1535(c) of this title, nothing in this Act shall be
construed to authorize the Secretary to control or regulate hunting or
fishing of resident fish and wildlife on lands not within the system.
The regulations permitting hunting and fishing of resident fish and
wildlife within the System shall be, to the extent practicable,
consistent with State fish and wildlife laws and regulations. The
provisions of this Act shall not be construed as affecting the
authority, jurisdiction, or responsibility of the several States to
manage, control, or regulate fish and resident wildlife under State law
or regulations in any area within the System.
(d) Use of areas; administration of migratory bird sanctuaries as
game taking areas; rights of way, easements, and reservations; payment
of fair market value
(1) The Secretary is authorized, under such regulations as he may
prescribe, to --
(A) permit the use of any area within the System for any purpose,
including but not limited to hunting, fishing, public recreation and
accommodations, and access whenever he determines that such uses are
compatible with the major purposes for which such areas were
established: Provided, That not to exceed 40 per centum at any one time
of any area that has been, or hereafter may be acquired, reserved, or
set apart as an inviolate sanctuary for migratory birds, under any law,
proclamation, Executive order, or public land order may be administered
by the Secretary as an area within which the taking of migratory game
birds may be permitted under such regulations as he may prescribe unless
the Secretary finds that the taking of any species of migratory game
birds in more than 40 percent of such area would be beneficial to the
species; and
(B) permit the use of, or grant easements in, over, across, upon,
through, or under any areas within the System for purposes such as but
not necessarily limited to, powerlines, telephone lines, canals,
ditches, pipelines, and roads, including the construction, operation,
and maintenance thereof, whenever he determines that such uses are
compatible with the purposes for which these areas are established.
(2) Notwithstanding any other provision of law, the Secretary of the
Interior may not grant to any Federal, State, or local agency or to any
private individual or organization any right-of-way, easement, or
reservation in, over, across, through, or under any area within the
system in connection with any use permitted by him under paragraph
(1)(B) of this subsection unless the grantee pays to the Secretary, at
the option of the Secretary, either (A) in lump sum the fair market
value (determined by the Secretary as of the date of conveyance to the
grantee) of the right-of-way, easement, or reservation; or (B) annually
in advance the fair market rental value (determined by the Secretary) of
the right-of-way, easement, or reservation. If any Federal, State, or
local agency is exempted from such payment by any other provision of
Federal law, such agency shall otherwise compensate the Secretary by any
other means agreeable to the Secretary, including, but not limited to,
making other land available or the loan of equipment or personnel;
except that (A) any such compensation shall relate to, and be consistent
with, the objectives of the National Wildlife Refuge System, and (B) the
Secretary may waive such requirement for compensation if he finds such
requirement impracticable or unnecessary. All sums received by the
Secretary of the Interior pursuant to this paragraph shall, after
payment of any necessary expenses incurred by him in administering this
paragraph, be deposited into the Migratory Bird Conservation Fund and
shall be available to carry out the provisions for land acquisition of
the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the
Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et seq.).
(e) Penalties
Any person who violates or fails to comply with any of the provisions
of this Act or any regulations issued thereunder shall be fined under
title 18 or imprisoned for not more than 1 year, or both.
(f) Enforcement provision; arrests, searches, and seizures; custody
of property; forfeitures; disposition
Any person authorized by the Secretary of the Interior to enforce the
provisions of this Act or any regulations issued thereunder, may,
without a warrant, arrest any person violating this Act or regulations
in his presence or view, and may execute any warrant or other process
issued by an officer or court of competence jurisdiction to enforce the
provisions of this Act or regulations, and may with a search warrant
search for and seize any property, fish, bird, mammal, or other wild
vertebrate or invertebrate animals or part or nest or egg thereof, taken
or possessed in violation of this Act or the regulations issued
thereunder. Any property, fish, bird, mammal, or other wild vertebrate
or invertebrate animals or part or egg thereof seized with or without a
search warrant shall be held by such person or by a United States
marshal, and upon conviction, shall be forfeited to the United States
and disposed of by the Secretary, in accordance with law. The Director
of the United States Fish and Wildlife Service is authorized to utilize
by agreement, with or without reimbursement, the personnel and services
of any other Federal or State agency for purposes of enhancing the
enforcement of this Act.
(g) Regulations; continuation, modification, or rescission
Regulations applicable to areas of the System that are in effect on
October 15, 1966, shall continue in effect until modified or rescinded.
(h) National conservation recreational area provisions; amendment,
repeal, or modification
Nothing in this section shall be construed to amend, repeal, or
otherwise modify the provision of the Act of September 28, 1962 (76
Stat. 653; 16 U.S.C. 460k -- 460k-4) which authorizes the Secretary of
the Interior to administer the areas within the System for public
recreation. The provisions of this section relating to recreation shall
be administered in accordance with the provisions of said sections.
(i) Exemption from State water laws
Nothing in this Act shall constitute an express or implied claim or
denial on the part of the Federal Government as to exemption from State
water laws.
(Pub. L. 89-669, 4, Oct. 15, 1966, 80 Stat. 927; Pub. L. 90-404,
1, July 18, 1968, 82 Stat. 359; Pub. L. 93-205, 13(a), Dec. 28, 1973,
87 Stat. 902; Pub. L. 93-509, 2, Dec. 3, 1974, 88 Stat. 1603; Pub. L.
94-215, 5, Feb. 17, 1976, 90 Stat. 190; Pub. L. 94-223, Feb. 27,
1976, 90 Stat. 199; Pub. L. 95-616, 3(f), 6, Nov. 8, 1978, 92 Stat.
3111, 3114; Pub. L. 100-226, 4, Dec. 31, 1987, 101 Stat. 1551; Pub.
L. 100-653, title IX, 904, Nov. 14, 1988, 102 Stat. 3834.)
The United States mining laws, referred to in subsec. (c), are
classified generally to Title 30, Mineral Lands and Mining.
The United States mineral leasing laws, referred to in subsec. (c),
have been defined in sections 351, 505, 530, and 541e of Title 30, to
mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch.
85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb.
7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was
repealed by Pub. L. 86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act
of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified
generally to chapter 3A ( 181 et seq.) of Title 30. The act of Apr.
17, 1926, is classified generally to subchapter VIII ( 271 et seq.) of
chapter 3A of Title 30. The act of Feb. 7, 1927, is classified
principally to subchapter IX ( 281 et seq.) of chapter 3A of Title 30.
For complete classification of these Acts to the Code, see Tables.
This Act, referred to in subsecs. (c), (e), (f), and (i), means Pub.
L. 89-669, Oct. 15, 1966, 80 Stat. 927, as amended, which enacted
sections 668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to
715k, 718d, and repealed sections 715d-1, 715d-2, 715l, 715m of this
title. For complete classification of this Act to the Code, see Tables.
The Migratory Bird Conservation Act, referred to in subsec. (d)(2),
is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III ( 715 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
The Migratory Bird Hunting Stamp Act, referred to in subsec. (d)(2),
is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is
classified generally to subchapter IV ( 718 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 718 of this title and Tables.
Act of September 28, 1962, referred to in subsec. (h), popularly
known as the Refuge Recreation Act, is classified to subchapter LXVIII (
460k et seq.) of chapter 1 of this title.
1988 -- Subsec. (e). Pub. L. 100-653 substituted ''thereunder shall
be fined under title 18 or imprisoned for not more than 1 year, or
both'' for ''thereunder shall be fined not more than $500 or be
imprisoned not more than six months, or both''.
1987 -- Subsec. (f). Pub. L. 100-226 inserted at end ''The Director
of the United States Fish and Wildlife Service is authorized to utilize
by agreement, with or without reimbursement, the personnel and services
of any other Federal or State agency for purposes of enhancing the
enforcement of this Act.''
1978 -- Subsec. (d)(1)(A). Pub. L. 95-616, 6, authorized the
Secretary to find that the taking of any species of migratory birds in
more than 40 percent of the area would be beneficial to the species.
Subsec. (f). Pub. L. 95-616, 3(f), substituted ''disposed of by the
Secretary, in accordance with law'' for ''disposed of by the court''.
1976 -- Subsec. (a). Pub. L. 94-223 designated existing first
sentence as par. (1), provided for administration of the System by the
Secretary of the Interior through the United States Fish and Wildlife
Service and inserted provision respecting continuance of programs
relating to management of resources in refuge lands in Alaska, subject
to direct supervision of the United States Fish and Wildlife Service;
struck out second sentence providing that ''Nothing in this Act shall
restrict the authority of the Secretary to modify or revoke public land
withdrawals affecting lands in the System as presently constituted, or
as it may be constituted, whenever he determines that such action is
consistent with the public interest.''; designated existing third
sentence as par. (2), redesignated as subpars. (A) and (B) former
clauses (1) and (2), redesignated as subpar. (B)(i) and (ii) former cl.
(2)(A) and (B), substituted in subpar. (A) ''with the approval of''
for ''after consultation with'', inserted in subpar. (B)(i) ''or fair
market value, whichever is greater;'' and reenacted as second sentence
of par. (2) former last sentence of subsec. (a); and added par. (3).
Subsec. (b)(3). Pub. L. 94-215 substituted designations ''(A)'' and
''(B)'' for ''(a)'' and ''(b)'', inserted in cl. (A) '', or for
interests in acquired or public lands,'' before ''under his
jurisdiction'' and substituted in cl. (B) ''he may prescribe'' for
''the Secretary may prescribe''.
1974 -- Subsec. (d). Pub. L. 93-509 designated existing provisions
as par. (1)(A) and (B) and added par. (2).
1973 -- Subsec. (c). Pub. L. 93-205 inserted ''With the exception of
endangered species and threatened species listed by the Secretary
pursuant to section 1533 of this title in States wherein a cooperative
agreement does not exist pursuant to section 1535(c) of this title''
before ''nothing in this Act shall be construed'' and struck out '',
including endangered species thereof,'' before ''on lands not within the
System'' in second sentence.
1968 -- Subsec. (a). Pub. L. 90-404 inserted provisions that no
acquired lands which are or become a part of the National Wildlife
Refuge System may be transferred or otherwise disposed of except under
the specified conditions, and provisions that the Secretary pay into the
migratory bird conservation fund the proceeds of any such transfer or
disposal.
Section 3 of Pub. L. 93-509 provided that: ''Section 4 (d)(2) of
the Act of October 15, 1966 (as added by this Act) (subsec. (d)(2) of
this section), shall apply with respect to any right-of-way, easement,
or reservation granted by the Secretary of the Interior on or after the
date of the enactment of this Act (Dec. 3, 1974), including any
right-of-way, easement, or reservation granted on or after such date in
connection with any use permitted by him pursuant to section 4(d)(2) of
the Act of October 15, 1966 (now subsec. (d)(1)(B) of this section) (as
in effect before the date of the enactment of this Act).''
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of this title.
Section 2 of Pub. L. 90-404 provided that: ''The amendments made by
the first section of this Act (amending subsec. (a) of this section)
shall apply only with respect to transfers and disposals of land
initiated and completed after the date of their enactment (July 18,
1968).''
Section 1 of Pub. L. 93-509 provided: ''That this Act (amending
sections 668dd and 715s of this title, and enacting provisions set out
as notes under section 668dd of this title) may be cited as the
'National Wildlife Refuge System Administration Act Amendments of
1974'.''
Section 12(f) of Pub. L. 91-135, Dec. 5, 1969, 83 Stat. 283,
provided that: ''The provisions of sections 4 and 5 of the Act of
October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd-668ee), as amended,
shall hereinafter be cited as the 'National Wildlife Refuge System
Administration Act of 1966'.''
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with approval to cross national
wildlife refuges under sections 668dd and 668ee of this title with
respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office
of Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Pub. L. 102-154, title III, 319, Nov. 13, 1991, 105 Stat. 1036,
provided that:
''(a) Transfer by the Air Force. -- Notwithstanding any other
provision of law, the Secretary of the Air Force shall transfer to the
Department of the Interior a parcel of real property located west of
McIntyre Road at the site of former Pease Air Force Base, New Hampshire:
Provided, That the Secretary of the Air Force shall retain
responsibility for any hazardous substances which may be found on the
property so transferred.
''(b) Establishment of National Wildlife Refuge. -- Except as
provided in subsection (c), the Secretary of the Interior shall
designate the parcel of land transferred under subsection (a) as an area
in the National Wildlife Refuge System under the authority of section 4
of the Act of October 15, 1966 (16 U.S.C. 688dd).
''(c) Conveyance to State of New Hampshire. --
''(1) Conveyance. -- Subject to paragraphs (2) through (5), the
Secretary of the Interior shall convey to the State of New Hampshire,
without consideration, all right, title, and interest of the United
States in and to a parcel of real property consisting of not more than
100 acres that is a part of the real property transferred to the
Secretary under subsection (a) and that the Secretary determines to be
suitable for use as a cemetery.
''(2) Condition of conveyance. -- The conveyance under paragraph (1)
shall be subject to the condition that the State of New Hampshire use
the property conveyed under that paragraph only for the purpose of
establishing and operating a State cemetery for veterans.
''(3) Reversion. -- If the Secretary determines at any time that the
State of New Hampshire is not complying with the condition specified in
paragraph (2), all right, title, and interest in and to the property
conveyed pursuant to paragraph (1), including any improvements thereon,
shall revert to the United States and the United States shall have the
right of immediate entry thereon.
''(4) Description of property. -- The exact acreage and legal
description of the parcel of real property to be conveyed under
paragraph (1) shall be determined by a survey that is satisfactory to
the Secretary.
''(5) Additional terms and conditions. -- The Secretary may require
any additional terms or conditions in connection with the conveyance
under this subsection that the Secretary determines appropriate to
protect the interests of the United States.
''(d) The purposes for which this national wildlife refuge is
established are --
''(1) to encourage the natural diversity of plant, fish, and wildlife
species within the refuge, and to provide for their conservation and
management;
''(2) to protect species listed as endangered or threatened, or
identified as candidates for listing pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
''(3) to preserve and enhance the water quality of aquatic habitat
within the refuge; and
''(4) to fulfill the international treaty obligations of the United
States relating to fish and wildlife.''
16 USC 668ee. Definitions
TITLE 16 -- CONSERVATION
(a) The term ''person'' as used in this Act means any individual,
partnership, corporation, or association.
(b) The terms ''take'' or ''taking'' or ''taken'' as used in this Act
mean to pursue, hunt, shoot, capture, collect, kill, or attempt to
pursue, hunt, shoot, capture, collect, or kill.
(c) The terms ''State'' and the ''United States'' as used in this Act
mean the several States of the United States, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, and Guam.
(Pub. L. 89-669, 5, Oct. 15, 1966, 80 Stat. 929.)
This Act, referred to in subsecs. (a) to (c), means Pub. L.
89-669, Oct. 15, 1966, 80 Stat. 927, as amended, which enacted
sections 668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to
715k, 718d, and repealed sections 715d-1, 715d-2, 715l, 715m of this
title. For complete classification of this Act to the Code, see Tables.
16 USC 668ff to 668jj. Omitted
TITLE 16 -- CONSERVATION
Sections, Pub. L. 92-330, June 30, 1972, 86 Stat. 399, which
established San Francisco Bay National Wildlife Refuge to be
administered by Secretary of the Interior in accordance with the
National Wildlife Refuge System Administration Act, have been omitted
because of the limited scope of the subject matter. The San Francisco
Bay National Wildlife Refuge has been set out in the table of National
Wildlife Refuges under section 668dd of this title.
16 USC 668kk to 668ss. Omitted
TITLE 16 -- CONSERVATION
Sections, Pub. L. 94-466, Oct. 8, 1976, 90 Stat. 1992, which
established Minnesota Valley National Wildlife Refuge to be administered
by Secretary of the Interior in accordance with the National Wildlife
Refuge System Administration Act, have been omitted because of the
limited scope of the subject matter. The Minnesota National Wildlife
Refuge has been set out in the table of National Wildlife Refuges under
section 668dd of this title.
16 USC CHAPTER 5B -- WILDLIFE RESTORATION
TITLE 16 -- CONSERVATION
Sec.
669. Cooperation of Secretary of the Interior with States;
conditions.
669a. Definitions.
669b. Authorization of appropriations; disposition of unexpended
funds.
669b-1. Authorization of appropriation of accumulated unappropriated
receipts.
669c. Apportionment of funds; expenses of Secretary.
669d. Apportionment; certification to States and Secretary of
Treasury; acceptance by States; disposition of funds not accepted.
669e. Submission and approval of plans and projects.
(a) Setting aside funds.
(b) ''Project'' defined.
(c) Costs.
669f. Payment of funds to States; laws governing construction and
labor.
669g. Maintenance of projects; expenditures for management of
wildlife areas and resources.
669g-1. Payment of funds to and cooperation with Puerto Rico, Guam,
American Samoa, Commonwealth of the Northern Mariana Islands, and Virgin
Islands.
669h. Employment of personnel; equipment, etc.
669i. Rules and regulations.
669j. Repealed.
16 USC 669. Cooperation of Secretary of the Interior with States;
conditions
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to cooperate with the
States, through their respective State fish and game departments, in
wildlife-restoration projects as hereinafter in this chapter set forth;
but no money apportioned under this chapter to any State shall be
expended therein until its legislature, or other State agency authorized
by the State constitution to make laws governing the conservation of
wildlife, shall have assented to the provision of this chapter and shall
have passed laws for the conservation of wildlife which shall include a
prohibition against the diversion of license fees paid by hunters for
any other purpose than the administration of said State fish and game
department, except that, until the final adjournment of the first
regular session of the legislature held after September 2, 1937, the
assent of the Governor of the State shall be sufficient. The Secretary
of the Interior and the State fish and game department of each State
accepting the benefits of this chapter, shall agree upon the
wildlife-restoration projects to be aided in such State under the terms
of this chapter and all projects shall conform to the standards fixed by
the Secretary of the Interior.
(Sept. 2, 1937, ch. 899, 1, 50 Stat. 917; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
Section 103 of title I of Pub. L. 91-503 provided that: ''This
title (amending section 669b and sections 669c to 669g-1 of this title)
may be cited as the 'Federal Aid in Wildlife Restoration Act Amendments
of 1970'.''
Act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, which
enacted this chapter, is popularly known as the ''Federal Aid in
Wildlife Restoration Act'' and the ''Pittman-Robertson Wildlife
Restoration Act''.
16 USC 669a. Definitions
TITLE 16 -- CONSERVATION
For the purposes of this chapter the term ''wildlife-restoration
project'' shall be construed to mean and include the selection,
restoration, rehabilitation, and improvement of areas of land or water
adaptable as feeding, resting, or breeding places for wildlife,
including acquisition by purchase, condemnation, lease, or gift of such
areas or estates or interests therein as are suitable or capable of
being made suitable therefor, and the construction thereon or therein of
such works as may be necessary to make them available for such purposes
and also including such research into problems of wildlife management as
may be necessary to efficient administration affecting wildlife
resources, and such preliminary or incidental costs and expenses as may
be incurred in and about such projects; the term ''State fish and game
department'' shall be construed to mean and include any department or
division of department of another name, or commission, or official or
officials, of a State empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game department.
(Sept. 2, 1937, ch. 899, 2, 50 Stat. 917; July 2, 1956, ch. 489,
1, 70 Stat. 473; July 12, 1960, Pub. L. 86-624, 10, 74 Stat. 412.)
1960 -- Pub. L. 86-624 struck out provisions which defined ''State''
as including the several States and the Territory of Hawaii.
1956 -- Act July 2, 1956, included definition of ''State''.
Section 5 of act July 2, 1956, provided in part that: ''The
amendments made by this Act (amending this section and sections 669g-1,
777a, and 777k of this title) shall be applicable only with respect to
fiscal years beginning after the passage of this Act (July 2, 1956).''
16 USC 669b. Authorization of appropriations; disposition of
unexpended funds
TITLE 16 -- CONSERVATION
(a) An amount equal to all revenues accruing each fiscal year
(beginning with the fiscal year 1975) from any tax imposed on specified
articles by sections 4161(b) and 4181 of title 26, shall, subject to the
exemptions in section 4182 of such title, be covered into the Federal
aid to wildlife restoration fund in the Treasury (hereinafter referred
to as the ''fund'') and is authorized to be appropriated and made
available until expended to carry out the purposes of this chapter. So
much of such appropriations apportioned to any State for any fiscal year
as remains unexpended at the close thereof is authorized to be made
available for expenditure in that State until the close of the
succeeding fiscal year. Any amount apportioned to any State under the
provisions of this chapter which is unexpended or unobligated at the end
of the period during which it is available for expenditure on any
project is authorized to be made available for expenditure by the
Secretary of the Interior in carrying out the provisions of the
Migratory Bird Conservation Act (16 U.S.C. 715 et seq.).
(b)(1) The Secretary of the Treasury shall invest in interest-bearing
obligations of the United States such portion of the fund as is not, in
his judgment, required for meeting a current year's withdrawals. For
purposes of such investment, the Secretary of the Treasury may --
(A) acquire obligations at the issue price and purchase outstanding
obligations at the market price; and
(B) sell obligations held in the fund at the market price.
(2) The interest on obligations held in the fund --
(A) shall be credited to the fund;
(B) constitute the sums available for allocation by the Secretary
under section 4407 of this title;
(C) shall become available for apportionment under this chapter at
the beginning of fiscal year 2006.
(Sept. 2, 1937, ch. 899, 3, 50 Stat. 917; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970,
Pub. L. 91-503, title I, 101, 84 Stat. 1097; Oct. 25, 1972, Pub. L.
92-558, title I, 101(a), 86 Stat. 1172; Pub. L. 99-514, 2, Oct. 22,
1986, 100 Stat. 2095; Dec. 13, 1989, Pub. L. 101-233, 7(a)(1), 103
Stat. 1974.)
The Migratory Bird Conservation Act, referred to in subsec. (a), is
act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III ( 715 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
1989 -- Pub. L. 101-233 designated existing provisions as subsec.
(a) and added subsec. (b).
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954'', which for purposes of
codification was translated as ''title 26'' thus requiring no change in
text.
1972 -- Pub. L. 92-558 substituted ''(beginning with the fiscal year
1975)'' for ''(beginning with the fiscal year 1971)'' and inserted
reference to section 4161(b) of title 26.
1970 -- Pub. L. 91-503 inserted provisions for the deposit of the 10
per cent tax on pistols and revolvers under section 4181 of title 26
into the Federal aid to wildlife restoration fund beginning in fiscal
year 1971.
Section 7(a)(3) of Pub. L. 101-233 provided that: ''The amendments
made by this subsection of this Act (amending this section and section
669c of this title) take effect October 1, 1989.''
Section 101(c) of Pub. L. 92-558, as amended by Pub. L. 93-313,
June 8, 1974, 88 Stat. 238, provided that: ''The amendments made by
subsections (a) and (b) (amending this section and section 669c of this
title) shall take effect January 1, 1975.''
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 669b-1. Authorization of appropriation of accumulated
unappropriated receipts
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated, out of the Federal aid
to wildlife restoration fund established by this chapter, for the 1956
fiscal year and for each fiscal year thereafter, an amount equal to 20
per centum of the accumulated unappropriated receipts in such fund on
August 12, 1955, until the accumulated unappropriated receipts in such
fund on such date have been appropriated and expended. Funds
appropriated under the authority of this section shall be made available
to the States in accordance with the provisions of, and under the
apportionment formula set forth in, this chapter, and shall be in
addition to the funds appropriated under section 669b of this title.
(Aug. 12, 1955, ch. 861, 1, 69 Stat. 698.)
Section was not enacted as part of act Sept. 2, 1937, ch. 899, 50
Stat. 917, which comprises this chapter.
16 USC 669c. Apportionment of funds; expenses of Secretary
TITLE 16 -- CONSERVATION
(a) So much, not to exceed 8 per centum, of the revenues (excluding
interest accruing under section 669b(b) of this title) covered into said
fund in each fiscal year as the Secretary of the Interior may estimate
to be necessary for his expenses in the administration and execution of
this chapter and the Migratory Bird Conservation Act (16 U.S.C. 715 et
seq.) shall be deducted for that purpose, and such sum is authorized to
be made available therefor until the expiration of the next succeeding
fiscal year, and within sixty days after the close of such fiscal year
the Secretary of the Interior shall apportion such part thereof as
remains unexpended by him, if any, and make certificate thereof to the
Secretary of the Treasury and to the State fish and game departments on
the same basis and in the same manner as is provided as to other amounts
authorized by this chapter to be apportioned among the States for such
current fiscal year. The Secretary of the Interior, after making the
aforesaid deduction, shall apportion, except as provided in subsection
(b) of this section, the remainder of the revenue in said fund for each
fiscal year among the several States in the following manner: One-half
in the ratio which the area of each State bears to the total area of all
the States, and one-half in the ratio which the number of paid
hunting-license holders of each State in the second fiscal year
preceding the fiscal year for which such apportionment is made, as
certified to said Secretary by the State fish and game departments,
bears to the total number of paid hunting-license holders of all the
States. Such apportionments shall be adjusted equitably so that no
State shall receive less than one-half of 1 per centum nor more than 5
per centum of the total amount apportioned. The term fiscal year as
used in this chapter shall be a period of twelve consecutive months from
October 1 through the succeeding September 30, except that the period
for enumeration of paid hunting-license holders shall be a State's
fiscal or license year.
(b) One-half of the revenues accruing to the fund under this chapter
each fiscal year (beginning with the fiscal year 1975) from any tax
imposed on pistols, revolvers, bows, and arrows shall be apportioned
among the States in proportion to the ratio that the population of each
State bears to the population of all the States: Provided, That each
State shall be apportioned not more than 3 per centum and not less than
1 per centum of such revenues and Guam, the Virgin Islands, American
Samoa, and the Northern Mariana Islands shall each be apportioned
one-sixth of 1 per centum of such revenues. For the purpose of this
subsection, population shall be determined on the basis of the latest
decennial census for which figures are available, as certified by the
Secretary of Commerce.
(Sept. 2, 1937, ch. 899, 4, 50 Stat. 918; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 24, 1946,
ch. 605, 1, 60 Stat. 656; Oct. 23, 1970, Pub. L. 91-503, title I,
102, 84 Stat. 1098; Oct. 25, 1972, Pub. L. 92-558, title I, 101(b), 86
Stat. 1172; Apr. 21, 1976, Pub. L. 94-273, 4(1), 90 Stat. 377; Aug.
27, 1986, Pub. L. 99-396, 8(b), 100 Stat. 839; Dec. 13, 1989, Pub. L.
101-233, 7(a)(2), 103 Stat. 1975.)
The Migratory Bird Conservation Act, referred to in subsec. (a), is
act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III ( 715 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
1989 -- Subsec. (a). Pub. L. 101-233 inserted ''(excluding interest
accruing under section 669b(b) of this title)'' after ''revenues'' in
first sentence.
1986 -- Subsec. (b). Pub. L. 99-396 inserted ''and Guam, the Virgin
Islands, American Samoa, and the Northern Mariana Islands shall each be
apportioned one-sixth of 1 per centum of such revenues''.
1976 -- Subsec. (a). Pub. L. 94-273 substituted ''September'' for
''June'', and ''October'' for ''July''.
1972 -- Subsec. (b). Pub. L. 92-558 substituted ''(beginning with
the fiscal year 1975)'' for (beginning with the fiscal year 1971)'' and
''pistols, revolvers, bows, and arrows'' for ''pistols and revolvers''.
1970 -- Pub. L. 91-503 designated existing provisions as subsec.
(a), substituted ''second fiscal year preceding'' for ''preceding fiscal
year'' in provision dealing with the apportionment by the Secretary of
the Interior, defined ''fiscal year'', and struck out provisions dealing
with the maximum and minimum apportionments ''to all the States'', and
added subsec. (b).
1946 -- Act July 24, 1946, substituted proviso making apportionment
upon a percentage basis for provisos providing for certain definite sums
to be apportioned to each State.
Amendment by Pub. L. 101-233 effective Oct. 1, 1989, see section
7(a)(3) of Pub. L. 101-233, set out as a note under section 669b of
this title.
Amendment by Pub. L. 92-558 effective Jan. 1, 1975, see section
101(c) of Pub. L. 92-558, set out as a note under section 669b of this
title.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
The Interior Department Appropriation Act, 1945, act June 28, 1944,
ch. 298, 1, 58 Stat. 504, provided that the limitations in this
chapter were waived to the extent necessary to provide overtime under
the provisions of the War Overtime Pay Act, 1943, former sections 1401
to 1415 of Appendix to Title 50, War and National Defense, which act
expired June 30, 1945.
16 USC 669d. Apportionment; certification to States and Secretary of
Treasury; acceptance by States; disposition of funds not accepted
TITLE 16 -- CONSERVATION
For each fiscal year, the Secretary of the Interior shall certify to
the Secretary of the Treasury and to each State fish and game department
the sum which he has estimated to be deducted for administering and
executing this chapter and the Migratory Bird Conservation Act (16
U.S.C. 715 et seq.) and the sum which he has apportioned to each State.
Any State desiring to avail itself of the benefits of this chapter shall
notify the Secretary of the Interior to this effect within sixty days
after it has received the certification referred to in this section.
The sum apportioned to any State which fails to notify the Secretary of
the Interior as herein provided is authorized to be made available for
expenditure by the Secretary of the Interior in carrying out the
provisions of the Migratory Bird Conservation Act.
(Sept. 2, 1937, ch. 899, 5, 50 Stat. 918; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970,
Pub. L. 91-503, title I, 102, 84 Stat. 1098.)
The Migratory Bird Conservation Act, referred to in text, is act Feb.
18, 1929, ch. 257, 45 Stat. 1222, as amended, which is classified
generally to subchapter III ( 715 et seq.) of chapter 7 of this title.
For complete classification of this Act to the Code, see section 715 of
this title and Tables.
1970 -- Pub. L. 91-503 struck out requirement that apportionments be
made by February 20 of each year preceding commencement of fiscal year
in which funds would be used.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 669e. Submission and approval of plans and projects
TITLE 16 -- CONSERVATION
(a) Setting aside funds
Any State desiring to avail itself of the benefits of this chapter
shall, by its State fish and game department, submit programs or
projects for wildlife restoration in either of the following two ways:
(1) The State shall prepare and submit to the Secretary of the
Interior a comprehensive fish and wildlife resource management plan
which shall insure the perpetuation of these resources for the economic,
scientific, and recreational enrichment of the people. Such plan shall
be for a period of not less than five years and be based on projections
of desires and needs of the people for a period of not less than fifteen
years. It shall include provisions for updating at intervals of not
more than three years and be provided in a format as may be required by
the Secretary of the Interior. If the Secretary of the Interior finds
that such plans conform to standards established by him and approves
such plans, he may finance up to 75 per centum of the cost of
implementing segments of those plans meeting the purposes of this
chapter from funds apportioned under this chapter upon his approval of
an annual agreement submitted to him.
(2) A State may elect to avail itself of the benefits of this chapter
by its State fish and game department submitting to the Secretary of the
Interior full and detailed statements of any wildlife-restoration
project proposed for that State. If the Secretary of the Interior finds
that such project meets with the standards set by him and approves said
project, the State fish and game department shall furnish to him such
surveys, plans, specifications, and estimates therefor as he may
require. If the Secretary of the Interior approves the plans,
specifications, and estimates for the project, he shall notify the State
fish and game department and immediately set aside so much of said fund
as represents the share of the United States payable under this chapter
on account of such project, which sum so set aside shall not exceed 75
per centum of the total estimated cost thereof.
The Secretary of the Interior shall approve only such comprehensive
plans or projects as may be substantial in character and design and the
expenditure of funds hereby authorized shall be applied only to such
approved comprehensive wildlife plans or projects and if otherwise
applied they shall be replaced by the State before it may participate in
any further apportionment under this chapter. No payment of any money
apportioned under this chapter shall be made on any comprehensive
wildlife plan or project until an agreement to participate therein shall
have been submitted to and approved by the Secretary of the Interior.
(b) ''Project'' defined
If the State elects to avail itself of the benefits of this chapter
by preparing a comprehensive fish and wildlife plan under option (1) of
subsection (a) of this section, then the term ''project'' may be defined
for the purposes of this chapter as a wildlife program, all other
definitions notwithstanding.
(c) Costs
Administrative costs in the form of overhead or indirect costs for
services provided by State central service activities outside of the
State agency having primary jurisdiction over the wildlife resources of
the State which may be charged against programs or projects supported by
the fund established by section 669b of this title shall not exceed in
any one fiscal year 3 per centum of the annual apportionment to the
State.
(Sept. 2, 1937, ch. 899, 6, 50 Stat. 918; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970,
Pub. L. 91-503, title I, 102, 84 Stat. 1099.)
1970 -- Subsec. (a). Pub. L. 91-503 inserted an alternative method
of application for funds by the submission of a comprehensive fish and
wildlife resource management plan for a period of five years based on
projections for fifteen years, to be updated every three years, laid
down a maximum limit of federal assistance of 75 percent of the
estimated cost of the implementation of the plan, and, in the existing
method of application, now contained in par. (2), struck out reference
to Secretary of Treasury and the requirement that the State pay 10
percent of the costs.
Subsecs. (b), (c). Pub. L. 91-503 added subsecs. (b) and (c).
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 669f. Payment of funds to States; laws governing construction
and labor
TITLE 16 -- CONSERVATION
(a) When the Secretary of the Interior shall find that any project
approved by him has been completed or, if involving research relating to
wildlife, is being conducted, in compliance with said plans and
specifications, he shall cause to be paid to the proper authority of
said State the amount set aside for said project. The Secretary of the
Interior may, in his discretion, from time to time, make payments on
said project as the same progresses; but these payments, including
previous payments, if any, shall not be more than the United States pro
rata share of the project in conformity with said plans and
specifications. If a State has elected to avail itself of the benefits
of this chapter by preparing a comprehensive fish and wildlife plan as
provided for under option (1) of subsection (a) of section 669e of this
title, and this plan has been approved by the Secretary of the Interior,
then the Secretary may, in his discretion, and under such rules and
regulations as he may prescribe, advance funds to the State for
financing the United States pro rata share agreed upon between the State
fish and game department and the Secretary.
(b) Any construction work and labor in each State shall be performed
in accordance with its laws and under the direct supervision of the
State fish and game department, subject to the inspection and approval
of the Secretary of the Interior and in accordance with rules and
regulations made pursuant to this chapter. The Secretary of the
Interior and the State fish and game department of each State may
jointly determine at what times and in what amounts payments shall be
made under this chapter. Such payments shall be made by the Secretary
of the Treasury, on warrants drawn by the Secretary of the Interior
against the said fund to such official or officials, or depository, as
may be designated by the State fish and game department and authorized
under the laws of the State to receive public funds of the State.
(Sept. 2, 1937, ch. 899, 7, 50 Stat. 919; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970,
Pub. L. 91-503, title I, 102, 84 Stat. 1100.)
1970 -- Pub. L. 91-503 divided existing provisions into subsecs.
(a) and (b), permitted advance payments to the States for work which has
been adequately defined in a comprehensive fish and wildlife plan, and
struck out reference to progress payments in provision covering joint
determination of time and amounts of payments.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 669g. Maintenance of projects; expenditures for management of
wildlife areas and resources
TITLE 16 -- CONSERVATION
(a) Maintenance of wildlife-restoration projects established under
the provisions of this chapter shall be the duty of the States in
accordance with their respective laws. Beginning July 1, 1945, the term
''wildlife-restoration project'', as defined in section 669a of this
title, shall include maintenance of completed projects. Notwithstanding
any other provisions of this chapter, funds apportioned to a State under
this chapter may be expended by the State for management (exclusive of
law enforcement and public relations) of wildlife areas and resources.
(b) Each State may use the funds apportioned to it under section
669c(b) of this title to pay up to 75 per centum of the costs of a
hunter safety program and the construction, operation, and maintenance
of public target ranges, as a part of such program. The non-Federal
share of such costs may be derived from license fees paid by hunters,
but not from other Federal grant programs. The Secretary shall issue
not later than the 120th day after the effective date of this subsection
such regulations as he deems advisable relative to the criteria for the
establishment of hunter safety programs and public target ranges under
this subsection.
(Sept. 2, 1937, ch. 899, 8, 50 Stat. 919; July 24, 1946, ch. 605,
2, 60 Stat. 656; Aug. 12, 1955, ch. 861, 2, 69 Stat. 698; Oct. 23,
1970, Pub. L. 91-503, title I, 102, 84 Stat. 1100; Oct. 25, 1972, Pub.
L. 92-558, title I, 102(a), 86 Stat. 1173.)
The effective date of this subsection, referred to in subsec. (b),
probably means Oct. 23, 1970, the date of approval of Pub. L. 91-503
which added subsec. (b).
1972 -- Subsec. (b). Pub. L. 92-558 substituted ''public target
ranges'' for ''public outdoor target ranges'' in two places.
1970 -- Pub. L. 91-503 designated existing provisions as subsec.
(a), struck out the 25 percent limitation on the use of Federal funds
for wildlife restoration projects and the 30 percent limitation on the
use of Federal funds for the management of wild life areas and
resources, and added subsec. (b).
1955 -- Act Aug. 12, 1955, permitted expenditure of funds for
management of wildlife areas and resource.
1946 -- Act July 24, 1946, inserted proviso defining
''wildlife-restoration project''.
Section 102(b) of Pub. L. 92-558 provided that: ''The amendments
made by subsection (a) of this section (amending this section) shall
take effect on the date of the enactment of this Act (Oct. 25, 1972).''
16 USC 669g-1. Payment of funds to and cooperation with Puerto Rico,
Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and
Virgin Islands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to cooperate with the
Secretary of Agriculture of Puerto Rico, the Governor of Guam, the
Governor of American Samoa, the Governor of the Commonwealth of the
Northern Mariana Islands, and the Governor of the Virgin Islands, in the
conduct of wildlife-restoration projects, as defined in section 669a of
this title, and hunter safety programs as provided by section 669g(b) of
this title, upon such terms and conditions as he shall deem fair, just,
and equitable, and is authorized to apportion to Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and
the Virgin Islands, out of the money available for apportionment under
this chapter, such sums as he shall determine, not exceeding for Puerto
Rico one-half of 1 per centum, for Guam one-sixth of 1 per centum, for
American Samoa one-sixth of one per centum, for the Commonwealth of the
Northern Mariana Islands one-sixth of 1 per centum, and for the Virgin
Islands one-sixth of 1 per centum of the total amount apportioned, in
any one year, but the Secretary shall in no event require any of said
cooperating agencies to pay an amount which will exceed 25 per centum of
the cost of any project. Any unexpended or unobligated balance of any
apportionment made pursuant to this section shall be available for
expenditure in Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, or the Virgin Islands, as the case may be,
in the succeeding year, on any approved project, and if unexpended or
unobligated at the end of such year is authorized to be made available
for expenditure by the Secretary of the Interior in carrying out the
provisions of the Migratory Bird Conservation Act (16 U.S.C. 715 et
seq.).
(Sept. 2, 1937, ch. 899, 8A, formerly 8(a), as added Aug. 18, 1941,
ch. 367, 55 Stat. 632; amended Aug. 3, 1950, ch. 523, 64 Stat. 399;
July 2, 1956, ch. 489, 2, 70 Stat. 473; Aug. 1, 1956, ch. 852, 7, 70
Stat. 908; June 25, 1959, Pub. L. 86-70, 15, 73 Stat. 143; renumbered
8A and amended Oct. 23, 1970, Pub. L. 91-503, title I, 102, 84 Stat.
1101; Dec. 24, 1980, Pub. L. 96-597, title III, 302(b), 94 Stat. 3478;
July 9, 1984, Pub. L. 98-347, 2(a), 98 Stat. 321; Aug. 27, 1986,
Pub. L. 99-396, 8(a), 100 Stat. 839.)
The Migratory Bird Conservation Act, referred to in text, is act Feb.
18, 1929, ch. 257, 45 Stat. 1222, as amended, which is classified
generally to subchapter III ( 715 et seq.) of chapter 7 of this title.
For complete classification of this Act to the Code, see section 715 of
this title and Tables.
1986 -- Pub. L. 99-396 inserted reference to hunter safety programs
as provided by section 669g(b) of this title.
1984 -- Pub. L. 98-347 inserted ''the Governor of American Samoa,''
after ''the Governor of Guam,'', ''American Samoa,'' after ''Puerto
Rico, Guam,'' in two places, and ''for American Samoa one-sixth of one
per centum,'' after ''for Guam one-sixth of 1 per centum,''.
1980 -- Pub. L. 96-597 inserted references to Governor and
Commonwealth of the Northern Mariana Islands.
1970 -- Pub. L. 91-503 substituted ''Secretary of Agriculture of
Puerto Rico'' for ''Commissioner of Agriculture and Commerce of Puerto
Rico'' and substituted maximum limits of apportionment of one half of
one percent to Puerto Rico, one sixth of one percent each to the Virgin
Islands and Guam, for maximum limit of apportionment of $10,000 for the
three governments together.
1959 -- Pub. L. 86-70 struck out provisions which authorized
cooperation with the Alaska Game Commission and permitted apportionment
of not more than $75,000 in any one year to the Territory of Alaska.
1956 -- Act Aug. 1, 1956, inserted ''the Governor of Guam'' after
''Commissioner of Agriculture and Commerce of Puerto Rico,'' and
''Guam'' after ''Puerto Rico'' where they appeared in the three
remaining places.
Act July 2, 1956, struck out provisions which authorized the
Secretary to cooperate with the Division of Game and Fish of the Board
of Commissioners of Agriculture and Forestry of Hawaii, removed the
limitation of $25,000 on the amount of funds which could be apportioned
to Hawaii in any one year, and substituted ''Territory of Alaska'' for
''Territories'' in two places.
1950 -- Act Aug. 3, 1950, increased funds allocated annually to
Alaska and Hawaii from $25,000 to $10,000, respectively, to $75,000 and
$25,000.
Section 2(b) of Pub. L. 98-347 provided that: ''The amendments made
by subsection (a) (amending this section) shall take effect October 1,
1984.''
Amendment by act July 2, 1956, applicable only with respect to fiscal
years beginning after July 2, 1956, see section 5 of such act July 2,
1956, set out as a note under section 669a of this title.
Act May 19, 1956, ch. 313, ch. VI, 601, 70 Stat. 169, authorized
increases of not more than 20 percent in the annual appropriations for
the former territories of Alaska and Hawaii, and Puerto Rico and the
Virgin Islands.
16 USC 669h. Employment of personnel; equipment, etc.
TITLE 16 -- CONSERVATION
Out of the deductions set aside for administering and executing this
chapter and the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.),
the Secretary of the Interior is authorized to employ such assistants,
clerks, and other persons in the city of Washington and elsewhere, to be
taken from the eligible lists of the Civil Service; to rent or
construct buildings outside of the city of Washington; to purchase such
supplies, materials, equipment, office fixtures, and apparatus; and to
incur such travel and other expenses, including purchase, maintenance,
and hire of passenger-carrying motor vehicles, as he may deem necessary
for carrying out the purposes of this chapter.
(Sept. 2, 1937, ch. 899, 9, 50 Stat. 919; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
The Migratory Bird Conservation Act, referred to in text, is act Feb.
18, 1929, ch. 257, 45 Stat. 1222, as amended, which is classified
generally to subchapter III ( 715 et seq.) of chapter 7 of this title.
For complete classification of this Act to the Code, see section 715 of
this title and Tables.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
transferred functions of Secretary of Agriculture relating to
conservation of wildlife, game, and migratory birds to Secretary of the
Interior.
16 USC 669i. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to make rules and
regulations for carrying out the provisions of this chapter.
(Sept. 2, 1937, ch. 899, 10, 50 Stat. 919; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 669j. Repealed. Aug. 7, 1946, ch. 770, 1(14), 60 Stat. 867
TITLE 16 -- CONSERVATION
Section, act Sept. 2, 1937, ch. 899, 11, 50 Stat. 919; Reorg.
Plan No. II, 4(f) of 1939, eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433, related to annual report to Congress by the Secretary of the
Interior.
16 USC CHAPTER 5C -- CONSERVATION PROGRAMS ON GOVERNMENT LANDS
TITLE 16 -- CONSERVATION
Sec.
670a. Cooperative plan for wildlife conservation and rehabilitation.
(a) Authority of Secretary of Defense.
(b) Contents of plan; review; exclusive component of a multiuse
natural resources management plan; special hunting and fishing permits.
(c) Prohibitions on sale and lease of lands unless effects compatible
with plan.
(d) Implementation and enforcement of cooperative plans.
(e) Applicability of other laws.
670a-1. Natural resources and fish and wildlife management on
military reservations; report on military expenditures for fish and
wildlife management.
(a) Natural resources management.
(b) Fish and wildlife management services.
(c) Fish and wildlife management report.
(d) Definitions.
670b. Migratory game birds; permits; fees; Stamp Act and State
law requirements.
670c. Public outdoor recreation resources; cooperative plan between
Secretary of Defense, Secretary of the Interior, and State agencies.
670c-1. Cooperative agreements for land management on Department of
Defense installations.
(a) Authority of Secretary of Defense.
(b) Matching funds and services.
(c) Availability of funds; agreements under other laws.
670d. Liability for funds; accounting to Comptroller General.
670e. Applicability to other laws; national forest lands.
670f. Appropriations and expenditures.
(a) Expenditures exclusively under cooperative plans; availability
of funds until expended.
(b) Authorization of appropriations to Secretary of Defense.
(c) Authorization of appropriations to Secretary of the Interior.
(d) Use of other conservation or rehabilitation authorities.
670g. Wildlife, fish, and game conservation and rehabilitation
programs; cooperation between Secretary of the Interior, Secretary of
Agriculture, and State agencies in planning, etc., in accordance with
comprehensive plans; scope and implementation of programs.
(a) Conservation and rehabilitation programs.
(b) Implementation of programs.
670h. Comprehensive plans for conservation and rehabilitation
programs.
(a) Development by Secretary of the Interior and Secretary of
Agriculture; consultation with State agencies; prior written approval
of concerned Federal agencies.
(b) Development consistent with overall land use and management
plans; hunting, trapping, and fishing authorized in accordance with
applicable State laws and regulations.
(c) Cooperative agreements by State agencies for implementation of
programs; modifications; contents; hunting, trapping and fishing
authorized in accordance with applicable State laws and regulations;
regulations.
(d) State agency agreements not cooperative agreements under other
provisions.
670i. Public land management area stamps; agreement between State
agencies and Secretary of the Interior and Secretary of Agriculture
requiring stamps for hunting, trapping, and fishing on public lands
subject to programs; conditions of agreement.
670j. Enforcement provisions.
(a) Violations and penalties.
(b) Designation of enforcement personnel powers; issuance of arrest
warrants; trial and sentencing by United States magistrate judges.
(c) Seizure and forfeiture of equipment and vessels.
(d) Applicability of customs laws to seizures and forfeitures;
exceptions.
670k. Definitions.
670l. Applicability to Forest Service and Bureau of Land Management
lands of public land management area stamp requirements; authorized
fees.
670m. Indian rights unaffected; State or Federal jurisdiction
regulating Indian rights preserved.
670n. Omitted.
670o. Authorization of appropriations.
(a) Functions and responsibilities of Secretary of the Interior.
(b) Functions and responsibilities of Secretary of Agriculture.
(c) Use of other conservation or rehabilitation authorities.
(d) Contract authority respecting property, services or assistance
affecting State agencies; appropriations requirement.
16 USC SUBCHAPTER I -- CONSERVATION PROGRAMS ON MILITARY RESERVATIONS
TITLE 16 -- CONSERVATION
16 USC 670a. Cooperative plan for wildlife conservation and
rehabilitation
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of Defense
The Secretary of Defense is authorized to carry out a program of
planning for, and the development, maintenance, and coordination of,
wildlife, fish, and game conservation and rehabilitation in each
military reservation in accordance with a cooperative plan mutually
agreed upon by the Secretary of Defense, the Secretary of the Interior,
and the appropriate State agency designated by the State in which the
reservation is located.
(b) Contents of plan; review; exclusive component of a multiuse
natural resources management plan; special hunting and fishing permits
Each cooperative plan entered into under subsection (a) of this
section --
(1) shall provide for --
(A) fish and wildlife habitat improvements or modifications,
(B) range rehabilitation where necessary for support of wildlife,
(C) control of off-road vehicle traffic, and
(D) specific habitat improvement projects and related activities and
adequate protection for species of fish, wildlife, and plants considered
threatened or endangered;
(2) must be reviewed as to operation and effect by the parties
thereto on a regular basis, but not less often than every 5 years;
(3) shall, if a multiuse natural resources management plan is
applicable to the military reservation, be treated as the exclusive
component of that management plan with respect to wildlife, fish, and
game conservation and rehabilitation; and
(4) may stipulate the issuance of special State hunting and fishing
permits to individuals and require payment of nominal fees therefor,
which fees shall be utilized for the protection, conservation, and
management of fish and wildlife, including habitat improvement and
related activities in accordance with the cooperative plan; except that
--
(A) the Commanding Officer of the reservation or persons designated
by that Officer are authorized to enforce such special hunting and
fishing permits and to collect the fees therefor, acting as agent or
agents for the State if the cooperative plan so provides, and
(B) the fees collected under this paragraph may not be expended with
respect to other than the military reservation on which collected.
(c) Prohibitions on sale and lease of lands unless effects compatible
with plan
After a cooperative plan is agreed to under subsection (a) of this
section --
(1) no sale of land, or forest products from land, that is within a
military reservation covered by that plan may be made under section
2665(a) or (b) of title 10; and
(2) no leasing of land that is within the reservation may be made
under section 2667 of such title 10;
unless the effects of that sale or leasing are compatible with the
purposes of the plan.
(d) Implementation and enforcement of cooperative plans
With regard to the implementation and enforcement of cooperative
plans agreed to under subsection (a) of this section --
(1) neither Office of Management and Budget Circular A-76 nor any
successor circular thereto applies to the procurement of services that
are necessary for that implementation and enforcement; and
(2) priority shall be given to the entering into of contracts for the
procurement of such implementation and enforcement services with Federal
and State agencies having responsibility for the conservation or
management of fish or wildlife.
(e) Applicability of other laws
Cooperative plans agreed to under the authority of this section and
section 670b of this title shall not be deemed to be, nor treated as,
cooperative agreements to which chapter 63 of title 31 applies.
(Pub. L. 86-797, title I, 101, formerly 1, Sept. 15, 1960, 74 Stat.
1052; renumbered title I, 101, and amended Pub. L. 93-452, 1(1),
3(1), (2), Oct. 18, 1974, 88 Stat. 1369, 1375; Pub. L. 97-396, 1,
Dec. 31, 1982, 96 Stat. 2005; Pub. L. 99-561, 3(a)(1), Oct. 27, 1986,
100 Stat. 3150.)
''Chapter 63 of title 31'' substituted in subsec. (e) for ''the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et
seq.)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1986 -- Pub. L. 99-561 amended section generally. Prior to
amendment, section read as follows: ''The Secretary of Defense is
hereby authorized to carry out a program of planning, development,
maintenance and coordination of wildlife, fish and game conservation and
rehabilitation in military reservations in accordance with a cooperative
plan mutually agreed upon by the Secretary of Defense, the Secretary of
Interior and the appropriate State agency designated by the State in
which the reservation is located. Such cooperative plan shall provide
for (1) fish and wildlife habitat improvements or modifications, (2)
range rehabilitation where necessary for support of wildlife, (3)
control of off-road vehicle traffic, and (4) specific habitat
improvement projects and related activities and adequate protection for
species of fish, wildlife, and plants considered threatened or
endangered. Such cooperative plan may stipulate the issuance of special
State hunting and fishing permits to individuals and require this
payment of a nominal fee therefor, which fees shall be utilized for the
protection, conservation and management of fish and wildlife, including
habitat improvement and related activities in accordance with the
cooperative plan: Provided, That the Commanding Officer of the
reservation or persons designated by him are authorized to enforce such
special hunting and fishing permits and to collect the fees therefor,
acting as agent or agents for the State if the cooperative plan so
provides. Cooperative plans agreed to under the authority of this
section and section 670b of this title shall not be deemed to be, nor
treated as, cooperative agreements to which chapter 63 of title 31
applies.''
1982 -- Pub. L. 97-396, 1(1), added cl. (4).
Pub. L. 97-396, 1(2), inserted provision that cooperative plans
agreed to under the authority of this section and section 670b of this
title shall not be deemed to be, nor treated as, cooperative agreements
to which chapter 63 of title 31 applies.
1974 -- Pub. L. 93-452, 1(1), 3(2), inserted provisions requiring
the cooperative plan to provide for fish and wildlife habitat
improvements, range rehabilitation, and off-road vehicle traffic
control.
Pub. L. 95-420, 1, Oct. 5, 1978, 92 Stat. 921, provided: ''That
this Act (amending sections 670f and 670o of this title) may be cited as
the 'Sikes Act Amendments of 1978'.''
Pub. L. 86-797, Sept. 15, 1960, 74 Stat. 1052, as amended, which is
classified generally to this chapter, is popularly known as the ''Sikes
Act''.
Section 3(a)(2) of Pub. L. 99-561 provided that: ''Subsection
(d)(1) of such section 101 (as added by paragraph (1) (16 U.S.C.
670a(d)(1))) shall not affect any contract entered into before the date
of the enactment of this Act (October 27, 1986) for the provision of
services to implement or enforce a cooperative plan under this Act
(enacting section 670a-1 of this title and amending this section and
sections 670f and 670o of this title and section 2665 of Title 10, Armed
Forces) on any military installation; but shall apply to the renewal,
after such date of enactment, of any such contract.''
16 USC 670a-1. Natural resources and fish and wildlife management on
military reservations; report on military expenditures for fish and
wildlife management
TITLE 16 -- CONSERVATION
(a) Natural resources management
The Secretary of each military department shall manage the natural
resources of each military reservation within the United States that is
under the jurisdiction of the Secretary --
(1) so as to provide for sustained multipurpose uses of those
resources; and
(2) to provide the public access that is necessary or appropriate for
those uses;
to the extent that those uses and that access are not inconsistent
with the military mission of the reservation.
(b) Fish and wildlife management services
The Secretary of each military department shall ensure, to the extent
feasible, that the services necessary for the development,
implementation, and enforcement of fish and wildlife management on each
military reservation within the United States under the jurisdiction of
the Secretary are provided by the Department of Defense personnel who
have professional training in those services.
(c) Fish and wildlife management report
The Secretary of each military department shall submit to each House
of the Congress, before the close of the 180-day period occurring after
the close of fiscal year 1986, a detailed report setting forth the
amount and purpose of all expenditures made during fiscal year 1986 for
fish and wildlife management on each military reservation in the United
States under the jurisdiction of the Secretary.
(d) Definitions
As used in this section --
(1) The term ''military department'' means the Department of the
Army, the Department of the Navy, and the Department of the Air Force.
(2) The term ''United States'' means the States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States.
(Pub. L. 99-561, 2, Oct. 27, 1986, 100 Stat. 3149.)
Section was not enacted as part of Pub. L. 86-797 which comprises
this chapter.
16 USC 670b. Migratory game birds; permits; fees; Stamp Act and
State law requirements
TITLE 16 -- CONSERVATION
The Secretary of Defense in cooperation with the Secretary of the
Interior and the appropriate State agency is authorized to carry out a
program for the conservation, restoration and management of migratory
game birds on military reservations, including the issuance of special
hunting permits and the collection of fees therefor, in accordance with
a cooperative plan mutually agreed upon by the Secretary of Defense, the
Secretary of the Interior and the appropriate State agency: Provided,
That possession of a special permit for hunting migratory game birds
issued pursuant to this subchapter shall not relieve the permittee of
the requirements of the Migratory Bird Hunting Stamp Act as amended (16
U.S.C. 718 et seq.) nor of the requirements pertaining to State law set
forth in Public Law 85-337.
(Pub. L. 86-797, title I, 102, formerly 2, Sept. 15, 1960, 74 Stat.
1053; renumbered title I, 102, and amended Pub. L. 93-452, 3(1), (3),
Oct. 18, 1974, 88 Stat. 1375.)
The Migratory Bird Hunting Stamp Act, referred to in text, is act
Mar. 16, 1934, ch. 71, 48 Stat. 452, as amended, which is classified
generally to subchapter IV ( 718 et seq.) of chapter 7 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 718 of this title and Tables.
Public Law 85-337, referred to in text, is Pub. L. 85-337, Feb. 28,
1958, 72 Stat. 28, which is classified to section 2671 of Title 10,
Armed Forces, section 472 of Title 40, Public Buildings, Property, and
Works, and sections 155 to 158 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Tables.
1974 -- Pub. L. 93-452, 3(3), substituted ''title'' for ''Act''
which for purposes of codification was translated as ''subchapter''.
16 USC 670c. Public outdoor recreation resources; cooperative plan
between Secretary of Defense, Secretary of the Interior, and State
agencies
TITLE 16 -- CONSERVATION
The Secretary of Defense is also authorized to carry out a program
for the development, enhancement, operation, and maintenance of public
outdoor recreation resources at military reservations in accordance with
a cooperative plan mutually agreed upon by the Secretary of Defense and
the Secretary of the Interior, in consultation with the appropriate
State agency designated by the State in which such reservations are
located.
(Pub. L. 86-797, title I, 103, formerly 3, Sept. 15, 1960, 74 Stat.
1053; Pub. L. 90-465, 1, Aug. 8, 1968, 82 Stat. 661; renumbered title
I, 103, Pub. L. 93-452, 3(1), Oct. 18, 1974, 88 Stat. 1375.)
1968 -- Pub. L. 90-465 authorized the carrying out of a public
outdoor recreation resources program under a cooperative plan between
Secretary of Defense, Secretary of the Interior, and State agencies, and
struck out provisions for expenditure of funds collected and purposes
therefor, now incorporated in section 670f(a) of this title.
16 USC 670c-1. Cooperative agreements for land management on
Department of Defense installations
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of Defense
The Secretary of Defense may enter into cooperative agreements with
States, local governments, nongovernmental organizations, and
individuals to provide for the maintenance and improvement of natural
resources on, or to benefit natural and historic research on, Department
of Defense installations.
(b) Matching funds and services
A cooperative agreement shall provide for the Secretary of Defense
and the other party or parties to the agreement --
(1) to contribute funds on a matching basis to defray the cost of
programs, projects, and activities under the agreement; or
(2) to furnish services on a matching basis to carry out such
programs, projects, and activities,
or to do both.
(c) Availability of funds; agreements under other laws
Cooperative agreements entered into under this section shall be
subject to the availability of funds and shall not be considered, nor be
treated as, cooperative agreements to which chapter 63 of title 31
applies.
(Pub. L. 86-797, title I, 103a, as added Pub. L. 101-189, div. B,
title XXVIII, 2845(a), Nov. 29, 1989, 103 Stat. 1664.)
16 USC 670d. Liability for funds; accounting to Comptroller General
TITLE 16 -- CONSERVATION
The Department of Defense is held free from any liability to pay into
the Treasury of the United States upon the operation of the program or
programs authorized by this subchapter any funds which may have been or
may hereafter be collected, received or expended pursuant to, and for
the purposes of, this subchapter, and which collections, receipts and
expenditures have been properly accounted for to the Comptroller General
of the United States.
(Pub. L. 86-797, title I, 104, formerly 4, Sept. 15, 1960, 74 Stat.
1053; renumbered title I, 104, and amended Pub. L. 93-452, 3(1), (4),
Oct. 18, 1974, 88 Stat. 1375.)
1974 -- Pub. L. 93-452, 3(4), substituted ''title'' for ''Act''
wherever appearing, which for purposes of codification was translated as
''subchapter''.
16 USC 670e. Applicability to other laws; national forest lands
TITLE 16 -- CONSERVATION
Nothing herein contained shall be construed to modify, amend or
repeal any provision of Public Law 85-337, nor as applying to national
forest lands administered pursuant to the provisions of section 9 of the
Act of June 7, 1924 (43 Stat. 655), nor section 315m of title 43.
(Pub. L. 86-797, title I, 105, formerly 5, Sept. 15, 1960, 74 Stat.
1053; renumbered title I, 105, Pub. L. 93-452, 3(1), Oct. 18, 1974,
88 Stat. 1375.)
Public Law 85-337, referred to in text, is Pub. L. 85-337, Feb. 28,
1958, 72 Stat. 28, which is classified to section 2671 of Title 10,
Armed Forces; section 472 of Title 40, Public Buildings, Property, and
Works; and sections 155 to 158 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Tables.
Section 9 of the Act of June 7, 1924 (ch. 348, 43 Stat. 655),
referred to in text, was classified to the code as follows: The first
and fifth sentences were classified to section 471(b) of this title,
which was repealed by section 704(a) of Pub. L. 94-579; the second and
third sentences were classified to section 505 of this title; and the
fourth sentence was classified to section 499 of this title.
16 USC 670f. Appropriations and expenditures
TITLE 16 -- CONSERVATION
(a) Expenditures exclusively under cooperative plans; availability
of funds until expended
The Secretary of Defense shall expend such funds as may be collected
in accordance with the cooperative plans agreed to under sections 670a
and 670b of this title and cooperative agreements agreed to under
section 670c-1 of this title and for no other purpose. All funds that
are so collected shall remain available until expended.
(b) Authorization of appropriations to Secretary of Defense
There are authorized to be appropriated to the Secretary of Defense
not to exceed $1,500,000 for each of the fiscal years 1983, 1984, 1985,
1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993, to carry out this
subchapter, including the enhancement of fish and wildlife habitat and
the development of public recreation and other facilities, and to carry
out such functions and responsibilities as the Secretary may have under
cooperative agreements entered into under section 670c-1 of this title.
The Secretary of Defense shall, to the greatest extent practicable,
enter into agreements to utilize the services, personnel, equipment, and
facilities, with or without reimbursement, of the Secretary of the
Interior in carrying out the provisions of this section.
(c) Authorization of appropriations to Secretary of the Interior
There are authorized to be appropriated to the Secretary of the
Interior not to exceed $3,000,000 for each of the fiscal years 1983,
1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993, to carry
out such functions and responsibilities as the Secretary may have under
cooperative plans to which such Secretary is a party under this section,
including those for the enhancement of fish and wildlife habitat and the
development of public recreation and other facilities.
(d) Use of other conservation or rehabilitation authorities
The Secretary of Defense and the Secretary of the Interior may each
use any authority available to him under other laws relating to fish,
wildlife, or plant conservation or rehabilitation for purposes of
carrying out the provisions of this subchapter.
(Pub. L. 86-797, title I, 106, formerly 6, as added Pub. L.
90-465, 2, Aug. 8, 1968, 82 Stat. 661; renumbered title I, 106, and
amended Pub. L. 93-452, 1(2), 3(1), (4), (5), Oct. 18, 1974, 88 Stat.
1369, 1375; Pub. L. 95-420, 2, Oct. 5, 1978, 92 Stat. 921; Pub. L.
97-396, 2, Dec. 31, 1982, 96 Stat. 2005; Pub. L. 99-561, 1(a), 3(b),
Oct. 27, 1986, 100 Stat. 3149, 3151; Pub. L. 100-653, title II,
202(a), Nov. 14, 1988, 102 Stat. 3827; Pub. L. 101-189, div. B, title
XXVIII, 2845(b), Nov. 29, 1989, 103 Stat. 1664.)
1989 -- Subsec. (a). Pub. L. 101-189, 2845(b)(1), inserted ''and
cooperative agreements agreed to under section 670c-1 of this title''
after ''sections 670a and 670b of this title''.
Subsec. (b). Pub. L. 101-189, 2845(b)(2), inserted '', and to carry
out such functions and responsibilities as the Secretary may have under
cooperative agreements entered into under section 670c-1 of this title''
before period at end of first sentence.
1988 -- Subsecs. (b), (c). Pub. L. 100-653 substituted ''1988,
1989, 1990, 1991, 1992, and 1993'' for ''and 1988''.
1986 -- Subsec. (a). Pub. L. 99-561, 3(b), inserted provision that
all funds collected remain available until expended.
Subsecs. (b), (c). Pub. L. 99-561, 1(a), substituted ''1985, 1986,
1987, and 1988'' for ''and 1985''.
1982 -- Subsecs. (b), (c). Pub. L. 97-396, 2(1), substituted
''1983, 1984, and 1985,'' for ''ending September 30, 1979, September 30,
1980, and September 30, 1981,'' wherever appearing.
Subsec. (d). Pub. L. 97-396, 2(2), added subsec. (d).
1978 -- Subsec. (b). Pub. L. 95-420 substituted provisions
authorizing the appropriation of not to exceed $1,500,000 for each of
the fiscal years ending Sept. 30, 1979, 1980 and 1981 for provisions
authorizing the appropriation of not to exceed $500,000 per fiscal year
for fiscal years beginning July 1, 1969, 1970, and 1971 and not to
exceed $1,500,000 for fiscal year beginning July 1, 1972 and for each of
the next five fiscal years thereafter and struck out provisions relating
to the authorization of appropriations to the Secretary of the Interior
not to exceed $2,000,000 for the fiscal year beginning July 1, 1973 and
for each of the next four fiscal years thereafter to enable the
Secretary to carry out the functions and responsibilities under
cooperative plans, sums appropriated under this subchapter to be
available until expended.
Subsec. (c). Pub. L. 95-420 added subsec. (c).
1974 -- Subsec. (a). Pub. L. 93-452, 3(5), substituted ''sections
101 and 102'' for ''sections 1 and 2'' which for purposes of
codification was translated as ''sections 670a and 670b'', therefore
requiring no change in text because of redesignation of former sections
1 and 2 of Pub. L. 86-797 by section 3(1) of Pub. L. 93-452.
Subsec. (b). Pub. L. 93-452, 1(2), 3(4), inserted provisions
authorizing appropriations of not to exceed $1,500,000 for the fiscal
year beginning July 1, 1972, and for each of the next five fiscal years
thereafter, and authorizing appropriations to the Secretary of the
Interior not to exceed $2,000,000 for the fiscal year beginning July 1,
1973, and for each of the next four fiscal years thereafter, and
substituted ''title'' for ''Act'' wherever appearing, which for purposes
of codification was translated as ''subchapter''.
16 USC SUBCHAPTER II -- CONSERVATION PROGRAMS ON PUBLIC LANDS
TITLE 16 -- CONSERVATION
16 USC 670g. Wildlife, fish, and game conservation and rehabilitation
programs; cooperation between Secretary of the Interior, Secretary of
Agriculture, and State agencies in planning, etc., in accordance with
comprehensive plans; scope and implementation of programs
TITLE 16 -- CONSERVATION
(a) Conservation and rehabilitation programs
The Secretary of the Interior and the Secretary of Agriculture shall
each, in cooperation with the State agencies and in accordance with
comprehensive plans developed pursuant to section 670h of this title,
plan, develop, maintain, and coordinate programs for the conservation
and rehabilitation of wildlife, fish, and game. Such conservation and
rehabilitation programs shall include, but not be limited to, specific
habitat improvement projects and related activities and adequate
protection for species of fish, wildlife, and plants considered
threatened or endangered.
(b) Implementation of programs
The Secretary of the Interior shall implement the conservation and
rehabilitation programs required under subsection (a) of this section on
public land under his jurisdiction. The Secretary of the Interior shall
adopt, modify, and implement the conservation and rehabilitation
programs required under subsection (a) of this section on public land
under the jurisdiction of the Chairman, but only with the prior written
approval of the Atomic Energy Commission, and on public land under the
jurisdiction of the Administrator, but only with the prior written
approval of the Administrator. The Secretary of Agriculture shall
implement such conservation and rehabilitation programs on public land
under his jurisdiction.
(Pub. L. 86-797, title II, 201, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1369; amended Pub. L. 97-396, 3, Dec. 31, 1982, 96
Stat. 2005.)
1982 -- Subsec. (a). Pub. L. 97-396 inserted ''of fish, wildlife,
and plants'' after ''species''.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Pub. L. 100-275, 12, Mar. 31, 1988, 102 Stat. 60, directed
Secretary of the Interior to review status of populations of desert
tortoises on lands in Nevada and other States managed by Secretary,
other than lands conveyed or leased pursuant to Pub. L. 100-275, assess
nature and extent of threats to continued health or stability of such
populations on such lands, and prepare a comprehensive plan to address
such threats, with Secretary to consult with State officials, other
Federal agencies responsible for management of lands where desert
tortoise populations are located, the Desert Tortoise Council, and other
persons or groups identified by Secretary as having expertise relevant
to requirements of this section; such review and assessment to be
completed and results to be made available to the public and transmitted
to committees of Congress no later than two years after Mar. 31, 1988,
and such plan to be developed and transmitted to such committees no
later than three years after Mar. 31, 1988; with a failure by
Secretary to transmit such report within such three-year period not to
relieve the Secretary from requirement to prepare such plan.
16 USC 670h. Comprehensive plans for conservation and rehabilitation
programs
TITLE 16 -- CONSERVATION
(a) Development by Secretary of the Interior and Secretary of
Agriculture; consultation with State agencies; prior written approval
of concerned Federal agencies
(1) The Secretary of the Interior shall develop, in consultation with
the State agencies, a comprehensive plan for conservation and
rehabilitation programs to be implemented on public land under his
jurisdiction and the Secretary of Agriculture shall do the same in
connection with public land under his jurisdiction.
(2) The Secretary of the Interior shall develop, with the prior
written approval of the Atomic Energy Commission, a comprehensive plan
for conservation and rehabilitation programs to be implemented on public
land under the jurisdiction of the Chairman and develop, with the prior
written approval of the Administrator, a comprehensive plan for such
programs to be implemented on public land under the jurisdiction of the
Administrator. Each such plan shall be developed after the Secretary of
the Interior makes, with the prior written approval of the Chairman or
the Administrator, as the case may be, and in consultation with the
State agencies, necessary studies and surveys of the land concerned to
determine where conservation and rehabilitation programs are most
needed.
(b) Development consistent with overall land use and management
plans; hunting, trapping, and fishing authorized in accordance with
applicable State laws and regulations
Each comprehensive plan developed pursuant to this section shall be
consistent with any overall land use and management plans for the lands
involved. In any case in which hunting, trapping, or fishing (or any
combination thereof) of resident fish and wildlife is to be permitted on
public land under a comprehensive plan, such hunting, trapping, and
fishing shall be conducted in accordance with applicable laws and
regulations of the State in which such land is located.
(c) Cooperative agreements by State agencies for implementation of
programs; modifications; contents; hunting, trapping and fishing
authorized in accordance with applicable State laws and regulations;
regulations
(1) Each State agency may enter into a cooperative agreement with --
(A) the Secretary of the Interior with respect to those conservation
and rehabilitation programs to be implemented under this subchapter
within the State on public land which is under his jurisdiction;
(B) the Secretary of Agriculture with respect to those conservation
and rehabilitation programs to be implemented under this subchapter
within the State on public land which is under his jurisdiction; and
(C) the Secretary of the Interior and the Chairman or the
Administrator, as the case may be, with respect to those conservation
and rehabilitation programs to be implemented under this subchapter
within the State on public land under the jurisdiction of the Chairman
or the Administrator; except that before entering into any cooperative
agreement which affects public land under the jurisdiction of the
Chairman, the Secretary of the Interior shall obtain the prior written
approval of the Atomic Energy Commission and before entering into any
cooperative agreement which affects public lands under the jurisdiction
of the Administrator, the Secretary of the Interior shall obtain the
prior written approval of the Administrator.
Conservation and rehabilitation programs developed and implemented
pursuant to this subchapter shall be deemed as supplemental to wildlife,
fish, and game-related programs conducted by the Secretary of the
Interior and the Secretary of Agriculture pursuant to other provisions
of law. Nothing in this subchapter shall be construed as limiting the
authority of the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, to manage the national forests or other
public lands for wildlife and fish and other purposes in accordance with
the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.
528-531) or other applicable authority.
(2) Any conservation and rehabilitation program included within a
cooperative agreement entered into under this subsection may be modified
in a manner mutually agreeable to the State agency and the Secretary
concerned (and the Chairman or the Administrator, as the case may be, if
public land under his jurisdiction is involved). Before modifying any
cooperative agreement which affects public land under the jurisdiction
of the Chairman, the Secretary of the Interior shall obtain the prior
written approval of the Atomic Energy Commission and before modifying
any cooperative agreement which affects public land under the
jurisdiction of the Administrator, the Secretary of the Interior shall
obtain the prior written approval of the Administrator.
(3) Each cooperative agreement entered into under this subsection
shall --
(A) specify those areas of public land within the State on which
conservation and rehabilitation programs will be implemented;
(B) provide for fish and wildlife habitat improvements or
modifications, or both;
(C) provide for range rehabilitation where necessary for support of
wildlife;
(D) provide adequate protection for fish and wildlife officially
classified as threatened or endangered pursuant to section 1533 of this
title or considered to be threatened, rare, or endangered by the State
agency;
(E) require the control of off-road vehicle traffic;
(F) if the issuance of public land area management stamps is agreed
to pursuant to section 670i(a) of this title --
(i) contain such terms and conditions as are required under section
670i(b) of this title;
(ii) require the maintenance of accurate records and the filing of
annual reports by the State agency to the Secretary of the Interior or
the Secretary of Agriculture, or both, as the case may be, setting forth
the amount and disposition of the fees collected for such stamps; and
(iii) authorize the Secretary concerned and the Comptroller General
of the United States, or their authorized representatives, to have
access to such records for purposes of audit and examination; and
(G) contain such other terms and conditions as the Secretary
concerned and the State agency deem necessary and appropriate to carry
out the purposes of this subchapter.
A cooperative agreement may also provide for arrangements under which
the Secretary concerned may authorize officers and employees of the
State agency to enforce, or to assist in the enforcement of, section
670j(a) of this title.
(4) Except where limited under a comprehensive plan or pursuant to
cooperate agreement, hunting, fishing, and trapping shall be permitted
with respect to resident fish and wildlife in accordance with applicable
laws and regulations of the State in which such land is located on
public land which is the subject of a conservation and rehabilitation
program implemented under this subchapter.
(5) The Secretary of the Interior and the Secretary of Agriculture,
as the case may be, shall prescribe such regulations as are deemed
necessary to control, in a manner consistent with the applicable
comprehensive plan and cooperative agreement, the public use of public
land which is the subject of any conservation and rehabilitation program
implemented by him under this subchapter.
(d) State agency agreements not cooperative agreements under other
provisions
Agreements entered into by State agencies under the authority of this
section shall not be deemed to be, or treated as, cooperative agreements
to which chapter 63 of title 31 applies.
(Pub. L. 86-797, title II, 202, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1369; amended Pub. L. 97-396, 4, Dec. 31, 1982, 96
Stat. 2005.)
The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec.
(c)(1), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended,
which is classified 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.
In subsec. (d), ''chapter 63 of title 31'' substituted for ''the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et
seq.)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1982 -- Subsec. (d). Pub. L. 97-396 added subsec. (d).
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
16 USC 670i. Public land management area stamps; agreement between
State agencies and Secretary of the Interior and Secretary of
Agriculture requiring stamps for hunting, trapping, and fishing on
public lands subject to programs; conditions of agreement
TITLE 16 -- CONSERVATION
(a) Any State agency may agree with the Secretary of the Interior and
the Secretary of Agriculture (or with the Secretary of the Interior or
the Secretary of Agriculture, as the case may be, if within the State
concerned all conservation and rehabilitation programs under this
subchapter will be implemented by him) that no individual will be
permitted to hunt, trap, or fish on any public land within the State
which is subject to a conservation and rehabilitation program
implemented under this subchapter unless at the time such individual is
engaged in such activity he has on his person a valid public land
management area stamp issued pursuant to this section.
(b) Any agreement made pursuant to subsection (a) of this section to
require the issuance of public land management area stamps shall be
subject to the following conditions:
(1) Such stamps shall be issued, sold, and the fees therefor
collected, by the State agency or by the authorized agents of such
agency.
(2) Notice of the requirement to possess such stamps shall be
displayed prominently in all places where State hunting, trapping, or
fishing licenses are sold. To the maximum extent practicable, the sale
of such stamps shall be combined with the sale of such State hunting,
trapping, and fishing licenses.
(3) Except for expenses incurred in the printing, issuing, or selling
of such stamps, the fees collected for such stamps by the State agency
shall be utilized in carrying out conservation and rehabilitation
programs implemented under this subchapter in the State concerned. Such
fees may be used by the State agency to acquire lands or interests
therein from willing sellers or donors to provide public access to
program lands that have no existing public access for enhancement of
outdoor recreation and wildlife conservation: Provided, That the
Secretary of Agriculture and the Secretary of the Interior maintain such
access, or ensure that maintenance is provided for such access, through
or to lands within their respective jurisdiction.
(4) The purchase of any such stamp shall entitle the purchaser
thereof to hunt, trap, and fish on any public land within such State
which is the subject of a conservation or rehabilitation program
implemented under this subchapter except to the extent that the public
use of such land is limited pursuant to a comprehensive plan or
cooperative agreement; but the purchase of any such stamp shall not be
construed as (A) eliminating the requirement for the purchase of a
migratory bird hunting stamp as set forth in section 718a of this title,
or (B) relieving the purchaser from compliance with any applicable State
game and fish laws and regulations.
(5) The amount of the fee to be charged for such stamps, the age at
which the individual is required to acquire such a stamp, and the
expiration date for such stamps shall be mutually agreed upon by the
State agency and the Secretary or Secretaries concerned; except that
each such stamp shall be void not later than one year after the date of
issuance.
(6) Each such stamp must be validated by the purchaser thereof by
signing his name across the face of the stamp.
(7) Any individual to whom a stamp is sold pursuant to this section
shall upon request exhibit such stamp for inspection to any officer or
employee of the Department of the Interior or the Department of
Agriculture, or to any other person who is authorized to enforce section
670j(a) of this title.
(Pub. L. 86-797, title II, 203, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1371; amended Pub. L. 100-653, title II, 201, Nov.
14, 1988, 102 Stat. 3826.)
1988 -- Subsec. (b)(3). Pub. L. 100-653 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ''Except for expenses
incurred in the printing, issuing, or selling of such stamps, the fees
collected for such stamps by the State agency shall be utilized in
carrying out conservation and rehabilitation programs implemented under
this subchapter in the State concerned and for no other purpose. If
such programs are implemented by both the Secretary of the Interior and
the Secretary of Agriculture in the State, the Secretaries shall
mutually agree, on such basis as they deem reasonable, on the proportion
of such fees that shall be applied by the State agency to their
respective programs.''
16 USC 670j. Enforcement provisions
TITLE 16 -- CONSERVATION
(a) Violations and penalties
(1) Any person who hunts, traps, or fishes on any public land which
is subject to a conservation and rehabilitation program implemented
under this subchapter without having on his person a valid public land
management area stamp, if the possession of such a stamp is required,
shall be fined not more than $1,000, or imprisoned for not more than six
months, or both.
(2) Any person who knowingly violates or fails to comply with any
regulations prescribed under section 670h(c)(5) of this title shall be
fined not more than $500, or imprisoned not more than six months, or
both.
(b) Designation of enforcement personnel powers; issuance of arrest
warrants; trial and sentencing by United States magistrate judges
(1) For the purpose of enforcing subsection (a) of this section, the
Secretary of the Interior and the Secretary of Agriculture may designate
any employee of their respective departments, and any State officer or
employee authorized under a cooperative agreement to enforce subsection
(a) of this section to (i) carry firearms; (ii) execute and serve any
warrant or other process issued by a court or officer of competent
jurisdiction; (iii) make arrests without warrant or process for a
misdemeanor he has reasonable grounds to believe is being committed in
his presence or view; (iv) search without warrant or process any
person, place, or conveyance as provided by law; and (v) seize without
warrant or process any evidentiary item as provided by law.
(2) Upon the sworn information by a competent person, any United
States magistrate judge or court of competent jurisdiction may issue
process for the arrest of any person charged with committing any offense
under subsection (a) of this section.
(3) Any person charged with committing any offense under subsection
(a) of this section may be tried and sentenced by any United States
magistrate judge designated for that purpose by the court by which he
was appointed, in the same manner and subject to the same conditions as
provided for in section 3401 of title 18.
(c) Seizure and forfeiture of equipment and vessels
All guns, traps, nets, and other equipment, vessels, vehicles, and
other means of transportation used by any person when engaged in
committing an offense under subsection (a) of this section shall be
subject to forfeiture to the United States and may be seized and held
pending the prosecution of any person arrested for committing such
offense. Upon conviction for such offense, such forfeiture may be
adjudicated as a penalty in addition to any other provided for
committing such offense.
(d) Applicability of customs laws to seizures and forfeitures;
exceptions
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof, and
the remission or mitigation of such forfeitures, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this section, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this section;
except that all powers, rights, and duties conferred or imposed by the
customs laws upon any officer or employee of the Department of the
Treasury shall, for the purposes of this section, be exercised or
performed by the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, or by such persons as he may designate.
(Pub. L. 86-797, title II, 204, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1372; amended Pub. L. 101-650, title III, 321, Dec.
1, 1990, 104 Stat. 5117.)
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
''United States magistrate judge'' substituted for ''United States
magistrate'' in subsec. (b)(2), (3) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
16 USC 670k. Definitions
TITLE 16 -- CONSERVATION
As used in this subchapter --
(1) The term ''Administrator'' means the Administrator of the
National Aeronautics and Space Administration.
(2) The term ''Chairman'' means the Chairman of the Atomic Energy
Commission.
(3) The term ''off-road vehicle'' means any motorized vehicle
designed for, or capable of, cross-country travel on or immediately over
land, water, sand, snow, ice, marsh, swampland, or other natural
terrain; but such term does not include --
(A) any registered motorboat at the option of each State;
(B) any military, fire, emergency, or law enforcement vehicle when
used for emergency purposes; and
(C) any vehicle the use of which is expressly authorized by the
Secretary of the Interior or the Secretary of Agriculture under a
permit, lease, license, or contract.
(4) The term ''public land'' means all lands, under the respective
jurisdiction of the Secretary of the Interior, the Secretary of
Agriculture, the Chairman, and the Administrator, except land which is,
or hereafter may be, within or designated as --
(A) a military reservation;
(B) a unit of the National Park System;
(C) an area within the national wildlife refuge system;
(D) an Indian reservation; or
(E) an area within an Indian reservation or land held in trust by the
United States for an Indian or Indian tribe.
(5) The term ''State agency'' means the agency or agencies of a State
responsible for the administration of the fish and game laws of the
State.
(6) The term ''conservation and rehabilitation programs'' means to
utilize those methods and procedures which are necessary to protect,
conserve, and enhance wildlife, fish, and game resources to the maximum
extent practicable on public lands subject to this subchapter consistent
with any overall land use and management plans for the lands involved.
Such methods and procedures shall include, but shall not be limited to,
all activities associated with scientific resources management such as
protection, research, census, law enforcement, habitat management,
propagation, live trapping and transplantation, and regulated taking in
conformance with the provisions of this subchapter. Nothing in this
term shall be construed as diminishing the authority or jurisdiction of
the States with respect to the management of resident species of fish,
wildlife, or game, except as otherwise provided by law.
(Pub. L. 86-797, title II, 205, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1373.)
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
16 USC 670l. Applicability to Forest Service and Bureau of Land
Management lands of public land management area stamp requirements;
authorized fees
TITLE 16 -- CONSERVATION
Notwithstanding any other provision in this subchapter, section 670i
of this title shall not apply to land which is, or hereafter may be,
within or designated as Forest Service land or as Bureau of Land
Management land of any State in which all Federal lands therein comprise
60 percent or more of the total area of such State; except that in any
such State, any appropriate State agency may agree with the Secretary of
Agriculture or the Secretary of the Interior, or both, as the case may
be, to collect a fee as specified in such agreement at the point of sale
of regular licenses to hunt, trap, or fish in such State, the proceeds
of which shall be utilized in carrying out conservation and
rehabilitation programs implemented under this subchapter in the State
concerned and for no other purpose.
(Pub. L. 86-797, title II, 206, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1374.)
16 USC 670m. Indian rights unaffected; State or Federal jurisdiction
regulating Indian rights preserved
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall enlarge or diminish or in any way
affect (1) the rights of Indians or Indian tribes to the use of water or
natural resources or their rights to fish, trap, or hunt wildlife as
secured by statute, agreement, treaty, Executive order, or court decree;
or (2) existing State or Federal jurisdiction to regulate those rights
either on or off reservations.
(Pub. L. 86-797, title II, 207, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1374.)
16 USC 670n. Omitted
TITLE 16 -- CONSERVATION
Section, Pub. L. 86-797, title II, 208, as added Pub. L. 93-452,
2, Oct. 18, 1974, 88 Stat. 1374, which provided that nothing in this
chapter in any way affect the jurisdiction, authority, duties, or
activities of the Joint Federal-State Land Use Planning Commission
established pursuant to section 1616 of Title 43, Public Lands, and that
during the development of any cooperative plan for Alaska which may be
agreed to under subchapter I of this chapter after the effective date of
this section and of any comprehensive program for Alaska under this
subchapter, such Commission shall be given an opportunity to submit its
comments on such plan or program, was omitted in view of the termination
of the Joint Federal-State Land Use Planning Commission on June 30,
1979.
16 USC 670o. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) Functions and responsibilities of Secretary of the Interior
There are authorized to be appropriated the sum of $10,000,000 for
each of the fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990,
1991, 1992, and 1993, to enable the Secretary of the Interior to carry
out his functions and responsibilities under this subchapter, including
data collection, research, planning, and conservation and rehabilitation
programs on public lands. Such funds shall be in addition to those
authorized for wildlife, range, soil, and water management pursuant to
section 1748 of title 43, or other provisions of law.
(b) Functions and responsibilities of Secretary of Agriculture
There are authorized to be appropriated the sum of $12,000,000 for
each of the fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990,
1991, 1992, and 1993, to enable the Secretary of Agriculture to carry
out his functions and responsibilities under this subchapter. Such
funds shall be in addition to those provided under other provisions of
law. In requesting funds under this subsection the Secretary shall take
into account fish and wildlife program needs, including those for
projects, identified in the State comprehensive plans as contained in
the program developed pursuant to the Forest and Rangeland Renewable
Resources Planning Act of 1974, as amended (16 U.S.C. 1601-1610).
(c) Use of other conservation or rehabilitation authorities
The Secretary of the Interior and the Secretary of Agriculture may
each use any authority available to him under other laws relating to
fish, wildlife, or plant conservation or rehabilitation for purposes of
carrying out the provisions of this subchapter.
(d) Contract authority respecting property, services or assistance
affecting State agencies; appropriations requirement
The Secretary of the Interior and the Secretary of Agriculture may
each make purchases and contracts for property and services from, or
provide assistance to, the State agencies concerned, if such property,
services or assistance is required to implement those projects and
programs carried out on, or of benefit to, Federal lands and identified
in the comprehensive plans or cooperative agreements developed under
section 670h of this title without regard to title III (other than
section 304) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251-260). Contract authority provided in this section is
effective only to such extent or in such amounts as are provided in
appropriation Acts.
(Pub. L. 86-797, title II, 209, as added Pub. L. 93-452, 2, Oct.
18, 1974, 88 Stat. 1374; amended Pub. L. 95-420, 3, Oct. 5, 1978, 92
Stat. 921; Pub. L. 97-396, 5, Dec. 31, 1982, 96 Stat. 2005; Pub. L.
99-561, 1(b), Oct. 27, 1986, 100 Stat. 3149; Pub. L. 100-653, title
II, 202(b), Nov. 14, 1988, 102 Stat. 3827.)
The Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended, referred to in subsec. (b), is Pub. L. 93-378, Aug. 17,
1974, 88 Stat. 476, as amended, which is classified generally to
subchapter I ( 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Title III of the Act is classified generally to
subchapter IV ( 251 et seq.) of chapter 4 of Title 41, Public Contracts.
Section 304 of that Act is classified to section 254 of Title 41. For
complete classification of this Act to the Code, see Short Title note
set out under section 471 of Title 40, Public Buildings, Property, and
Works, and Tables.
1988 -- Subsecs. (a), (b). Pub. L. 100-653 substituted ''1988,
1989, 1990, 1991, 1992, and 1993'' for ''and 1988''.
1986 -- Subsecs. (a), (b). Pub. L. 99-561 substituted ''1985, 1986,
1987, and 1988'' for ''and 1985''.
1982 -- Subsecs. (a), (b). Pub. L. 97-396, 5(1), substituted
''1983, 1984, and 1985,'' for ''ending September 30, 1979, September 30,
1980, and September 30, 1981,'' wherever appearing.
Subsecs. (c), (d). Pub. L. 97-396, 5(2), added subsecs. (c) and
(d).
1978 -- Subsec. (a). Pub. L. 95-420 substituted provisions
authorizing appropriation of $10,000,000 for each of fiscal years ending
Sept. 30, 1979, 1980, and 1981 to enable the Secretary to carry out his
functions, including data collection, research, planning, and
conservation and rehabilitation programs, such funds to be in addition
to those authorized for wildlife, range, soil and water management
pursuant to section 1748 of title 43, for provisions authorizing
appropriation of $10,000,000 for fiscal year ending June 30, 1974, and
for each of next four fiscal years to enable Department of the Interior
to carry out its functions.
Subsec. (b). Pub. L. 95-420 substituted provisions authorizing
appropriation of $12,000,000 for fiscal years ending Sept. 30, 1979,
1980, and 1981 to enable Secretary of Agriculture to carry out his
functions, such funds to be in addition to those otherwise provided, and
provisions relating to fish and wildlife program needs including those
identified in State plans developed pursuant to Forest and Rangeland
Renewable Resources Planning Act of 1974, for provisions authorizing
appropriation of $10,000,000 for fiscal year ending June 30, 1974, and
for each of next four fiscal years to enable Department of Agriculture
to carry out its functions.
16 USC CHAPTER 6 -- GAME AND BIRD PRESERVES; PROTECTION
TITLE 16 -- CONSERVATION
Sec.
671. National Bison Range.
672. Omitted.
673. Wyoming Elk Reserve.
673a. Addition to the Wyoming Elk Reserve.
673b. National Elk Refuge in Wyoming.
673c. Conservation of elk in Wyoming.
(a) Creation of program; licensed hunters deputized as rangers.
(b) Recommendations by Wyoming Game and Fish Commission, and National
Park Service; controlled reduction; deputation of hunters; removal of
carcasses.
673d. Restoration and conservation of elk in California.
673e. Cooperation of Secretaries of the Interior, Agriculture and
Defense with State of California.
673f. Report by Secretary of the Interior to Congress; contents;
recommendations.
673g. Plan for elk restoration and conservation; coordination of
Secretary of the Interior with Federal, State and other officers;
integration with State plans.
674. Sullys Hill National Game Preserve.
674a. Sullys Hill National Park; transfer of control; change of
name to Sullys Hill National Game Preserve; boundaries; use by public;
hunting.
674b. Sullys Hill National Game Preserve; acquisition of additional
lands.
674c. Boundary and division fences for Sullys Hill National Game
Preserve; buildings and improvements; supplies; employees.
674d. Authorization of appropriations.
675. Norbeck Wildlife Preserve; establishment.
676. Hunting, trapping, killing, or capturing game on Norbeck
Wildlife Preserve unlawful.
677. Inclosure of Norbeck Wildlife Preserve.
678. Exchange of lands with State of South Dakota and Norbeck
Wildlife Preserve.
678a. Mining locations in Norbeck Wildlife Preserve; rules and
regulations.
678b. Redefinition of western boundary of Norbeck Wildlife Preserve.
679. Patents to State of South Dakota of certain lands in Custer
State Park; reservation of coal, oil, gas, and other mineral rights.
680. Game animal and bird refuge in South Dakota; establishment.
681. Erection of fence by South Dakota for game animal and bird
refuge.
682. Game refuge in Ozark National Forest.
683. Areas set aside for protection of game and fish; unlawfully
taking game or fish.
684. Game breeding areas in Wichita and Grand Canyon National
Forests.
685. Hunting, trapping, killing, or capturing game in designated
breeding areas unlawful.
686. Operation of local game laws not affected.
687. Grand Canyon Game Preserve included in park.
688. Repealed.
689. Tahquitz National Game Preserve.
689a. Other uses of land permitted in Tahquitz National Game
Preserve.
689b. Hunting, pursuing, capturing in Tahquitz National Game
Preserve unlawful.
689c. Rules and regulations for administration of the Tahquitz
Preserve; predatory animals.
689d. Acceptance of title to privately owned lands within Tahquitz
Preserve.
690. Bear River Migratory Bird Refuge; establishment; acquisition
of lands.
690a. Maintenance of lands acquired as refuge and breeding place for
migratory birds.
690b. Consent of Utah to acquisition of lands for Bear River Refuge;
approval of title to lands acquired.
690c. Existence of easements, reservations, or exceptions as barring
acquisition of lands.
690d. Injuries to property on Bear River Refuge; disturbance of
birds, etc.; violation of regulations for use of refuge.
690e. Enforcement of laws and regulations; warrants and processes;
jurisdiction of courts; forfeiture of property captured, injured,
killed or removed.
(a) Arrests and warrants.
(b) Seizures and forfeitures.
690f. Expenditures by Secretary of the Interior for construction,
maintenance, etc. of Bear River Refuge; employment of necessary means
to execute functions imposed on him.
690g. Violation of laws and regulations; penalties.
690h. ''Person'' defined.
690i. Omitted.
691. Cheyenne Bottoms Migratory Bird Refuge; location; acquisition
of land.
691a. Establishment of Cheyenne Bottoms Migratory Bird Refuge;
purpose.
691b. Omitted.
691c. Acquisition of areas for Cheyenne Bottoms Refuge; title;
rights-of-way, easements, and reservations.
691d. Applicability of certain statutes.
692. Game sanctuaries or refuges in Ocala National Forest;
creation.
692a. Hunting, pursuing, capturing, etc. in Ocala National Forest
unlawful.
693. Game sanctuaries and refuges in Ouachita National Forest.
693a. Rules and regulations for administration of Ouachita National
Forest; violations; penalties.
693b. Robert S. Kerr Memorial Arboretum and Nature Center in
Ouachita National Forest; authority to establish.
693c. Administration by Secretary of Agriculture of the Robert S.
Kerr Center.
693d. Cooperation with public and private agencies; contributions
and gifts for Robert S. Kerr Center.
694. Fish and game sanctuaries in national forests; establishment
by President.
694a. Hunting, pursuing, capturing, etc. in sanctuaries in national
forests unlawful.
694b. Rules and regulations for administration of sanctuaries in
national forests; jurisdiction of States.
695. Migratory waterfowl and other wildlife refuge in California;
participation by State of California.
695a. Title in United States of California refuge areas; existence
of easements, reservations, etc.; affecting acquisition.
695b. Applicability of certain statutes.
695c. Availability of funds for construction of dams, buildings,
etc. for California refuge.
695d. Development of water supplies for waterfowl management in
California; reauthorization of Central Valley Project.
695e. Construction, operation, and maintenance of water supply
development works.
695f. Construction, etc., authorized by section 695e as not
reimbursable or returnable under reclamation laws.
695g. Authorization of appropriations.
695h. Ownership by State of California of works constructed.
695i. Authorization of Secretary of the Interior to contract for
water delivery; nonreimbursable or nonreturnable basis of delivery.
(a) Amount and time of water delivery to Service.
(b) Construction, operation, and maintenance of water conveyance
facilities.
(c) Reversionary rights of Secretary.
(d) Restrictive covenants.
695j. Conformity of water use with California laws; construction of
sections 695d to 695j-1.
695j-1. Conformity of contracts with Federal law through negotiation
of amendments.
695k. Congressional declaration of policy for preservation of
habitat for migratory waterfowl and prevention of depredations on
agricultural crops.
695l. Dedication of lands within boundaries of refuges to wildlife
conservation; administration of lands for waterfowl management and
optimum agricultural use; homestead entry prohibition; inclusion of
other public lands; property of the United States.
695m. Annual percentage payments of net revenues from leases of
Klamath project lands on pro rata basis; limitation on payments;
priority of use of net revenues.
695n. Leases of Lower Klamath and Tule Lake National Wildlife Refuge
reserved lands; management of other reserved public lands for waterfowl
purposes.
695o. Limitation on reduction of areas by diking or other
construction.
695p. Regulation of waters to maintain sump levels.
695q. Research studies on Clear Lake Refuge; report to Congress.
695r. Regulations by Secretary.
696. National Key Deer Refuge; establishment; acquisition of
property: exchanges, cash equalization payments; administration.
696a. Acquisition of title to properties for National Key Deer
Refuge; rights-of-way and easements.
696b. Authorization of appropriations; limitation.
697, 697a. Omitted.
698. Big Thicket National Preserve.
(a) Establishment.
(b) Location; boundaries; publication in Federal Register.
(c) Methods of acquisition of land.
698a. Acquisition of property for Big Thicket Preserve.
(a) Mineral rights; easements; improved properties.
(b) Plan to Congressional committees; time; contents.
(c) Completion of land acquisition program; time.
698b. Right of use and occupancy of improved property on Big Thicket
Preserve.
(a) Election of right of use and occupancy; payment of fair market
value; termination of right.
(b) ''Improved property'' defined.
(c) Waiver of right to relocation assistance by election of right of
use and occupancy.
698c. Administration of Big Thicket Preserve.
(a) Natural and ecological integrity.
(b) Limitation on construction of roads, campgrounds, etc.; rules and
regulations for use of Federal lands and waters.
(c) Hunting, fishing, and trapping authorized in accordance with
applicable Federal and State laws; consultation with appropriate State
agency prior to implementation of regulations restricting activities.
698d. Review of Big Thicket Preserve area by Secretary; report to
President.
698e. Authorization of appropriations for Big Thicket Preserve.
698f. Big Cypress National Preserve; Big Cypress National Preserve
Addition.
(a) Establishment.
(b) Location; boundaries; publication in Federal Register; area.
(c) Methods of acquisition of land; prerequisites to Federal
appropriations; improved property; oil and gas rights; appraisal of
property; transfer of Federal property to Secretary.
(d) Land within Addition; United States share of acquisition costs.
698g. Acquisition of lands for Big Cypress Preserve.
(a) Expeditious acquisition of Florida lands.
(b) Submission of plan to Congressional committees; time; contents.
(c) Time for completion of land acquisition program.
698h. Right of use and occupancy of improved property on Big Cypress
Preserve and Addition.
(a) Election of right of use and occupancy; payment of fair market
value; termination of right.
(b) ''Improved property'' defined.
(c) Waiver of right to relocation assistance by election of right of
use and occupancy.
698i. Administration of Big Cypress Preserve; applicability of
other laws; rules and regulations for use of lands and waters;
transportation facilities; consultation and cooperation with Secretary
of Transportation.
698j. Hunting, fishing, and trapping in Big Cypress Preserve and
Addition authorized in accordance with applicable Federal and State
laws; consultation with appropriate State agency prior to
implementation of regulations restricting activities; land use and
retention rights of Miccosukee and Seminole Indian Tribes.
698k. Contracts for providing visitor services in Big Cypress
Preserve and Addition; right of first refusal to Miccosukee and
Seminole Tribes.
698l. Review of Big Cypress Preserve area and Addition area by
Secretary; report to President.
698m. Authorization of appropriations for Big Cypress Preserve and
Addition.
698m-1. Big Cypress National Preserve Addition.
(a) Establishment.
(b) Location; boundaries; publication in Federal Register.
(c) Designation; management.
(d) Completion of land acquisition; time.
698m-2. Establishment of recreational access points, roads, etc., in
conjunction with creation of Big Cypress National Preserve Addition;
cooperation among agencies.
698m-3. Status of Big Cypress National Preserve and Addition;
report to Congress; plan.
698m-4. Oil and gas exploration, development, and production in Big
Cypress National Preserve and Addition.
(a) Promulgation of rules and regulations.
(b) Contents of rule or regulation; permit from National Park
Service.
(c) Activities to conform to requirements of National Park Service.
(d) Consideration of practices used in similar habitats or
ecosystems.
(e) Interim agreements with owners of non-Federal oil and gas
interests prior to promulgation of rules and regulations.
(f) Minerals Management Office; establishment; duties.
(g) Authorization of appropriations.
698n. Timucuan Ecological and Historic Preserve.
(a) Establishment.
(b) Land acquisition.
(c) Administration.
(d) Development of multiunit residential/resort project.
698o. Protection of significant historic assets.
698p. Integrated administration and interpretation.
698q. Little River Canyon National Preserve; establishment.
(a) In general.
(b) Area included.
(c) Map.
(d) Publication of description.
698r. Administration.
(a) In general.
(b) Hunting and fishing.
(c) Water resources projects.
(d) Cooperative agreements with State.
(e) DeSoto State Park.
(f) Public involvement.
(g) Green Pitcher Plant.
698s. Acquisition.
(a) Authorization.
(b) Negotiations for acquisition.
(c) Environmental audits.
(d) Future additions.
698t. Authorization of appropriations.
16 USC 671. National Bison Range
TITLE 16 -- CONSERVATION
There is reserved and excepted from the unallotted lands now embraced
within the Flathead Indian Reservation, in the State of Montana, a
parcel not to exceed twenty thousand acres of said lands, near the
confluence of the Pend d'Oreille and Jocko Rivers, for a permanent
National Bison Range for the herd of bison presented by the American
Bison Society. The Secretary of the Interior is authorized and directed
to inclose said lands with a good and substantial fence and to erect
thereon the necessary sheds and buildings for the proper care and
maintenance of the said bison.
(May 23, 1908, ch. 192, 35 Stat. 267; Mar. 4, 1909, ch. 301, 35
Stat. 1051; 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433.)
Act May 23, 1908, authorized President to reserve and except 12,800
acres, only, for the purposes of this section.
Act May 23, 1908, also made an appropriation to enable Secretary of
the Interior to pay the confederated tribes of the Flathead, Kootenai,
and Upper Pend d'Oreille, and such other Indians as rightfully belonged
on the reservation, the appraised value of the lands which provision was
omitted as temporary and executed.
Act Mar. 4, 1909, directed President to reserve and except a
sufficient area to enlarge the range to not to exceed 20,000 acres.
Functions of Secretary of Agriculture relating to conservation of
wildlife, game, and migratory birds transferred to Secretary of the
Interior by Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, Government Organization and Employees.
16 USC 672. Omitted
TITLE 16 -- CONSERVATION
Section, act Aug. 10, 1912, ch. 284, 37 Stat. 293, which
established the Wind Cave National Game Preserve. The Preserve was
abolished and property transferred to Wind Cave National Park, to be
administered by Secretary of the Interior for purposes expressed in this
section, see section 141b of this title.
16 USC 673. Wyoming Elk Reserve
TITLE 16 -- CONSERVATION
There is established a winter game (elk) reserve in the State of
Wyoming, which shall be located in that section of Wyoming lying south
of the Yellowstone Park, and shall include not less than two thousand
acres in township 41 north, ranges 115 and 116 west, and the Secretary
of the Interior is authorized to purchase said lands with improvements,
to erect necessary buildings and inclosures, and to incur other expenses
necessary for the maintenance of the reserve. The Secretary of the
Interior is authorized to include in said refuge and to inclose not more
than one thousand acres of unoccupied public lands, which when selected
shall be made to conform to the lines of the public surveys, and shall
be adjacent to or partly inclosed by said refuge.
(Aug. 10, 1912, ch. 284, 37 Stat. 293; Mar. 4, 1913, ch. 145,
1(part), 37 Stat. 847; 1939 Reorg. Plan No. II, 4(f), eff. July 1,
1939, 4 F.R. 2731, 53 Stat. 1433.)
Section is a combination provision, the first sentence being from act
Aug. 10, 1912, and the last from act Mar. 4, 1913.
As originally enacted, the first sentence was in the form of an
appropriation for the purposes thereof as was also the second sentence
which began with the following words: ''For the establishment and
maintenance of a winter elk refuge in the State of Wyoming, $5,000, to
be available until expended, and the Secretary, etc.''
Res. Feb. 25, 1927, ch. 205, 44 Stat. 1246, authorized the
acceptance of title to certain lands in accordance with this section.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 673a. Addition to the Wyoming Elk Reserve
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept, on behalf of
and without expense to the United States, from the Izaak Walton League
of America, or its authorized trustees, a gift of certain lands in Teton
County, Wyoming, described as the south half of section 4; the east
half of the southeast quarter of section 5; the southwest quarter of
the southeast quarter of section 5; the south half of the southwest
quarter of section 5; the southeast quarter of the northeast quarter of
section 7; the east half of the southeast quarter of section 7; the
southwest quarter of the southeast quarter of section 7, and lot 4 of
section 7; all of section 8; the north half of the northeast quarter
of section 9; the north half of the northwest quarter of section 9;
and the southwest quarter of the northwest quarter of section 9; the
north half of the northeast quarter of section 17; lot 1 of section 18;
and the east half of the northwest quarter of section 18; all in
township 41 north, range 115 west, of the sixth principal meridian,
including all the buildings and improvements thereon, and all rights,
easements, and appurtenances thereunto appertaining, subject to the
conditions that they be used and administered by the United States,
under the supervision and control of the Secretary of the Interior, for
the grazing of, and as a refuge for, American elk and other big game
animals, and that they be known as the Izaak Walton League addition to
the winter elk refuge: Provided, That upon the conveyance of said lands
to the United States, as herein provided, they shall become a part of
the winter elk refuge established under section 673 of this title, and
shall be subject to any laws governing the administration and protection
of said refuge.
(Feb. 25, 1927, ch. 205, 44 Stat. 1246; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 673b. National Elk Refuge in Wyoming
TITLE 16 -- CONSERVATION
The following-described lands of the Jackson Hole National Monument
are made a part of the National Elk Refuge and shall be administered
hereafter in accordance with the laws applicable to said refuge:
16 USC sixth principal meridian
TITLE 16 -- CONSERVATION
Township 42 north, range 116 west: Those portions of sections 24,
25, 26, and 35 lying east of the east right-of-way line of United States
Highway Numbered 187, and lying south and east of the north and west
bank of the Gros Ventre River.
Township 42 north, range 115 west: Those portions of sections 8, 9,
10, 17, 18, and 19 lying south and east of the north and west bank of
the Gros Ventre River; section 20; section 29, northwest quarter;
section 30, north half.
Township 41 north, range 116 west: Entire portion now in Jackson
Hole National Monument except that portion in section 2 lying west of
the east right-of-way line of United States Highway Numbered 187.
Containing in all six thousand three hundred and seventy-six acres,
more or less.
(Sept. 14, 1950, ch. 950, 2, 64 Stat. 849.)
The Jackson Hole National Monument, referred to in text, was created
in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943, 57 Stat.
731. For provisions transferring other lands of such former national
monument, see sections 406d-1 and 482m of this title.
Revocation of temporary withdrawals of public lands in aid of
legislation pertaining to parks, monuments, etc., adjacent to Grand
Teton National Park in Wyoming, see note set out under section 406d-1 of
this title.
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
16 USC 673c. Conservation of elk in Wyoming
TITLE 16 -- CONSERVATION
(a) Creation of program; licensed hunters deputized as rangers
The Wyoming Game and Fish Commission and the National Park Service
shall devise, from technical information and other pertinent data
assembled or produced by necessary field studies or investigations
conducted jointly by the technical and administrative personnel of the
agencies involved, and recommend to the Secretary of the Interior and
the Governor of Wyoming for their joint approval, a program to insure
the permanent conservation of the elk within the Grand Teton National
Park established by this Act. Such program shall include the controlled
reduction of elk in such park, by hunters licensed by the State of
Wyoming and deputized as rangers by the Secretary of the Interior, when
it is found necessary for the purpose of proper management and
protection of the elk.
(b) Recommendations by Wyoming Game and Fish Commission, and National
Park Service; controlled reduction; deputation of hunters; removal of
carcasses
At least once a year between February 1 and April 1, the Wyoming Game
and Fish Commission and the National Park Service shall submit to the
Secretary of the Interior and to the Governor of Wyoming, for their
joint approval, their joint recommendations for the management,
protection, and control of the elk for that year. The yearly plan
recommended by the Wyoming Game and Fish Commission and the National
Park Service shall become effective when approved by the Secretary of
the Interior and the Governor of Wyoming, and thereupon the Wyoming Game
and Fish Commission and the Secretary of the Interior shall issue
separately, but simultaneously such appropriate orders and regulations
as are necessary to carry out those portions of the approved plan that
fall within their respective jurisdictions. Such orders and
regulations, to be issued by the Secretary of the Interior and the
Wyoming Game and Fish Commission, shall include provision for controlled
and managed reduction by qualified and experienced hunters licensed by
the State of Wyoming and deputized as rangers by the Secretary of the
Interior, if and when a reduction in the number of elk by this method
within the Grand Teton National Park established by this Act is required
as a part of the approved plan for the year, provided that one elk only
may be killed by each such licensed and deputized ranger. Such orders
and regulations of the Secretary of the Interior for controlled
reduction shall apply only to the lands within the Park which lie east
of the Snake River and those lands west of Jackson Lake and the Snake
River which lie north of the present north boundaries of Grand Teton
National Park, but shall not be applicable to lands within the Jackson
Hole Wildlife Park. After the Wyoming Game and Fish Commission and the
National Park Service shall have recommended to the Secretary of the
Interior and the Governor of Wyoming in any specified year a plan, which
has received the joint approval of the Secretary of the Interior and the
Governor of Wyoming, calling for the controlled and managed reduction by
the method prescribed herein of the number of elk within the Grand Teton
National Park established by this Act, and after the Wyoming Game and
Fish Commission shall have transmitted to the Secretary of the Interior
a list of persons who have elk hunting licenses issued by the State of
Wyoming and who are qualified and experienced hunters, on or before July
1 of that year the Secretary of the Interior, without charge, shall
cause to be issued orders deputizing the persons whose names appear on
such list, in the number specified by the plan, as rangers for the
purpose of entering the park and assisting in the controlled reduction
plan. Each such qualified hunter, deputized as a ranger, participating
in the controlled reduction plan shall be permitted to remove from the
park the carcass of the elk he has killed as a part of the plan.
(Sept. 14, 1950, ch. 950, 6, 64 Stat. 851.)
This Act, referred to in subsecs. (a) and (b), is act Sept. 14,
1950, which is classified to sections 406d-1 to 406d-5, 531a, 451a,
482m, 673b, 673c of this title. For complete classification of this Act
to the Code, see Tables.
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
Grand Teton National Park in Wyoming, establishment, etc., see
section 406d-1 et seq. of this title.
16 USC 673d. Restoration and conservation of elk in California
TITLE 16 -- CONSERVATION
It is the sense of Congress that the restoration and conservation of
a Tule elk population in California of at least two thousand, except
that the number of Tule elk in the Owens River Watershed area shall at
no time exceed four hundred and ninety or such greater number which is
determined by the State of California to be the maximum holding capacity
of such area, is an appropriate national goal.
(Pub. L. 94-389, 1, Aug. 14, 1976, 90 Stat. 1189.)
16 USC 673e. Cooperation of Secretaries of the Interior, Agriculture
and Defense with State of California
TITLE 16 -- CONSERVATION
The Secretary of the Interior, the Secretary of Agriculture, and the
Secretary of Defense shall cooperate with the State of California in
making the lands under their respective jurisdictions reasonably
available for the preservation and grazing of Tule elk in such manner
and to such extent as may be consistent with Federal law.
(Pub. L. 94-389, 2, Aug. 14, 1976, 90 Stat. 1190.)
16 USC 673f. Report by Secretary of the Interior to Congress;
contents; recommendations
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall submit, on or before the first of
March of 1983 and each third year thereafter, a report to the Congress
as to the estimated size and condition of the various Tule elk herds in
California and the nature and condition of their respective habitats.
The Secretary shall include in such report his determination as to
whether or not the preservation of the Tule elk herd at its
then-existing level is, or may be, endangered or threatened by actual or
proposed changes in land use or land management practices on lands owned
by any Federal, State, or local agency, together with his
recommendations as to what Federal actions, if any, should be taken in
order to preserve the Tule elk herds at the then-existing level or such
other level as may be determined from time to time by the State of
California.
(Pub. L. 94-389, 3, Aug. 14, 1976, 90 Stat. 1190; Pub. L. 97-375,
title II, 208(c), Dec. 21, 1982, 96 Stat. 1825.)
1982 -- Pub. L. 97-375 substituted ''of 1983 and each third year
thereafter'' for ''of each year''.
16 USC 673g. Plan for elk restoration and conservation; coordination
of Secretary of the Interior with Federal, State and other officers;
integration with State plans
TITLE 16 -- CONSERVATION
The Secretary of the Interior, in coordination with all Federal,
State, and other officers having jurisdiction over lands on which Tule
elk herds are located or lands which would provide suitable Tule elk
habitat, shall develop a plan for Tule elk restoration and conservation,
including habitat management, which shall be integrated with the
comparable plans of State and local authorities in California.
(Pub. L. 94-389, 4, Aug. 14, 1976, 90 Stat. 1190; Pub. L. 97-375,
title I, 108(a), Dec. 21, 1982, 96 Stat. 1820.)
1982 -- Pub. L. 97-375 struck out requirement that the Secretary's
annual report to Congress describe the development and implementation of
the plan.
16 USC 674. Sullys Hill National Game Preserve
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to inclose the Sullys
Hill National Game Preserve with a good and substantial fence, to
construct thereon all sheds, buildings, and corrals necessary for the
proper care and maintenance of the animals and birds therein, to erect a
suitable headquarters, to construct and maintain roads, trails, and
other structures necessary for the convenience of visitors, and to incur
such other expenses as may be necessary for the proper maintenance of
the preserve and the animals and birds placed therein. He is also
authorized to place in the park buffalos, elk, deer, and such other wild
or rare animals and birds as he may in his discretion decide.
(June 30, 1914, ch. 131, 38 Stat. 434; Mar. 3, 1931, ch. 439, 1, 46
Stat. 1509; 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433.)
This section was a provision of the agricultural appropriation act
for the fiscal year 1915, act June 30, 1914, which, in the first
sentence, made an appropriation of $5,000 for the improvement of a game
preserve in Sullys Hill National Park, the same to be available until
expended.
Act Mar. 3, 1931, provided that the Sullys Hill National Park should
be administered as a big-game preserve, refuge and breeding grounds for
wild animals and birds, which should be known as the Sullys Hill
National Game Preserve.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 674a. Sullys Hill National Park; transfer of control; change
of name to Sullys Hill National Game Preserve; boundaries; use by
public; hunting
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall administer Sullys Hill National
Park, together with all improvements thereon, in the State of North
Dakota, as a big game preserve, refuge, and breeding grounds for wild
animals and birds, which shall be known as the Sullys Hill National Game
Preserve and shall embrace within its boundaries the lands described in
the proclamation of June 2, 1904, establishing Sullys Hill Park,
together with all unsurveyed or public lands uncovered by the recession
of the waters of Devils Lake in front of said reservation, the preserve
to be bounded on the north and northwest by the waters of Devils Lake,
and on the west and southwest by a stream which flows through lands
uncovered by the recession of the waters of Devils Lake, approximately
midway between lots 10 and 11, section 17; lots 1, 2, 6, and 8, section
16; and lot 2, section 9; lots 3, 4, and 5, section 16, township 152
north, range 65 west, fifth principal meridian, as meandered on the
official plats of survey approved June 23, 1904, and June 2, 1927:
Provided, That the said game preserve is to be made available to the
public for recreational purposes insofar as consistent with the use of
this area as a game preserve: Provided further, That hunting shall not
be permitted on said game preserve.
(Mar. 3, 1931, ch. 439, 1, 46 Stat. 1509; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 674b. Sullys Hill National Game Preserve; acquisition of
additional lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire, by purchase
or otherwise, after July 1, 1932, an area of land not to exceed three
thousand acres, at an average cost of not more than $10 per acre, with
the improvements thereon, situated on the east and south of said
preserve as described in section 674a of this title, within sections 10,
11, 12, 13, 14, 15, 22, 23, and 24, township 152 north, range 65 west,
fifth principal meridian, said lands, upon acquisition by the United
States, to become a part of the Sullys Hill National Game Preserve.
(Mar. 3, 1931, ch. 439, 2, 46 Stat. 1509; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 674c. Boundary and division fences for Sullys Hill National
Game Preserve; buildings and improvements; supplies; employees
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to construct and maintain
such boundary and division fences as are required to inclose and
subdivide the preserve; to construct such buildings and improvements,
to install and maintain a suitable water-supply and sanitary system, to
purchase such supplies, and to employ such assistants as are necessary
for the maintenance of the preserve and the improvements thereon and for
the accommodation of visitors thereto.
(Mar. 3, 1931, ch. 439, 3, 46 Stat. 1510; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 674d. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated out of any moneys in
the Treasury not otherwise appropriated such sums as Congress shall from
time to time deem necessary to carry out the purposes of sections 674a
to 674c of this title.
(Mar. 3, 1931, ch. 439, 4, 46 Stat. 1510.)
16 USC 675. Norbeck Wildlife Preserve; establishment
TITLE 16 -- CONSERVATION
There is designated as the Norbeck Wildlife Preserve such areas, not
exceeding forty-six thousand acres, of the Harney National Forest, and
adjoining or in the vicinity of the Custer State Park, in the State of
South Dakota, as should, in the opinion of the President of the United
States, be set aside for the protection of game animals and birds, and
be recognized as a breeding place therefor.
(June 5, 1920, ch. 247, 1, 41 Stat. 986; June 7, 1924, ch. 324, 43
Stat. 632; Oct. 6, 1949, ch. 620, 1, 63 Stat. 708.)
As enacted by act June 5, 1920, this section authorized the President
to designate areas not exceeding 30,000 acres, but by amendment by act
June 7, 1924, the President was authorized, upon recommendation of the
Secretary of Agriculture, to enlarge the area by proclamation to embrace
a total of not to exceed 46,000 acres and the provisions of sections 676
to 678 of this title, apply with equal force to the additional area.
''Custer State Park Game Sanctuary'' changed to ''Norbeck Wildlife
Preserve'' by act Oct. 6, 1949.
Harney National Forest abolished and its lands transferred to and
consolidated with those of Black Hills National Forest by Public Land
Order No. 1016 of Oct. 4, 1954, 19 F.R. 6500.
Areas comprising the Norbeck Wildlife Preserve, formerly known as the
Custer State Park Game Sanctuary, were designated by Proclamations of
Oct. 9, 1920 (41 Stat. 1805), Jan. 8, 1925 (43 Stat. 1981), and Jan.
14, 1929 (45 Stat. 2985).
16 USC 676. Hunting, trapping, killing, or capturing game on Norbeck
Wildlife Preserve unlawful
TITLE 16 -- CONSERVATION
When such areas have been designated as provided for in section 675
of this title, hunting, trapping, killing, or capturing of game animals
and birds upon the lands of the United States within the limits of said
areas shall be unlawful, except under such regulations as may be
prescribed from time to time by the Secretary of Agriculture. It is the
purpose of this section to protect from trespass the public lands of the
United States and the game animals and birds which may be thereon, and
not to interfere with the operation of the local game laws as affecting
private or State lands.
(June 5, 1920, ch. 247, 2, 3, 41 Stat. 986; June 25, 1948, ch.
645, 11, 62 Stat. 860.)
First sentence of section is from section 2 and the last from section
3 of act June 5, 1920.
1948 -- Act June 25, 1948, struck out penal provisions. See section
41 of Title 18, Crimes and Criminal Procedure.
Section 20 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
16 USC 677. Inclosure of Norbeck Wildlife Preserve
TITLE 16 -- CONSERVATION
The State of South Dakota is authorized and permitted to erect and
maintain a good substantial fence, inclosing in whole or in part Norbeck
Wildlife Preserve. The State shall erect and maintain such gates in
this fence as may be required by the authorized agents of the Federal
Government in administering this wildlife preserve and the adjoining
national forest lands, and may erect and maintain such additional
inclosures as may be agreed upon with the Secretary of Agriculture. The
right of the State to maintain this fence shall continue so long as
Norbeck Wildlife Preserve is also given similar protection by the laws
of the State of South Dakota.
(June 5, 1920, ch. 247, 4, 41 Stat. 986; Oct. 6, 1949, ch. 620, 1,
63 Stat. 708.)
''Custer State Park Game Sanctuary'' changed to ''Norbeck Wildlife
Preserve'' by act Oct. 6, 1949.
16 USC 678. Exchange of lands with State of South Dakota and Norbeck
Wildlife Preserve
TITLE 16 -- CONSERVATION
Upon recommendation of the Secretary of Agriculture, the Secretary of
the Interior may patent to the State of South Dakota not to exceed one
thousand six hundred acres of nonmineral national forest lands not
otherwise appropriated or withdrawn within the areas of Norbeck Wildlife
Preserve: Provided, That the State of South Dakota conveys to the
Government good and sufficient title to other lands of equal value owned
by the State and lying within the exterior boundaries of a national
forest in the State of South Dakota and approved by the Secretary of
Agriculture as equally desirable for national forest purposes, the lands
thus conveyed to the Government to become a part of the national forest.
This shall not operate to restrict any selection rights which the State
may have or may be hereafter granted, excepting as to the specific lands
conveyed to the Government under authority of this section.
(June 5, 1920, ch. 247, 5, 41 Stat. 986; Oct. 6, 1949, ch. 620, 1,
63 Stat. 708.)
''Custer State Park Game Sanctuary'' changed to ''Norbeck Wildlife
Preserve'' by act Oct. 6, 1949.
16 USC 678a. Mining locations in Norbeck Wildlife Preserve; rules and
regulations
TITLE 16 -- CONSERVATION
Subject to the conditions herein provided, mining locations may be
made under the general mining laws of the United States on lands of the
United States situated within the exterior boundaries of that portion of
the Harney National Forest designated as the Norbeck Wildlife Preserve,
South Dakota, created pursuant to the provisions of sections 675 to 678
of this title. A locator shall have the right to occupy and use so much
of the surface of the land covered by the location as may be reasonably
necessary to carry on prospecting and mining, including the taking of
mineral deposits and timber required by or in the mining operations, and
no permit shall be required or charge made for such use or occupancy:
Provided, however, That the mining operations herein authorized shall be
subject to such rules and regulations as the Secretary of Agriculture
may deem necessary in furtherance of the purposes for which the said
preserve was established: Provided further, That the cutting and
removal of timber, except where clearing is necessary in connection with
mining operations or to provide space for buildings or structures used
in connection with mining operations, shall be conducted in accordance
with the marking rules and timber sale practices applicable to the
Harney National Forest, and no use of the surface of the claim or the
resources therefrom not reasonably required for carrying on mining and
prospecting shall be allowed except under the national-forest rules and
regulations, nor shall the locator prevent or obstruct other occupancy
of the surface or use of surface resources under authority of
national-forest regulations, or permits issued thereunder, if such
occupancy or use is not in conflict with mineral development: Provided
further, That the Secretary of Agriculture in his discretion may
prohibit the location of mining claims within six hundred and sixty feet
of any Federal, State, or county road, and within such other areas where
the location of mining claims would not be in the public interest: And
provided further, That no patent shall be issued by the United States on
any location filed pursuant to the authority contained in this section.
(June 24, 1948, ch. 611, 1, 62 Stat. 580; Oct. 6, 1949, ch. 620,
1, 63 Stat. 708.)
The general mining laws of the United States, referred to in text,
are classified generally to Title 30, Mineral Lands and Mining.
''Custer State Park Game Sanctuary'' changed to ''Norbeck Wildlife
Preserve'' by act Oct. 6, 1949.
Harney National Forest abolished and its lands transferred to and
consolidated with those of Black Hills National Forest by Public Land
Order No. 1016 of Oct. 4, 1954, 19 F.R. 6500.
16 USC 678b. Redefinition of western boundary of Norbeck Wildlife
Preserve
TITLE 16 -- CONSERVATION
To facilitate administration for the purpose for which the preserve
has been established, the western boundary of the preserve lying north
of Custer State Park is redefined as follows:
Beginning at the east quarter corner of section 7, township 2 south,
range 5 east, Black Hills meridian; thence south along said section
line to its intersection with a line three hundred feet north of the
Horse Thief Lake Road; thence southwesterly along a line three hundred
feet northwesterly from the center line of said road and running
approximately parallel thereto to the intersection of said road with
United States Highway 85A; thence southerly along a line three hundred
feet west of United States Highway 85A and approximately parallel
thereto to the present south boundary of said preserve in section 3
south, range 4 east, Black Hills meridian.
(June 24, 1948, ch. 611, 2, 62 Stat. 581; Oct. 6, 1949, ch. 620,
1, 63 Stat. 708.)
''Custer State Park Game Sanctuary'' changed to ''Norbeck Wildlife
Preserve'' by act Oct. 6, 1949.
16 USC 679. Patents to State of South Dakota of certain lands in
Custer State Park; reservation of coal, oil, gas, and other mineral
rights
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to issue to
the State of South Dakota patents conveying title, but reserving the
minerals therein, to any unpatented lands of the United States held or
claimed by virtue of locations made prior to March 3, 1925, under the
United States general mining laws, within the Custer State Park, not
exceeding a total of two thousand acres, upon payment to the United
States of $1.25 per acre therefor, and upon evidence being furnished
that all claim, right, title, and interest of such claimants have been
transferred to the State or have been abandoned. Patents so issued to
the State of South Dakota shall be conditioned upon the lands being used
for park purposes, and provide for the reversion of the lands of the
United States in the event of failure to so hold and use. The United
States reserves all coal, oil, gas, or other minerals in the lands
patented under this section with the right, in case any of said patented
lands are found by the Secretary of the Interior to be more valuable for
the minerals therein than for park purposes, to provide, by special
legislation, having due regard for the rights of the State of South
Dakota, for the disposition and extraction of the coal, oil, gas or
other minerals therein. The provisions of this section are limited to
lands lying within the limits of the Custer State Park, within townships
3 and 4 south, range 6 east, and the east one-third of townships 3 and 4
south, range 5 east, Black Hills meridian.
(Mar. 3, 1925, ch. 465, 43 Stat. 1185.)
The United States general mining laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 680. Game animal and bird refuge in South Dakota;
establishment
TITLE 16 -- CONSERVATION
Subject to valid rights and entries initiated under the public land
laws, prior to June 7, 1924, any or all of the following described lands
in Government ownership may be withdrawn from entry and disposition by
proclamation of the President for the purpose of protecting and
propagating antelope and other game animals and birds: National forest
lands -- Township 18 north, range 7 east, Black Hills meridian, section
24, south half, and south half north half; section 25, all; township
18 north, range 8 east, sections 17 to 20, inclusive; section 21, west
half; sections 29 to 32, inclusive. Public lands -- Township 18 north,
range 7 east, sections 5 to 9, inclusive; sections 13 to 23, inclusive;
section 24, north half north half; sections 26 to 36, inclusive; and
those parts of sections 3, 4, 10, and 11 lying south and west of the
Riva Road. The withdrawal of the lands herein authorized shall not
affect withdrawals for national forest purposes made prior to June 7,
1924.
(June 7, 1924, ch. 326, 1, 43 Stat. 634.)
16 USC 681. Erection of fence by South Dakota for game animal and bird
refuge
TITLE 16 -- CONSERVATION
The State of South Dakota is authorized and permitted to erect and
maintain a good, substantial fence inclosing in whole or in part such
areas as may be designated and set aside by the President under the
authority of section 680 of this title. The State shall erect and
maintain such gates in this fence as may be required by the authorized
agents of the Federal Government in the administration of the National
forest lands embraced therein, or to provide ingress and egress to
persons occupying lands within said inclosure. The right of the State
to maintain said fence shall continue so long as the area designated by
the President shall be given protection by the laws of the State of
South Dakota as a game refuge.
(June 7, 1924, ch. 326, 2, 43 Stat. 634.)
16 USC 682. Game refuge in Ozark National Forest
TITLE 16 -- CONSERVATION
The President of the United States is authorized to designate such
national forest lands within the Ozark National Forest, within the State
of Arkansas, as should, in his discretion, be set aside for the
protection of game animals, birds, or fish; and, except under such
rules and regulations as the Secretary of Agriculture may from time to
time prescribe, it shall be unlawful for any person to hunt, catch,
trap, willfully disturb, or kill any kind of game animal, game or
nongame bird, or fish, or take the eggs of any such bird on any lands so
set aside, or in or on the waters thereof.
(Feb. 28, 1925, ch. 376, 43 Stat. 1091; Aug. 11, 1945, ch. 365, 59
Stat. 531; June 25, 1948, ch. 645, 12, 62 Stat. 861.)
1948 -- Act June 25, 1948, struck out penal provisions (see section
41 of Title 18, Crimes and Criminal Procedure), and inserted provision
relating to the unlawfulness in hunting, catching, etc., game animals,
etc., under rules and regulations of the Secretary of Agriculture.
1945 -- Act Aug. 11, 1945, struck out last sentence which read ''No
lands within the present limits of the fourth congressional district
shall be included in such designations.''
Section 20 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
Lands comprising the Ozark National Game Refuge were designated by
Proclamations of June 13, 1928 (45 Stat. 2953), and Oct. 25, 1935 (49
Stat. 3478).
16 USC 683. Areas set aside for protection of game and fish;
unlawfully taking game or fish
TITLE 16 -- CONSERVATION
The President of the United States is authorized to designate such
areas on any lands which have been, or which may hereafter be, purchased
by the United States under the provisions of the Act of March first,
nineteen hundred and eleven, and Acts supplementary thereto and
amendatory thereof, as should, in his opinion, be set aside for the
protection of game animals, birds, or fish; and, except under such
rules and regulations as the Secretary of Agriculture may from time to
time prescribe, it shall be unlawful for any person to hunt, catch,
trap, willfully disturb or kill any kind of game animal, game or nongame
bird, or fish, or take the eggs of any such bird on any lands so set
aside, or in or on the waters thereof.
(Aug. 11, 1916, ch. 313, 39 Stat. 476; June 25, 1948, ch. 645, 10,
62 Stat. 860.)
Act of March first, nineteen hundred and eleven, referred to in text,
was in the original ''Act of March first, nineteen hundred and eleven
(Thirty-six Statutes at Large, page nine hundred and sixty-one),
entitled 'An Act to enable any State to cooperate with any other State
or States, or with the United States, for the protection of watersheds
of navigable streams, and to appoint a commission for the acquisition of
lands for the purpose of conserving the navigability of navigable
streams''', which is popularly known as the Weeks Law, and is classified
to sections 480, 500, 513 to 519, 521, 552, and 553 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 552 of this title and Tables.
1948 -- Act June 25, 1948, struck out penal provisions (see section
41 of Title 18, Crimes and Criminal Procedure), and inserted provision
relating to the unlawfulness in hunting, catching, etc. game animals,
etc. under rules and regulations of Secretary of Agriculture.
Section 20 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
The following areas have been designated by the President:
Big Levels Game Refuge. Proclamation of July 6, 1935 (49 Stat.
3448).
Cherokee National Game Refuges. Proclamation of Aug. 5, 1924 (43
Stat. 1964), and Oct. 22, 1934 (49 Stat. 3423).
National Catahoula Wildlife Management Preserve. Proclamation of
Sept. 27, 1941 (55 Stat. 1689).
National Red Dirt Wildlife Management Preserve. Proclamation of
Sept. 27, 1941 (55 Stat. 1688).
Noontootly National Game Refuge. Proclamation of July 6, 1938 (52
Stat. 1549).
Pisgah National Game Preserve. Proclamation of Oct. 17, 1916 (39
Stat. 1811).
16 USC 684. Game breeding areas in Wichita and Grand Canyon National
Forests
TITLE 16 -- CONSERVATION
The President of the United States is authorized to designate such
areas in the Wichita National Forest and in the Grand Canyon National
Forest as should, in his opinion, be set aside for the protection of
game animals and birds and be recognized as a breeding place therefor.
(Jan. 24, 1905, ch. 137, 1, 33 Stat. 614; June 29, 1906, ch. 3593,
1, 34 Stat. 607.)
Act Jan. 24, 1905, and act June 29, 1906, are identical in language
throughout, except that the earlier act authorizes the setting aside of
areas in Wichita National Forest, while the latter authorizes areas in
Grand Canyon National Forest. The two acts have been combined to form
this section and sections 685 and 686 of this title.
''Wichita National Forest'' and ''Grand Canyon National Forest''
substituted for ''Wichita Forest Reserve'' and ''Grand Canyon Forest
Reserve'', respectively, on authority of act Mar. 4, 1907, ch. 2907,
34 Stat. 1269, which provided that forest reserves shall hereafter be
known as national forests.
Forest
The entire Wichita National Forest was designated a Game Preserve by
Proclamation of June 2, 1905 (34 Stat. 3062), enlarged by Executive
Order No. 7116, July 26, 1935, and designated the Wichita Mountains
Wildlife Refuge by Act June 4, 1936, ch. 489, title I, 1, 49 Stat.
1446. Proclamation No. 2211, Nov. 27, 1936 (50 Stat. 1797), revoked
the proclamations of July 4, 1901 (32 Stat. 1973), May 29, 1906 (34
Stat. 3207), and Oct. 13, 1910 (36 Stat. 2754), establishing,
enlarging, and modifying the Wichita National Forest, but did affect the
Wichita Mountains Wildlife Refuge.
The Grand Canyon National Game Preserve was established by
Proclamation of Nov. 28, 1906 (34 Stat. 3263), enlarged by Proclamation
of June 23, 1908 (35 Stat. 2192), and diminished by Proclamation of June
3, 1909 (36 Stat. 2496). The lands of the Grand Canyon National Forest
were divided among and combined with those of the Coconino and Kaibab
National Forests by Proclamation of July 2, 1908 (35 Stat. 2196).
16 USC 685. Hunting, trapping, killing, or capturing game in
designated breeding areas unlawful
TITLE 16 -- CONSERVATION
When such areas have been designated in the Wichita National Forest
as provided for in section 684 of this title, hunting, trapping,
killing, or capturing of game animals and birds upon the lands of the
United States within the limits of said areas shall be unlawful, except
under such regulations as may be prescribed from time to time, by the
Secretary of the Interior.
When such areas have been designated in the Grand Canyon National
Forest as provided in section 684 of this title, hunting, trapping,
killing, or capturing of game animals upon the lands of the United
States within the limits of said areas shall be unlawful, except under
such regulations as may be prescribed from time to time by the Secretary
of Agriculture.
(Jan. 24, 1905, ch. 137, 2, 33 Stat. 614; June 29, 1906, ch. 3593,
2, 34 Stat. 607; 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433; June 25, 1948, ch. 645, 8, 9, 62 Stat.
860.)
Words ''in the Wichita National Forest and in the Grand Canyon
National Forest'' inserted, and ''Secretary of the Interior and
Secretary of Agriculture, respectively'' substituted for ''Secretary of
Agriculture'' because of Reorg. Plan No. II of 1939, which transferred
Bureau of Biological Survey from Department of Agriculture to Department
of the Interior. The successor to Wichita National Forest, which was
then administered by that Bureau, was affected by the transfer.
However, the successor to Grand Canyon National Forest was administered
by Forest Service and was consequently not affected.
For successors to Wichita National Forest and Grand Canyon National
Forest, see Presidential Designation note set out under section 684 of
this title.
1948 -- Act June 25, 1948, struck out penal provisions. See section
41 of Title 18, Crimes and Criminal Procedure.
Section 20 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 686. Operation of local game laws not affected
TITLE 16 -- CONSERVATION
It is the purpose of sections 684 and 685 of this title to protect
from trespass the public lands of the United States and the game animals
and birds which may be thereon, and not to interfere with the operation
of the local game laws as affecting private, State, or Territorial
lands.
(Jan. 24, 1905, ch. 137, 3, 33 Stat. 614; June 29, 1906, ch. 3593,
3, 34 Stat. 607.)
16 USC 687. Grand Canyon Game Preserve included in park
TITLE 16 -- CONSERVATION
Such parts of the Grand Canyon National Game Preserve, designated
under authority of section 684 of this title, as are by this Act
included with /1/ the Grand Canyon National Park are excluded and
eliminated from said game preserve.
(Feb. 26, 1919, ch. 44, 9, 40 Stat. 1178.)
This Act, referred to in text, is act Feb. 26, 1919, ch. 44, 40
Stat. 1175, as amended, which is classified principally to subchapter
XXIV ( 221 et seq.) of chapter 1 of this title. For complete
classification of this Act to the Code, see Tables.
/1/ So in original. Probably should be ''within''.
16 USC 688. Repealed. Pub. L. 95-625, title III, 314(g), Nov. 10,
1978, 92 Stat. 3483
TITLE 16 -- CONSERVATION
Section, acts July 3, 1926, ch. 744, 6, 44 Stat. 821; June 25,
1948, ch. 645, 13, 62 Stat. 861, related to designation of Sequoia
National Game Refuge, now made available for purposes of management of
Sequoia National Park as provided for in section 45f(b)(2) of this
title.
Section 314(g) of Pub. L. 95-625 provided in part that the repeal of
this section and section 45a-3 of this title is effective upon the
transfer of abolished Sequoia National Game Refuge by the Secretary of
Agriculture to the administrative jurisdiction of the Secretary under
section 45f(b)(2) of this title.
Section 314(g) of Pub. L. 95-625 provided in part that repeal of
this section should not be construed to prohibit or prevent the
Secretary from exercising any authority applicable to the national parks
respecting protection of birds, game, or other wild animals.
16 USC 689. Tahquitz National Game Preserve
TITLE 16 -- CONSERVATION
There is created within the San Bernardino National Forest in
Riverside County, California, for the protection of game animals, and as
the recognized breeding place therefor, the Tahquitz National Game
Preserve, which shall include the following lands: Sections 28, 29, 30,
31, 32, 33, 34, and 35, township 3 south, range 3 east, San Bernardino
meridian; sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22,
23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, township 4 south, range 3
east, San Bernardino meridian; and sections 1, 2, 3, 4, 9, 10, 11, 12,
13, 14, and 24, township 5 south, range 3 east, San Bernardino meridian;
but the establishment of this reservation shall not interfere with any
existing right or withdrawals made prior to July 3, 1926: Provided,
That all the land with /1/ the exterior boundary of the aforesaid tract
shall first become the property of the United States.
That where the Government survey has not been completed the aforesaid
description shall be deemed to refer to and be determined by lines
projected from the official survey.
(July 3, 1926, ch. 776, 1, 44 Stat. 889.)
/1/ So in original. Probably should be ''within''.
16 USC 689a. Other uses of land permitted in Tahquitz National Game
Preserve
TITLE 16 -- CONSERVATION
The lands included in said game preserve shall continue to be parts
of the national forest and nothing contained in sections 689 to 689d of
this title shall prevent the Secretary of Agriculture from permitting
other uses of said lands under and in conformity with the laws and rules
and regulations applicable thereto so far as any such use may be
consistent with the purposes for which said game preserve is
established.
(July 3, 1926, ch. 776, 2, 44 Stat. 889.)
16 USC 689b. Hunting, pursuing, capturing in Tahquitz National Game
Preserve unlawful
TITLE 16 -- CONSERVATION
On lands within the game preserve established in section 689a of this
title, hunting, pursuing, poisoning, killing, or capturing by trapping,
netting, or any other means, or attempting to hunt, pursue, kill, or
capture any wild animals or birds for any purpose whatever upon the
lands of the United States within the limits of said game preserve shall
be unlawful except as hereinafter provided.
(July 3, 1926, ch. 776, 3, 44 Stat. 889; June 25, 1948, ch. 645,
14, 62 Stat. 861.)
1948 -- Act June 25, 1948, struck out penal provisions. See section
41 of Title 18, Crimes and Criminal Procedure.
Section 20 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
16 USC 689c. Rules and regulations for administration of the Tahquitz
Preserve; predatory animals
TITLE 16 -- CONSERVATION
The Secretary of Agriculture shall execute the provisions of sections
689 to 689d of this title, and he is authorized to make all needful
rules and regulations for the administration of such game preserves in
accordance with the purposes of said sections, including regulations for
hunting, capturing, or killing predatory animals, such as wolves,
coyotes, cougar, and other species destructive to livestock or wildlife
within the limits of said game preserve.
(July 3, 1926, ch. 776, 4, 44 Stat. 889.)
16 USC 689d. Acceptance of title to privately owned lands within
Tahquitz Preserve
TITLE 16 -- CONSERVATION
Upon the recommendation of the Secretary of Agriculture the Secretary
of the Interior is authorized in his discretion to accept, on behalf of
the United States, title to any lands in private ownership within the
boundaries of the game preserve established, and make exchange therefor
under the provisions of sections 485 and 486 of this title.
(July 3, 1926, ch. 776, 5, 44 Stat. 889.)
16 USC 690. Bear River Migratory Bird Refuge; establishment;
acquisition of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to construct, at Bear
River Bay and vicinity, Utah, such dikes, ditches, spillways, buildings,
and improvements as may be necessary, in his judgment, for the
establishment of a suitable refuge and feeding and breeding grounds for
migratory wild fowl; also to acquire, by purchase, gift, or lease,
water rights and privately owned lands, including the improvements
thereon, deemed necessary by him for the purpose, or, in lieu of
purchase, to compensate any owner for any damage sustained by reason of
the submergence of his lands.
(Apr. 23, 1928, ch. 413, 1, 45 Stat. 448; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 690a. Maintenance of lands acquired as refuge and breeding
place for migratory birds
TITLE 16 -- CONSERVATION
Such lands, when acquired in accordance with the provisions of
sections 690 to 690i of this title, together with such lands of the
United States as may be designated for the purpose by proclamations or
Executive orders of the President, shall constitute the Bear River
Migratory Bird Refuge and shall be maintained as a refuge and breeding
place for migratory birds included in the terms of the convention
between the United States and Great Britain for the protection of
migratory birds, concluded August 16, 1916.
(Apr. 23, 1928, ch. 413, 2, 45 Stat. 448.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
16 USC 690b. Consent of Utah to acquisition of lands for Bear River
Refuge; approval of title to lands acquired
TITLE 16 -- CONSERVATION
No such area shall be acquired by the Secretary of the Interior
unless or until the Legislature of the State of Utah has consented to
the acquisition of lands by the United States for use as a refuge for
migratory wild fowl, and shall have provided for the use as a refuge for
migratory wild fowl by the United States of any lands owned or
controlled by the State in Bear River Bay, Utah, and vicinity, which the
Secretary of the Interior may deem necessary for such purpose, and which
the Secretary of the Interior is authorized to accept on behalf of the
United States; and, except in the case of a lease, no payments shall be
made by the United States for any such area until title thereto is
satisfactory to the Attorney General.
(Apr. 23, 1928, ch. 413, 3, 45 Stat. 449; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 690c. Existence of easements, reservations, or exceptions as
barring acquisition of lands
TITLE 16 -- CONSERVATION
The existence of a right-of-way easement or other reservation or
exception in respect of such area shall not be a bar to its acquisition
(1) if the Secretary of the Interior determines that any such
reservation or exception will in no manner interfere with the use of the
area for the purposes of sections 690 to 690i of this title, or (2) if
in the deed or other conveyance it is stipulated that any reservation or
exception in respect of such area, in favor of the person from whom the
United States receives title, shall be subject to regulations prescribed
under authority of sections 690 to 690i of this title.
(Apr. 23, 1928, ch. 413, 4, 45 Stat. 449; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 690d. Injuries to property on Bear River Refuge; disturbance
of birds, etc.; violation of regulations for use of refuge
TITLE 16 -- CONSERVATION
No person shall take, injure, or disturb any bird, or nest or egg
thereof, or injure or destroy any notice, signboard, fence, dike, ditch,
dam, spillway, improvement, or other property of the United States on
any area acquired or received under sections 690 to 690i of this title,
or remove therefrom or cut, burn, injure, or destroy any grass or other
natural growth thereon, or enter, use, or occupy the refuge for any
purpose, except in accordance with regulations prescribed by the
Secretary of the Interior: Provided, That at no time shall less than 60
per centum of the total acreage of the said refuge be maintained as an
inviolate sanctuary for such migratory birds.
(Apr. 23, 1928, ch. 413, 5, 45 Stat. 449; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 690e. Enforcement of laws and regulations; warrants and
processes; jurisdiction of courts; forfeiture of property captured,
injured, killed or removed
TITLE 16 -- CONSERVATION
(a) Arrests and warrants
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of sections 690 to
690i of this title (1) shall have power, without warrant, to arrest any
person committing in the presence of such employee a violation of
sections 690 to 690i of this title or of any regulation made pursuant
thereto, and to take such person immediately for examination or trial
before an officer or court of competent jurisdiction, and (2) shall have
power to execute any warrant or other process issued by an officer or
court of competent jurisdiction to enforce the provisions of said
sections or regulations made pursuant thereto. Any judge of a court
established under the laws of the United States, or any United States
magistrate judge may, within his respective jurisdiction, upon proper
oath or affirmation showing probable cause, issue warrants in all such
cases.
(b) Seizures and forfeitures
All birds or animals, or parts thereof, captured, injured, or killed,
and all grass and other natural growths, and nests and eggs of birds
removed contrary to the provisions of sections 690 to 690i of this title
or any regulation made pursuant thereto, shall, when found by such
employee or by any marshal or deputy marshal, be summarily seized by
him, and upon conviction of the offender or upon judgment of a court of
the United States that the same were captured, killed, taken, or removed
contrary to the provisions of sections 690 to 690i of this title or of
any regulation made pursuant thereto, shall be forfeited to the United
States and disposed of as directed by the Secretary of the Interior, in
accordance with law.
(Apr. 23, 1928, ch. 413, 6, 45 Stat. 449; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 17, 1968,
Pub. L. 90-578, title IV, 402(b)(2), 82 Stat. 1118; Nov. 8, 1978, Pub.
L. 95-616, 3(g), 92 Stat. 3111; Dec. 1, 1990, Pub. L. 101-650, title
III, 321, 104 Stat. 5117.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
1978 -- Subsec. (b). Pub. L. 95-616 substituted ''as directed by the
Secretary of the Interior, in accordance with law'' for ''as directed by
the court having jurisdiction''.
''United States magistrate judge'' substituted for ''United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' pursuant to Pub. L.
90-578. See chapter 43 ( 631 et seq.) of Title 28.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 690f. Expenditures by Secretary of the Interior for
construction, maintenance, etc., of Bear River Refuge; employment of
necessary means to execute functions imposed on him
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to make such expenditures
for construction, equipment, maintenance, repairs, and improvements,
including necessary investigations, and expenditures for personal
services and office expenses at the seat of government and elsewhere,
and to employ such means as may be necessary to execute the functions
imposed upon him by this section or sections 690 to 690i of this title
and as may be provided for by Congress from time to time.
(Apr. 23, 1928, ch. 413, 7, 45 Stat. 449; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 690g. Violation of laws and regulations; penalties
TITLE 16 -- CONSERVATION
Any person who shall violate or fail to comply with any provision of,
or any regulation made pursuant to sections 690d to 690i of this title
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined not more than $500 or be imprisoned not more than six
months, or both.
(Apr. 23, 1928, ch. 413, 9, 45 Stat. 450.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
16 USC 690h. ''Person'' defined
TITLE 16 -- CONSERVATION
As used in sections 690 to 690i of this title the term ''person''
includes an individual, partnership, association, or corporation.
(Apr. 23, 1928, ch. 413, 10, 45 Stat. 450.)
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
16 USC 690i. Omitted
TITLE 16 -- CONSERVATION
Section, act Apr. 23, 1928, ch. 413, 8, 45 Stat. 450, authorized
the appropriation of $350,000 for purposes of sections 690 to 690h of
this title, including $50,000 for purchase of land and improvements
thereon.
16 USC 691. Cheyenne Bottoms Migratory Bird Refuge; location;
acquisition of land
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire by purchase,
gift, or lease not to exceed twenty thousand acres of land in what is
known as the Cheyenne Bottoms, in Barton County, Kansas, or, in lieu of
purchase, to compensate any owner for any damage sustained by reason of
submergence of his lands.
(June 12, 1930, ch. 469, 1, 46 Stat. 579; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 691a. Establishment of Cheyenne Bottoms Migratory Bird Refuge;
purpose
TITLE 16 -- CONSERVATION
Such lands, when acquired in accordance with the provisions of
section 691 of this title, shall constitute the Cheyenne Bottoms
Migratory Bird Refuge, and shall be maintained as a refuge and breeding
place for migratory birds included in the terms of the convention
between the United States and Great Britain for the protection of
migratory birds concluded August 16, 1916.
(June 12, 1930, ch. 469, 2, 46 Stat. 579.)
16 USC 691b. Omitted
TITLE 16 -- CONSERVATION
Section, act June 12, 1930, ch. 469, 3, 46 Stat. 579, authorized
the appropriation of $250,000 for purchase of land described in section
691 of this title.
16 USC 691c. Acquisition of areas for Cheyenne Bottoms Refuge; title;
rights-of-way, easements, and reservations
TITLE 16 -- CONSERVATION
The Secretary of the Interior may do all things and make all
expenditures necessary to secure the safe title in the United States to
the areas which may be acquired under section 691 of this title,
including purchase of options when deemed necessary by the Secretary of
the Interior, and expenses incident to the location, examination, and
survey of such areas and the acquisition of title thereto, but no
payment shall be made for any such areas until the title thereto shall
be satisfactory to the Attorney General. That the acquisition of such
areas by the United States shall in no case be defeated because of
rights-of-way, easements, and reservations which from their nature will
in the opinion of the Secretary of the Interior in no manner interfere
with the use of the areas so encumbered for the purpose of section 691a
of this title.
(June 12, 1930, ch. 469, 4, 46 Stat. 579; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 671 of this title.
16 USC 691d. Applicability of certain statutes
TITLE 16 -- CONSERVATION
Sections 715f to 715i and 715l to 715n /1/ of this title are made
applicable for the purposes of sections 691, 691a, and 691c of this
title in the same manner and to the same extent as though they were
enacted as a part of those sections.
(June 12, 1930, ch. 469, 5, 46 Stat. 579.)
Sections 715l and 715m of this title, referred to in text, were
repealed by Pub. L. 89-669, 7(d), Oct. 15, 1966, 80 Stat. 930. See
section 668dd(f) and (e) of this title.
/1/ See References in Text note below.
16 USC 692. Game sanctuaries or refuges in Ocala National Forest;
creation
TITLE 16 -- CONSERVATION
The President of the United States is authorized to designate as game
refuges such lands of the United States within the Ocala National
Forest, in the State of Florida, as in his judgment should be set aside
for the protection of game animals and birds, but it is not intended
that the lands so designated shall cease to be parts of the national
forest within which they are located, and the establishment of such game
sanctuaries or refuges shall not prevent the Secretary of Agriculture
from permitting other uses of the lands under and in conformity with the
laws and regulations applicable thereto so far as such uses may be
consistent with the purposes for which such game sanctuaries or refuges
are established.
(June 28, 1930, ch. 709, 1, 46 Stat. 827.)
Lands comprising the Ocala National Game Refuge were designated by
Proclamation of July 24, 1930 (46 Stat. 3031), and Executive Order No.
5814 of Mar. 1, 1932.
16 USC 692a. Hunting, pursuing, capturing, etc., in Ocala National
Forest unlawful
TITLE 16 -- CONSERVATION
When such game sanctuaries or refuges have been established as
provided in section 692 of this title, the hunting, pursuing, poisoning,
killing, or capturing by trapping, netting, or any other means, or
attempting to hunt, pursue, kill, or capture any game animals or birds
upon the lands of the United States within the limits of such game
sanctuaries or refuges shall be unlawful except under such rules and
regulations as the Secretary of Agriculture may from time to time
prescribe.
(June 28, 1930, ch. 709, 2, 46 Stat. 828; June 25, 1948, ch. 645,
15, 62 Stat. 861.)
1948 -- Act June 25, 1948, struck out penal provisions (see section
41 of Title 18, Crimes and Criminal Procedure), and inserted reference
to rules and regulations of the Secretary of Agriculture.
Section 20 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
16 USC 693. Game sanctuaries and refuges in Ouachita National Forest
TITLE 16 -- CONSERVATION
For the purpose of providing breeding places and for the protection
and administration of game animals, birds, and fish, the President of
the United States is authorized, upon the recommendation of the
Secretary of Agriculture, to establish by public proclamation certain
specified areas within the Ouachita National Forest as game sanctuaries
and refuges.
(June 13, 1933, ch. 63, 1, 48 Stat. 128.)
Areas comprising the Quachita National Wildlife Preserve, formerly
known as the Muddy Creek Refuge, were designated by Proclamations of
Mar. 8, 1935 (49 Stat. 3439), and Oct. 29, 1938 (53 Stat. 2495).
16 USC 693a. Rules and regulations for administration of Ouachita
National Forest; violations; penalties
TITLE 16 -- CONSERVATION
The Secretary of Agriculture shall execute the provisions of this
section and section 693 of this title, and he is authorized to prescribe
all general rules and regulations for the administration of such game
sanctuaries and refuges, and violation of such rules and regulations
shall be punished by fine of not more than $500 or imprisonment for not
more than six months or both.
(June 13, 1933, ch. 63, 2, 48 Stat. 128.)
16 USC 693b. Robert S. Kerr Memorial Arboretum and Nature Center in
Ouachita National Forest; authority to establish
TITLE 16 -- CONSERVATION
In order to preserve, develop, and make available to this and future
generations the opportunity to advance themselves morally,
intellectually, and spiritually by learning about nature and to promote,
demonstrate, and stimulate interest in and knowledge of the management
of forest lands under principles of multiple use and sustained yield and
the development and progress of management of forest lands in America,
the Secretary of Agriculture is hereby authorized to establish the
Robert S. Kerr Memorial Arboretum and Nature Center in the Ouachita
National Forest. As soon as possible after June 4, 1968, the Secretary
of Agriculture shall publish notice of the designation thereof in the
Federal Register, together with an appropriate legal description of the
property. A map showing the location of the designated arboretum and
center shall be on file and available for public inspection in the
office of the Chief, Forest Service, Department of Agriculture.
(Pub. L. 90-327, 1, June 4, 1968, 82 Stat. 169.)
16 USC 693c. Administration by Secretary of Agriculture of the Robert
S. Kerr Center
TITLE 16 -- CONSERVATION
The area designated as the Robert S. Kerr Memorial Arboretum and
Nature Center shall be administered, protected, and developed within and
as a part of the Ouachita National Forest by the Secretary of
Agriculture in accordance with the laws, rules, and regulations
applicable to national forests in such manner as in his judgment will
best provide for the purposes of sections 693b to 693d of this title and
to provide for such management, utilization, and disposal of the natural
resources as in his judgment will promote or is compatible with and does
not significantly impair the purposes for which the Robert S. Kerr
Memorial Arboretum and Nature Center is established.
(Pub. L. 90-327, 2, June 4, 1968, 82 Stat. 169.)
16 USC 693d. Cooperation with public and private agencies;
contributions and gifts for Robert S. Kerr Center
TITLE 16 -- CONSERVATION
The Secretary of Agriculture is hereby authorized to cooperate with
and receive the cooperation of public and private agencies and
organizations and individuals in the development, administration, and
operation of the Robert S. Kerr Memorial Arboretum and Nature Center.
The Secretary of Agriculture is authorized to accept contributions and
gifts to be used to further the purposes of sections 693b to 693d of
this title.
(Pub. L. 90-327, 3, June 4, 1968, 82 Stat. 169.)
16 USC 694. Fish and game sanctuaries in national forests;
establishment by President
TITLE 16 -- CONSERVATION
For the purpose of providing breeding places for game birds, game
animals, and fish on lands and waters in the national forests not
chiefly suitable for agriculture, the President of the United States is
authorized, upon recommendation of the Secretary of Agriculture and the
Secretary of Commerce and with the approval of the State legislatures of
the respective States in which said national forests are situated, to
establish by public proclamation certain specified and limited areas
within said forests as fish and game sanctuaries or refuges which shall
be devoted to the increase of game birds, game animals, and fish of all
kinds naturally adapted thereto, but it is not intended that the lands
included in such fish and game sanctuaries or refuges shall cease to be
parts of the national forests wherein they are located, and the
establishment of such fish and game sanctuaries or refuges shall not
prevent the Secretary of Agriculture from permitting other uses of the
national forests under and in conformity with the laws and the rules and
regulations applicable thereto so far as such uses may be consistent
with the purposes for which such fish and game sanctuaries or refuges
are authorized to be established.
(Mar. 10, 1934, ch. 54, 1, 48 Stat. 400.)
Enforcement functions of Secretary or other official in Department of
Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with sections 694
to 694b of this title with respect to pre-construction, construction,
and initial operation of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of Federal
Inspector for Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, 102(f),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub.
L. 102-486, set out as an Abolition of Office of Federal Inspector note
under section 719e of Title 15, Commerce and Trade.
16 USC 694a. Hunting, pursuing, capturing, etc., in sanctuaries in
national forests unlawful
TITLE 16 -- CONSERVATION
When such fish and game sanctuaries or refuges have been established
as provided in section 694 of this title, hunting, pursuing, poisoning,
angling for, killing, or capturing by trapping, netting, or any other
means, or attempting to hunt, pursue, angle for, kill, or capture any
wild animals or fish for any purpose whatever upon the lands of the
United States within the limits of said fish and game sanctuaries or
refuges shall be unlawful except as hereinafter provided.
(Mar. 10, 1934, ch. 54, 2, 48 Stat. 400; June 25, 1948, ch. 645,
16, 62 Stat. 861.)
1948 -- Act June 25, 1948, struck out penal provisions. See section
41 of Title 18, Crimes and Criminal Procedure.
Section 10 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
16 USC 694b. Rules and regulations for administration of sanctuaries
in national forests; jurisdiction of States
TITLE 16 -- CONSERVATION
The Secretaries of Agriculture and Commerce shall execute the
provisions of sections 694 to 694b of this title, and they are jointly
authorized to make all needful rules and regulations for the
administration of such fish and game sanctuaries or refuges in
accordance with the purpose of sections 694 to 694b of this title,
including regulations not in contravention of State laws for hunting,
capturing, or killing predatory animals, such as wolves, coyotes, foxes,
pumas, and other species destructive to livestock or wildlife or
agriculture within the limits of said fish and game sanctuaries or
refuges: Provided, That the present jurisdiction of the States shall
not be altered or changed without the legislative approval of such
States.
(Mar. 10, 1934, ch. 54, 3, 48 Stat. 401.)
Enforcement functions of Secretary or other official in Department of
Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with sections 694
to 694b of this title with respect to pre-construction, construction,
and initial operation of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of Federal
Inspector for Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, 102(f),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub.
L. 102-486, set out as an Abolition of Office of Federal Inspector note
under section 719e of Title 15, Commerce and Trade.
16 USC 695. Migratory waterfowl and other wildlife refuge in
California; participation by State of California
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to purchase or rent not
to exceed twenty thousand acres of land or interests therein in suitable
locations in the State of California, for the management and control of
migratory waterfowl and other wildlife in connection therewith, from
moneys to be appropriated by Congress from time to time: Provided, That
no sums appropriated under this authority for the acquisition of lands
shall be expended for such purpose unless and until the State of
California shall have set aside and made available for expenditure funds
for the purchase of equivalent acreages as determined by the Secretary
of the Interior.
(May 18, 1948, ch. 303, 1, 62 Stat. 238.)
16 USC 695a. Title in United States of California refuge areas;
existence of easements, reservations, etc.; affecting acquisition
TITLE 16 -- CONSERVATION
The Secretary of the Interior may do all things and make all
expenditures necessary to secure the safe title in the United States to
the areas which may be acquired under sections 695 to 695c of this
title, including purchase of options when deemed necessary, and expenses
incident to the location, examination and survey of such areas and the
acquisition of title thereto, but no payments shall be made for any such
areas until the title thereto shall be satisfactory to the Attorney
General. The acquisition of such areas by the United States shall in no
case be defeated because of rights-of-way, easements, exceptions, and
reservations which from their nature will, in the opinion of the
Secretary of the Interior, in no manner interfere with the use of the
areas so encumbered for the purposes of said sections.
(May 18, 1948, ch. 303, 2, 62 Stat. 238.)
16 USC 695b. Applicability of certain statutes
TITLE 16 -- CONSERVATION
Sections 715g to 715i and 715l to 715n of this title are made
applicable for the purposes of sections 695 to 695c of this title in the
same manner and to the same extent as though they were enacted as part
of sections 695 to 695c of this title, except that lands acquired
hereunder may be administered primarily as wildlife management areas not
subject to the prohibition against the taking of birds or nests or the
eggs thereof, as contained in section 715i of this title, and hunting
thereon may be regulated, at the option of the Fish and Game Commission
of the State of California, in such cooperative manner as is deemed
necessary to carry out the purposes of sections 695 to 695c of this
title subject, however, to the provisions of the Migratory Bird Treaty
Act of July 3, 1918 (16 U.S.C. 703 et seq.).
(May 18, 1948, ch. 303, 3, 62 Stat. 239.)
The Migratory Bird Treaty Act of July 3, 1918, referred to in text,
is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is
classified generally to subchapter II of chapter 7 ( 703 et seq.) of
this title. For complete classification of this Act to the Code, see
section 710 of this title and Tables.
Sections 715l and 715m of this title, referred to in text, were
repealed by Pub. L. 89-669, 7(d), Oct. 15, 1966, 80 Stat. 930. See
section 668d(f) and (e) of this title.
16 USC 695c. Availability of funds for construction of dams,
buildings, etc., for California refuge
TITLE 16 -- CONSERVATION
Funds made available under sections 695 to 695c of this title or any
other Act for the administration, maintenance, and development of any
areas acquired under said sections, shall be available also for the
construction of dams, dikes, ditches, buildings, and other necessary
improvements and for the purchase, planting, growing, and harvesting of
grains and other crops for the feeding of waterfowl and other wildlife
frequenting the localities where such lands may be purchased or rented.
(May 18, 1948, ch. 303, 4, 62 Stat. 239.)
16 USC 695d. Development of water supplies for waterfowl management in
California; reauthorization of Central Valley Project
TITLE 16 -- CONSERVATION
The entire Central Valley project, California, heretofore authorized
under the Act of August 26, 1937 (50 Stat. 844, 850), and reauthorized
under the Act of October 17, 1940 (54 Stat. 1198, 1199), the Act of
October 14, 1949 (63 Stat. 852), and the Act of September 26, 1950 (64
Stat. 1036), is reauthorized and declared to be for the purposes set
forth in said Acts, and also for the use of the waters thereof for fish
and wildlife purposes, subject to such priorities as are applicable
under said Acts.
(Aug. 27, 1954, ch. 1012, 1, 68 Stat. 879.)
Act of August 26, 1937 (50 Stat. 844, 850), Act of October 17, 1940
(54 Stat. 1198, 1199), Act of October 14, 1949 (63 Stat. 852), and Act
of September 26, 1950 (64 Stat. 1036), referred to in text, are acts
Aug. 26, 1937, ch. 832, 50 Stat. 844; Oct. 17, 1940, ch. 895, 54
Stat. 1198; Oct. 14, 1949, ch. 690, 63 Stat. 852; Sept. 26, 1950,
ch. 1047, 64 Stat. 1036, which were not classified to the Code.
16 USC 695e. Construction, operation, and maintenance of water supply
development works
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to construct, operate,
and maintain such works on waterfowl management areas and refuges owned
and operated by the State of California or the United States as may be
necessary or desirable for the development of a water supply by means of
wells and the recovery of drainage, and to furnish water available from
such works, and water available from Central Valley project sources, for
wildlife management purposes substantially in accordance with the
recommendations set forth in the report of the United States Department
of the Interior entitled ''Waterfowl Conservation in the Lower San
Joaquin Valley, Its Relation to the Grasslands and the Central Valley
Project,'' dated October 1950, and such works should be developed in
cooperation with the State of California.
(Aug. 27, 1954, ch. 1012, 2, 68 Stat. 879.)
16 USC 695f. Construction, etc., authorized by section 695e as not
reimbursable or returnable under reclamation laws
TITLE 16 -- CONSERVATION
The cost of investigation, planning, and construction of the works
and the delivery of water as authorized in section 695e of this title
shall not be reimbursable or returnable under the Federal reclamation
laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory
thereof and supplementary thereto).
(Aug. 27, 1954, ch. 1012, 3, 68 Stat. 879.)
The reclamation laws, including the Act of June 17, 1902, 32 Stat.
388, and the Acts amendatory thereof and supplementary thereto, referred
to in text, are classified generally to chapter 12 ( 371 et seq.) of
Title 43, Public Lands.
16 USC 695g. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such funds, not to
exceed $400,000, for construction of necessary works to supply water for
State and federally owned and operated waterfowl management areas in the
San Joaquin Valley to carry out the purposes of sections 695d to 695j-1
of this title.
(Aug. 27, 1954, ch. 1012, 4, 68 Stat. 879.)
16 USC 695h. Ownership by State of California of works constructed
TITLE 16 -- CONSERVATION
Works constructed under the authorization of section 695e of this
title, for the purpose of supplying State wildlife management areas with
water, shall become the property of the State of California when
constructed.
(Aug. 27, 1954, ch. 1012, 5, 68 Stat. 879.)
16 USC 695i. Authorization of Secretary of the Interior to contract
for water delivery; nonreimbursable or nonreturnable basis of delivery
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to contract for the
delivery of water to public organizations or agencies for use within the
boundaries of such organizations or agencies for waterfowl purposes in
the Grasslands area of the San Joaquin Valley. If and when available,
such water shall be delivered from the Central Valley project to the
contracting entity, and the cost of furnishing the water shall not be
reimbursable or returnable under the Federal reclamation laws:
Provided, That, in order for the delivery of such water to continue on a
nonreimbursable or nonreturnable basis --
(a) Amount and time of water delivery to Service
the public organizations or agencies contracting with the Secretary
of the Interior, excluding the State of California, shall deliver
annually to the United States Fish and Wildlife Service (hereinafter
referred to as the ''Service''), at no cost to the United States, not
less than three thousand five hundred acre-feet of water during the
period October 1 through November 30, inclusive, and not less than four
thousand acre-feet of water during the period May 1 through September
30, inclusive, if available: Provided, That such amounts of water and
times of delivery may be changed upon approval of the Secretary of the
Interior;
(b) Construction, operation, and maintenance of water conveyance
facilities
the public organizations or agencies, excluding the State of
California, shall construct, operate, and maintain any water conveyance
facilities necessary to deliver the water referred to in subsection (a)
of this section to a point or points within the boundaries of such
public organization or agency as designated by the Service, or to such
points as may be mutually agreed upon by the public organization or
agency and the Service. The Service shall be responsible for delivering
the water from such point or points to appropriate locations within
lands under its jurisdiction;
(c) Reversionary rights of Secretary
any contract entered into by the Secretary of the Interior and any
public organization or agency pursuant to sections 695d to 695j-1 this
title shall provide that in the event the public organization or agency
for any reason fails to carry out the obligations imposed upon it by
said contract or by sections 695d to 695j-1 this title, the rights of
use of any facilities referred to in subsection (b) of this section, and
the rights to all water contracted for by the organization or agency
pursuant to sections 695d to 695j-1 this title shall revert to the
Secretary of the Interior for migratory waterfowl purposes in accordance
with the laws of the State of California; and
(d) Restrictive covenants
in accordance with existing or future contracts, the use of lands
located within the boundaries of the public organizations or agencies
shall be restricted by covenants requiring that such lands be used only
for the purpose of waterfowl and wildlife habitat conservation or other
uses as may be mutually agreed upon by the public organizations or
agencies and the Service.
(Aug. 27, 1954, ch. 1012, 6, 68 Stat. 879; Nov. 8, 1978, Pub. L.
95-616, 10(a), 92 Stat. 3115.)
The Federal reclamation laws, referred to in introductory text,
include the act of June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
popularly known as the Reclamation Act, and Acts amendatory thereof and
supplementary thereto, classified generally to chapter 12 ( 371 et seq.)
of Title 43, Public Lands. For complete classification of act June 17,
1902, to the Code, see Short Title note set out under section 371 of
Title 43 and Tables.
1978 -- Pub. L. 95-616 inserted second sentence, including pars.
(a) to (d), and struck out prior second sentence which read as follows:
''If and when available, such water shall be delivered from the Central
Valley project at a charge not to exceed the prevailing charge for class
2 water.''
16 USC 695j. Conformity of water use with California laws;
construction of sections 695d to 695j-1
TITLE 16 -- CONSERVATION
The use of all water furnished by the Secretary of the Interior under
sections 695e and 695i of this title shall be subject to and not
inconsistent with the laws of the State of California relating to
priorities of deliveries and use of water. Nothing contained in
sections 695d to 695j-1 of this title shall be construed as an
allocation of water.
(Aug. 27, 1954, ch. 1012, 7, 68 Stat. 880.)
16 USC 695j-1. Conformity of contracts with Federal law through
negotiation of amendments
TITLE 16 -- CONSERVATION
The Secretary is hereby authorized to negotiate amendments to
existing contracts to conform said contracts to the provisions of
sections 695d to 695j-1 of this title.
(Aug. 27, 1954, ch. 1012, 8, as added Nov. 8, 1978, Pub. L. 95-616,
10(b), 92 Stat. 3115.)
16 USC 695k. Congressional declaration of policy for preservation of
habitat for migratory waterfowl and prevention of depredations on
agricultural crops
TITLE 16 -- CONSERVATION
It is hereby declared to be the policy of the Congress to stabilize
the ownership of the land in the Klamath Federal reclamation project,
Oregon and California, as well as the administration and management of
the Klamath Federal reclamation project and the Tule Lake National
Wildlife Refuge, Lower Klamath National Wildlife Refuge, Upper Klamath
National Wildlife Refuge, and Clear Lake National Wildlife Refuge, to
preserve intact the necessary existing habitat for migratory waterfowl
in this vital area of the Pacific flyway, and to prevent depredations of
migratory waterfowl on agricultural crops in the Pacific Coast States.
(Pub. L. 88-567, 1, Sept. 2, 1964, 78 Stat. 850.)
16 USC 695l. Dedication of lands within boundaries of refuges to
wildlife conservation; administration of lands for waterfowl management
and optimum agricultural use; homestead entry prohibition; inclusion
of other public lands; property of the United States
TITLE 16 -- CONSERVATION
Notwithstanding any other provisions of law, all lands owned by the
United States lying within the Executive order boundaries of the Tule
Lake National Wildlife Refuge, the Lower Klamath National Wildlife
Refuge, the Upper Klamath National Wildlife Refuge, and the Clear Lake
Wildlife Refuge are hereby dedicated to wildlife conservation. Such
lands shall be administered by the Secretary of the Interior for the
major purpose of waterfowl management, but with full consideration to
optimum agricultural use that is consistent therewith. Such lands shall
not be opened to homestead entry. The following public lands shall also
be included within the boundaries of the area dedicated to wildlife
conservation, shall be administered by the Secretary of the Interior for
the major purpose of waterfowl management, but with full consideration
to optimum agricultural use that is consistent therewith, and shall not
be opened to homestead entry: Hanks March, and first form withdrawal
lands (approximately one thousand four hundred and forty acres) in
Klamath County, Oregon, lying adjacent to Upper Klamath National
Wildlife Refuge; White Lake in Klamath County, Oregon, and Siskiyou
County, California; and thirteen tracts of land in Siskiyou County,
California, lettered as tracts ''A'', ''B'', ''C'', ''D'', ''E'', ''F'',
''G'', ''H'', ''I'', ''J'', ''K'', ''L'', and ''N'' totaling
approximately three thousand two hundred and ninety-two acres, and tract
''P'' in Modoc County, California, containing about ten acres, all as
shown on plate 4 of the report entitled ''Plan for Wildlife Use of
Federal Lands in the Upper Klamath Basin, Oregon-California,'' dated
April 1956, prepared by the United States Fish and Wildlife Service.
All the above lands shall remain permanently the property of the United
States.
(Pub. L. 88-567, 2, Sept. 2, 1964, 78 Stat. 850.)
16 USC 695m. Annual percentage payments of net revenues from leases of
Klamath project lands on pro rata basis; limitation on payments;
priority of use of net revenues
TITLE 16 -- CONSERVATION
Subject to conditions hereafter prescribed, and pursuant to such
regulations as may be issued by the Secretary, 25 per centum of the net
revenues collected during each fiscal year from the leasing of Klamath
project reserved Federal lands within the Executive order boundaries of
the Lower Klamath National Wildlife Refuge and the Tule Lake National
Wildlife Refuge shall be paid annually by the Secretary, without further
authorization, for each full fiscal year after September 2, 1964 to the
counties in which such refuges are located, such payments to be made on
a pro rata basis to each county based upon the refuge acreage in each
county: Provided, That the total annual payment per acre to each county
shall not exceed 50 per centum of the average per acre tax levied on
similar lands in private ownership in each county, as determined by the
Secretary: Provided further, That no such payments shall be made which
will reduce the credits or the payments to be made pursuant to
contractual obligations of the United States with the Tulelake
Irrigation District or the payments to the Klamath Drainage District as
full reimbursement for the construction of irrigation facilities within
said district, and that the priority of use of the total net revenues
collected from the leasing of the lands described in this section shall
be (1) to credit or pay from each revenues to the Tulelake Irrigation
District the amounts already committed to such payment or credit; (2)
to pay from such revenues to the Klamath Drainage District the sum of
$197,315; and (3) to pay from such revenues to the counties the amounts
prescribed by this section.
(Pub. L. 88-567, 3, Sept. 2, 1964, 78 Stat. 850.)
16 USC 695n. Leases of Lower Klamath and Tule Lake National Wildlife
Refuge reserved lands; management of other reserved public lands for
waterfowl purposes
TITLE 16 -- CONSERVATION
The Secretary shall, consistent with proper waterfowl management,
continue the present pattern of leasing the reserved lands of the
Klamath Straits unit, the Southwest Sump, the League of Nations unit,
the Henzel lease, and the Frog Pond unit, all within the Executive order
boundaries of the Lower Klamath and Tule Lake National Wildlife Refuges
and shown in plate 4 of the report entitled ''Plan for Wildlife Use of
Federal Lands in the Upper Klamath Basin, Oregon-California,'' dated
April 1956. Leases for these lands shall be at a price or prices
designed to obtain the maximum lease revenues. The leases shall provide
for the growing of grain, forage, and soil-building crops, except that
not more than 25 per centum of the total leased lands may be planted to
row crops. All other reserved public lands included in section 695l of
this title shall continue to be managed by the Secretary for waterfowl
purposes, including the growing of agricultural crops by direct planting
and sharecrop agreements with local cooperators where necessary.
(Pub. L. 88-567, 4, Sept. 2, 1964, 78 Stat. 851.)
16 USC 695o. Limitation on reduction of areas by diking or other
construction
TITLE 16 -- CONSERVATION
The areas of sumps 1(a) and 1(b) in the Klamath project lying within
the Executive order boundaries of the Tule Lake National Wildlife Refuge
shall not be reduced by diking or by any other construction to less than
the existing thirteen thousand acres.
(Pub. L. 88-567, 5, Sept. 2, 1964, 78 Stat. 851.)
16 USC 695p. Regulation of waters to maintain sump levels
TITLE 16 -- CONSERVATION
In carrying out the obligations of the United States under any
migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as
amended (16 U.S.C. 703 et seq.), or the Migratory Bird Conservation Act
(45 Stat. 1222), as amended (16 U.S.C. 715 et seq.), waters under the
control of the Secretary of the Interior shall be regulated, subject to
valid existing rights, to maintain sump levels in the Tule Lake National
Wildlife Refuge at levels established by regulations issued by the
Secretary pursuant to the contract between the United States and the
Tulelake Irrigation District, dated September 10, 1956, or any amendment
thereof. Such regulations shall accommodate to the maximum extent
practicable waterfowl management needs.
(Pub. L. 88-567, 6, Sept. 2, 1964, 78 Stat. 851.)
The Migratory Bird Treaty Act (40 Stat. 755), as amended, referred to
in text, is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which
is classified generally to subchapter II of chapter 7 ( 703 et seq.) of
this title. For complete classification of this Act to the Code, see
section 710 of this title and Tables.
The Migratory Bird Conservation Act (45 Stat. 1222), as amended,
referred to in text, is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as
amended, which is classified generally to subchapter III ( 715 et seq.)
of chapter 7 of this title. For complete classification of this Act to
the Code, see section 715 of this title and Tables.
16 USC 695q. Research studies on Clear Lake Refuge; report to
Congress
TITLE 16 -- CONSERVATION
The Secretary is hereby directed to complete studies that have been
undertaken relating to the development of the water resources and
waterfowl management potential of the Clear Lake National Wildlife
Refuge. The results of such studies, when completed, and the
recommendations of the Secretary shall be submitted to the Congress.
(Pub. L. 88-567, 7, Sept. 2, 1964, 78 Stat. 851.)
16 USC 695r. Regulations by Secretary
TITLE 16 -- CONSERVATION
The Secretary may prescribe such regulations as may be necessary to
carry out the provisions of sections 695k to 695r of this title.
(Pub. L. 88-567, 8, Sept. 2, 1964, 78 Stat. 851.)
16 USC 696. National Key Deer Refuge; establishment; acquisition of
property: exchanges, cash equalization payments; administration
TITLE 16 -- CONSERVATION
In order to protect and preserve in the national interest the key
deer and other wildlife resources in the Florida Keys, the Secretary of
the Interior is authorized to acquire by purchase, lease, exchange, and
donations, including the use of donated funds, such lands or interests
therein in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe
County, Florida, as he shall find to be suitable for the conservation
and management of the said key deer and other wildlife: Provided, That
no lands within a one thousand-foot zone adjacent to either side of
United States Highway Numbered 1 in Monroe County shall be acquired for
the Key Deer National Wildlife Refuge by condemnation. The Secretary,
in the exercise of his exchange authority, may accept title to any
non-Federal property in townships 65 and 66 south, ranges 28, 29, and 30
east, Monroe County, Florida, and in exchange therefor convey to the
grantor of such property any federally owned property in the State of
Florida under his jurisdiction which he classifies as suitable for
exchange or other disposal. The values of the properties so exchanged
either shall be approximately equal, or if they are not approximately
equal the values shall be equalized by the payment of cash to the
grantor or to the Secretary as the circumstances require. The
properties so acquired shall constitute the National Key Deer Refuge,
and shall be administered by the Secretary of the Interior in accordance
with the laws and regulations relating to the national wildlife refuges,
including, but not limited to, sections 664, 666a, and 666b of this
title, relating to the conservation of wildlife, fish, and game.
(Pub. L. 85-164, 1, Aug. 22, 1957, 71 Stat. 412; Pub. L. 89-669,
10(a), Oct. 15, 1966, 80 Stat. 930.)
1966 -- Pub. L. 89-669 struck out one thousand acres limitation on
acquisition of property, substituted prohibition against condemnation of
lands within a one thousand-foot zone adjacent to either side of U.S.
Highway Numbered 1 for the Key Deer National Wildlife Refuge for former
prohibition against condemnation of lands on an island that is traversed
at any point by U.S. Highway Numbered 1, and required cash equalization
payment when making unequal exchanges of properties.
16 USC 696a. Acquisition of title to properties for National Key Deer
Refuge; rights-of-way and easements
TITLE 16 -- CONSERVATION
In furtherance of the aforesaid purposes, the Secretary may take such
action and make such expenditures as he shall find to be necessary in
order to secure satisfactory title in the United States to such
properties, including the payment of expenses incidental to the
location, examination, and survey of such lands and the acquisition of
title thereto; but no payment shall be made for any such lands until
the title thereto shall be satisfactory to the Attorney General:
Provided, That the acquisition of such lands or interests therein by the
United States shall in no case be defeated because of rights-of-ways,
easements, exceptions, and reservations which, in the opinion of the
Secretary of the Interior, will not interfere materially with the use of
such properties for the purposes of sections 696 to 696b of this title.
(Pub. L. 85-164, 2, Aug. 22, 1957, 71 Stat. 412.)
16 USC 696b. Authorization of appropriations; limitation
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time out
of any money in the Treasury not otherwise appropriated, such amounts as
may be necessary to effectuate the purposes of sections 696 to 696b of
this title. The Secretary shall not utilize more than $2,035,000 from
appropriated funds for the acquisition of land and interests in land for
the purposes of sections 696 to 696b of this title.
(Pub. L. 85-164, 3, Aug. 22, 1957, 71 Stat. 413; Pub. L. 89-669,
10(b), Oct. 15, 1966, 80 Stat. 930.)
1966 -- Pub. L. 89-669 increased from $35,000 to $2,035,000 the
limitation on funds for acquisition of land, provided for such
acquisition ''for the purposes of sections 696 to 696b of this title'',
and struck out sentence which provided that exchange by the Secretary of
lands and interests therein shall not be considered an expenditure from
appropriated funds for acquisition of land.
16 USC 697, 697a. Omitted
TITLE 16 -- CONSERVATION
Sections, Pub. L. 87-119, Aug. 3, 1961, 75 Stat. 243, which
established the Wyandotte National Wildlife Refuge to be administered by
the Secretary of the Interior in accordance with the laws and
regulations relating to national wildlife refuges, have been omitted
because of the limited scope of the subject matter. The Wyandotte
National Wildlife Refuge has been set out in the table of National
Wildlife Refuges under section 668dd of this title.
16 USC 698. Big Thicket National Preserve
TITLE 16 -- CONSERVATION
(a) Establishment
In order to assure the preservation, conservation, and protection of
the natural, scenic, and recreational values of a significant portion of
the Big Thicket area in the State of Texas and to provide for the
enhancement and public enjoyment thereof, the Big Thicket National
Preserve is hereby established.
(b) Location; boundaries; publication in Federal Register
The Big Thicket National Preserve (hereafter referred to as the
''preserve'') shall include the units generally depicted on the map
entitled ''Big Thicket National Preserve'', dated November 1973 and
numbered NBR-BT 91,027 which shall be on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior, Washington, District of Columbia, and shall be filed with
appropriate offices of Tyler, Hardin, Jasper, Polk, Liberty, Jefferson,
and Orange Counties in the State of Texas. The Secretary of the
Interior (hereafter referred to as the ''Secretary'') shall, as soon as
practicable, but no later than six months after October 11, 1974,
publish a detailed description of the boundaries of the preserve in the
Federal Register. In establishing such boundaries, the Secretary shall
locate stream corridor unit boundaries referenced from the stream bank
on each side thereof and he shall further make every reasonable effort
to exclude from the units hereafter described any improved year-round
residential properties which he determines, in his discretion, are not
necessary for the protection of the values of the area or for its proper
administration. The preserve shall consist of the following units:
Big Sandy Creek unit, Polk County, Texas, comprising approximately
fourteen thousand three hundred acres;
Menard Creek Corridor unit, Polk, Hardin, and Liberty Counties,
Texas, including a module at its confluence with the Trinity River,
comprising approximately three thousand three hundred and fifty-nine
acres;
Hickory Creek Savannah unit, Tyler County, Texas, comprising
approximately six hundred and sixty-eight acres;
Turkey Creek unit, Tyler and Hardin Counties, Texas, comprising
approximately seven thousand eight hundred acres;
Beech Creek unit, Tyler County, Texas, comprising approximately four
thousand eight hundred and fifty-six acres;
Upper Neches River corridor unit, Jasper, Tyler, and Hardin Counties,
Texas, including the Sally Withers Addition, comprising approximately
three thousand seven hundred and seventy-five acres;
Neches Bottom and Jack Gore Baygall unit, Hardin and Jasper Counties,
Texas, comprising approximately thirteen thousand three hundred acres;
Lower Neches River corridor unit, Hardin, Jasper, and Orange
Counties, Texas, except for a one-mile segment on the east side of the
river including the site of the papermill near Evandale, comprising
approximately two thousand six hundred acres;
Beaumont unit, Orange, Hardin, and Jefferson Counties, Texas,
comprising approximately six thousand two hundred and eighteen acres;
Loblolly unit, Liberty County, Texas, comprising approximately five
hundred and fifty acres;
Little Pine Island-Pine Island Bayou corridor unit, Hardin and
Jefferson Counties, Texas, comprising approximately two thousand one
hundred acres; and
Lance Rosier Unit, Hardin County, Texas, comprising approximately
twenty-five thousand and twenty-four acres.
(c) Methods of acquisition of land
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer from any other Federal agency,
or exchange, any lands, waters, or interests therein which are located
within the boundaries of the preserve: Provided, That any lands owned
or acquired by the State of Texas, or any of its political subdivisions,
may be acquired by donation only. The Secretary may also acquire, by
any of the above methods, approximately 15 acres of land outside of the
boundaries of the preserve in the vicinity of the intersection of United
States Highway 69 and State Farm-Market Road 420, in Hardin County,
Texas, for purposes of a visitor contact and administrative site. After
notifying the Committees on Interior and Insular Affairs of the United
States Congress, in writing, of his intention to do so and of the
reasons therefor, the Secretary may, if he finds that such lands would
make a significant contribution to the purposes for which the preserve
was created, accept title to any lands, or interests in lands, located
outside of the boundaries of the preserve which the State of Texas or
its political subdivisions may acquire and offer to donate to the United
States or which any private person, organization, or public or private
corporation may offer to donate to the United States and he may
administer such lands as a part of the preserve after publishing notice
to that effect in the Federal Register. Notwithstanding any other
provision of law, any federally owned lands within the preserve shall,
with the concurrence of the head of the administering agency, be
transferred to the administrative jurisdiction of the Secretary for the
purposes of sections 698 to 698e of this title, without transfer of
funds.
(Pub. L. 93-439, 1, Oct. 11, 1974, 88 Stat. 1254; Pub. L. 98-489,
1(a), Oct. 17, 1984, 98 Stat. 2267.)
1984 -- Subsec. (c). Pub. L. 98-489 authorized acquisition of
acreage for a visitor contact and administrative site outside the
boundaries of the preserve.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
16 USC 698a. Acquisition of property for Big Thicket Preserve
TITLE 16 -- CONSERVATION
(a) Mineral rights; easements; improved properties
The Secretary shall, immediately after the publication of the
boundaries of the preserve, commence negotiations for the acquisition of
the lands located therein: Provided, That he shall not acquire the
mineral estate in any property or existing easements for public
utilities, pipelines or railroads without the consent of the owner
unless, in his judgment, he first determines that such property or
estate is subject to, or threatened with, uses which are, or would be,
detrimental to the purposes and objectives of sections 698 to 698e of
this title: Provided further, That the Secretary, insofar as is
reasonably possible, may avoid the acquisition of improved properties,
as defined in sections 698 to 698e of this title, and shall make every
effort to minimize the acquisition of land where he finds it necessary
to acquire properties containing improvements.
(b) Plan to Congressional committees; time; contents
Within one year after October 11, 1974, the Secretary shall submit,
in writing, to the Committee on Interior and Insular Affairs and to the
Committees on Appropriations of the United States Congress a detailed
plan which shall indicate:
(i) the lands and areas which he deems essential to the protection
and public enjoyment of this preserve,
(ii) the lands which he has previously acquired by purchase,
donation, exchange or transfer for administration for the purpose of
this preserve, and
(iii) the annual acquisition program (including the level of funding)
which he recommends for the ensuing five fiscal years.
(c) Completion of land acquisition program; time
It is the express intent of the Congress that the Secretary should
substantially complete the land acquisition program contemplated by
sections 698 to 698e of this title within six years after October 11,
1974.
(Pub. L. 93-439, 2, Oct. 11, 1974, 88 Stat. 1256.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
16 USC 698b. Right of use and occupancy of improved property on Big
Thicket Preserve
TITLE 16 -- CONSERVATION
(a) Election of right of use and occupancy; payment of fair market
value; termination of right
The owner of an improved property on the date of its acquisition by
the Secretary may, as a condition of such acquisition, retain for
himself and his heirs and assigns a right of use and occupancy of the
improved property for noncommercial residential purposes for a definite
term of not more than twenty-five years or, in lieu thereof, for a term
ending at the death of the owner or the death of his spouse, whichever
is later. The owner shall elect the term to be reserved. Unless this
property is wholly or partially donated to the United States, the
Secretary shall pay the owner the fair market value of the property on
the date of acquisition less the fair market value, on that date, of the
right retained by the owner. A right retained pursuant to this section
shall be subject to termination by the Secretary upon his determination
that it is being exercised in a manner inconsistent with the purposes of
sections 698 to 698e of this title, and it shall terminate by operation
of law upon the Secretary's notifying the holder of the right of such
determination and tendering to him an amount equal to the fair market
value of that portion of the right which remains unexpired.
(b) ''Improved property'' defined
As used in sections 698 to 698e of this title, the term ''improved
property'' means a detached year-round one-family dwelling which serves
as the owner's permanent place of abode at the time of acquisition, and
construction of which was begun before July 1, 1973, which is used for
noncommercial residential purposes, together with not to exceed three
acres of land on which the dwelling is situated and together with such
additional lands or interests therein as the Secretary deems to be
reasonably necessary for access thereto, such lands being in the same
ownership as the dwelling, together with any structures accessory to the
dwelling which are situated on such land.
(c) Waiver of right to relocation assistance by election of right of
use and occupancy
Whenever an owner of property elects to retain a right of use and
occupancy as provided in this section, such owner shall be deemed to
have waived any benefits or rights accruing under sections 4623, 4624,
4625, and 4626 of title 42, and for the purposes of such sections such
owner shall not be considered a displaced person as defined in section
4601(6) of title 42.
(Pub. L. 93-439, 3, Oct. 11, 1974, 88 Stat. 1256; Pub. L. 94-578,
title III, 322, Oct. 21, 1976, 90 Stat. 2742.)
1976 -- Subsec. (b). Pub. L. 94-578 substituted ''detached
year-round one-family dwelling which serves as the owner's permanent
place of abode at the time of acquisition, and'' for ''detached,
one-family dwelling,''.
16 USC 698c. Administration of Big Thicket Preserve
TITLE 16 -- CONSERVATION
(a) Natural and ecological integrity
The area within the boundaries depicted on the map referred to in
section 698 of this title shall be known as the Big Thicket National
Preserve. Such lands shall be administered by the Secretary as a unit
of the National Park System in a manner which will assure their natural
and ecological integrity in perpetuity in accordance with the provisions
of sections 698 to 698e of this title and with the provisions of
sections 1 and 2 to 4 of this title, as amended and supplemented.
(b) Limitation on construction of roads, campgrounds, etc.; rules and
regulations for use of Federal lands and waters
In the interest of maintaining the ecological integrity of the
preserve, the Secretary shall limit the construction of roads, vehicular
campgrounds, employee housing, and other public use and administrative
facilities and he shall promulgate and publish such rules and
regulations in the Federal Register as he deems necessary and
appropriate to limit and control the use of, and activities on, Federal
lands and waters with respect to:
(1) motorized land and water vehicles;
(2) exploration for, and extraction of, oil, gas, and other minerals;
(3) new construction of any kind;
(4) grazing and agriculture; and
(5) such other uses as the Secretary determines must be limited or
controlled in order to carry out the purposes of sections 698 to 698e of
this title.
(c) Hunting, fishing, and trapping authorized in accordance with
applicable Federal and State laws; consultation with appropriate State
agency prior to implementation of regulations restricting activities
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the preserve in accordance with
the applicable laws of the United States and the State of Texas, except
that he may designate zones where and periods when, no hunting, fishing,
trapping, or entry may be permitted for reasons of public safety,
administration, floral and faunal protection and management, or public
use and enjoyment. Except in emergencies, any regulations prescribing
such restrictions relating to hunting, fishing, or trapping shall be put
into effect only after consultation with the appropriate State agency
having jurisdiction over hunting, fishing and trapping activities.
(Pub. L. 93-439, 4, Oct. 11, 1974, 88 Stat. 1257.)
16 USC 698d. Review of Big Thicket Preserve area by Secretary; report
to President
TITLE 16 -- CONSERVATION
Within five years from October 11, 1974, the Secretary shall review
the area within the preserve and shall report to the President, in
accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the preserve for preservation as wilderness, and any designation
of any such areas as a wilderness shall be accomplished in accordance
with section 1132(c) and (d) of this title.
(Pub. L. 93-439, 5, Oct. 11, 1974, 88 Stat. 1257.)
16 USC 698e. Authorization of appropriations for Big Thicket Preserve
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 698 to 698e of this title, but
not to exceed $63,812,000 for the acquisition of lands and interests in
lands and not to exceed $7,000,000 for development. Effective October
1, 1984, there is authorized to be appropriated such sums as may be
necessary for the acquisition of the visitor contact and administrative
site referred to in subsection (c) of section 698 of this title.
(Pub. L. 93-439, 6, Oct. 11, 1974, 88 Stat. 1257; Pub. L. 98-489,
1(b), Oct. 17, 1984, 98 Stat. 2267.)
1984 -- Pub. L. 98-489 authorized appropriations for acquisition of
a visitor contact and administrative site.
16 USC 698f. Big Cypress National Preserve; Big Cypress National
Preserve Addition
TITLE 16 -- CONSERVATION
(a) Establishment
In order to assure the preservation, conservation, and protection of
the natural, scenic, hydrologic, floral and faunal, and recreational
values of the Big Cypress Watershed in the State of Florida and to
provide for the enhancement and public enjoyment thereof, the Big
Cypress National Preserve is hereby established.
(b) Location; boundaries; publication in Federal Register; area
The Big Cypress National Preserve (hereafter referred to as the
''preserve'') shall comprise the area generally depicted on the map
entitled ''Big Cypress National Preserve'', dated November 1971 and
numbered BC-91,001, which shall be on file and available for public
inspection in the Offices of the National Park Service, Department of
the Interior, Washington, District of Columbia, and shall be filed with
appropriate offices of Collier, Monroe, and Dade Counties in the State
of Florida. The Secretary of the Interior (hereafter referred to as the
''Secretary'') shall, as soon as practicable, publish a detailed
description of the boundaries of the preserve in the Federal Register
which shall include not more than five hundred and seventy thousand
acres of land and water.
(c) Methods of acquisition of land; prerequisites to Federal
appropriations; improved property; oil and gas rights; appraisal of
property; transfer of Federal property to Secretary
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer from any other Federal agency,
or exchange, any lands, waters, or interests therein which are located
within the boundaries of the preserve or the Addition: Provided, That
any lands owned or acquired by the State of Florida, or any of its
subdivisions, in the preserve may be acquired by donation only and, any
land acquired by the State of Florida, or any of its subdivisions, in
the Addition shall be acquired in accordance with subsection (d) of this
section: Provided further, That no Federal funds shall be appropriated
until the Governor of Florida executes an agreement on behalf of the
State which (i) provides for the transfer to the United States of all
lands within the preserve previously owned or acquired by the State and
(ii) provides for the donation to the United States of all lands
acquired by the State within the preserve pursuant to the provision of
''the Big Cypress Conservation Act of 1973'' (Chapter 73-131 of the
Florida Statutes) or provides for the donation to the United States of
any remaining moneys appropriated pursuant to such Act for the purchase
of lands within the preserve. No improved property, as defined by
sections 698f to 698m-4 of this title, nor oil and gas rights, shall be
acquired without the consent of the owner unless the Secretary, in his
judgment, determines that such property is subject to, or threatened
with, uses which are, or would be, detrimental to the purposes of the
preserve. The Secretary may, if he determines that the acquisition of
any other subsurface estate is not needed for the purposes of the
preserve and the Addition, exclude such interest in acquiring any lands
within the preserve and the Addition. Notwithstanding the provisions of
section 4651 of title 42 the Secretary (i) may evaluate any offer to
sell land within the preserve or the Addition by any landowner and may,
in his discretion, accept any offer not in excess of $10,000 without an
appraisal and (ii) may direct an appraisal to be made of any unimproved
property within the preserve or the Addition without notice to the owner
or owners, thereof. Notwithstanding any other provision of law, any
federally owned lands within the preserve shall, with the concurrence of
the head of the administering agency, be transferred to the
administrative jurisdiction of the Secretary for the purposes of
sections 698f to 698m-4 of this title, without transfer of funds.
Nothing in sections 698f to 698m-4 of this title shall be construed to
interfere with the right of the State of Florida to acquire such
property rights as may be necessary for Interstate 75.
(d) Land within Addition; United States share of acquisition costs
(1) The aggregate cost to the United States of acquiring lands within
the Addition may not exceed 80 percent of the total cost of such lands.
(2) Except as provided in paragraph (3), if the State of Florida
transfers to the Secretary lands within the Addition, the Secretary
shall pay to or reimburse the State of Florida (out of funds
appropriated for such purpose) an amount equal to 80 percent of the
total costs to the State of Florida of acquiring such lands.
(3) The amount described in paragraph (1) shall be reduced by an
amount equal to 20 percent of the amount of the total cost incurred by
the Secretary in acquiring lands in the Addition other than from the
State of Florida.
(4) For purposes of this subsection, the term ''total cost'' means
that amount of the total acquisition costs (including the value of
exchanged or donated lands) less the amount of the costs incurred by the
Federal Highway Administration and the Florida Department of
Transportation, including severance damages paid to private property
owners as a result of the construction of Interstate 75.
(Pub. L. 93-440, 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100-301,
4(a)-(e), Apr. 29, 1988, 102 Stat. 444, 445.)
1988 -- Subsec. (c). Pub. L. 100-301, 4(b), inserted in provisions
before first proviso ''or the Addition'' after ''boundaries of the
preserve'' and in first proviso ''in the preserve'' after
''subdivisions,'' and ''and, any land acquired by the State of Florida,
or any of its subdivisions, in the Addition shall be acquired in
accordance with subsection (d) of this section'' before the colon.
Pub. L. 100-301, 4(e), inserted ''and the Addition'' after ''for the
purposes of the preserve'' and after ''any lands within the preserve''
in third sentence.
Pub. L. 100-301, 4(c), inserted ''or the Addition'' after ''land
within the preserve'' and after ''property within the preserve'' in
fourth sentence.
Pub. L. 100-301, 4(d), inserted at end ''Nothing in sections 698f to
698m-4 of this title shall be construed to interfere with the right of
the State of Florida to acquire such property rights as may be necessary
for Interstate 75.''
Subsec. (d). Pub. L. 100-301, 4(a), added subsec. (d).
Section 1(a) of Pub. L. 100-301 provided that: ''This Act (enacting
sections 698m-1 to 698m-4 of this title, amending this section and
sections 698h and 698j to 698m of this title, and enacting provisions
set out as a note under this section) may be cited as the 'Big Cypress
National Preserve Addition Act'.''
Section 2 of Pub. L. 100-301 provided that:
''(a) Findings. -- The Congress finds that --
''(1) the planned construction of Interstate 75 is presently being
designed in such a way as to improve the natural water flow to the
Everglades National Park, which has been disrupted by State Road 84
(commonly known as 'Alligator Alley');
''(2) the planned construction of Interstate 75 provides an
opportunity to enhance protection of the Everglades National Park, to
promote protection of the endangered Florida panther, and to provide for
public recreational use and enjoyment of public lands by expanding the
Big Cypress National Preserve to include those lands adjacent to
Interstate 75 in Collier County north and east of the Big Cypress
National Preserve, west of the Broward County line, and south of the
Hendry County line;
''(3) the Federal acquisition of lands bordering the Big Cypress
National Preserve in conjunction with the construction of Interstate 75
would provide significant public benefits by limiting development
pressure on lands which are important both in terms of fish and wildlife
habitat supporting endangered species and of wetlands which are the
headwaters of the Big Cypress National Preserve; and
''(4) public ownership of lands adjacent to the Big Cypress National
Preserve would enhance the protection of the Everglades National Park
while providing recreational opportunities and other public uses
currently offered by the Big Cypress National Preserve.
''(b) Purpose. -- It is the purpose of this Act (see Short Title of
1988 Amendment note above) to establish the Big Cypress National
Preserve Addition.''
16 USC 698g. Acquisition of lands for Big Cypress Preserve
TITLE 16 -- CONSERVATION
(a) Expeditious acquisition of Florida lands
In recognition of the efforts of the State of Florida in the
preservation of the area, through the enactment of chapter 73-131 of the
Florida statutes, ''The Big Cypress Conservation Act of 1973'', the
Secretary is directed to proceed as expeditiously as possible to acquire
the lands and interests in lands necessary to achieve the purposes of
sections 698f to 698m-4 of this title.
(b) Submission of plan to Congressional committees; time; contents
Within one year after October 11, 1974, the Secretary shall submit,
in writing, to the Committee on Interior and Insular Affairs and to the
Committees on Appropriations of the United States Congress a detailed
plan which shall indicate:
(i) the lands and areas which he deems essential to the protection
and public enjoyment of this preserve.
(ii) the lands which he has previously acquired by purchase,
donation, exchange or transfer for administration for the purpose of
this preserve, and
(iii) the annual acquisition program (including the level of funding)
which he recommends for the ensuing five fiscal years.
(c) Time for completion of land acquisition program
It is the express intent of the Congress that the Secretary should
substantially complete the land acquisition program contemplated by
sections 698f to 698m-4 of this title within six years after October 11,
1974.
(Pub. L. 93-440, 2, Oct. 11, 1974, 88 Stat. 1259.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
16 USC 698h. Right of use and occupancy of improved property on Big
Cypress Preserve and Addition
TITLE 16 -- CONSERVATION
(a) Election of right of use and occupancy; payment of fair market
value; termination of right
The owner of an improved property on the date of its acquisition by
the Secretary may, as a condition of such acquisition, retain for
himself and his heirs and assigns a right of use of and occupancy of the
improved property for a definite term of not more than twenty-five years
or, in lieu thereof, for a term ending at the death of the owner or the
death of his spouse, whichever is later. The owner shall elect the term
to be reserved. Unless this property is wholly or partially donated to
the United States, the Secretary shall pay the owner the fair market
value of the property on the date of acquisition less the fair market
value, on that date, of the right retained by the owner. A right
retained pursuant to this section shall be subject to termination by the
Secretary upon his determination that it is being exercised in a manner
inconsistent with the purposes of sections 698f to 698m-4 of this title,
which shall include the exercise of such right in violation of any
applicable State or local laws and ordinances, and it shall terminate by
operation of law upon the Secretary's notifying the holder of the right
of such determination and tendering to him an amount equal to the fair
market value of that portion of the right which remains unexpired.
(b) ''Improved property'' defined
As used in sections 698f to 698m-4 of this title, the term ''improved
property'' means:
(i) a detached one family dwelling, construction of which was begun
before November 23, 1971, with respect to the preserve and January 1,
1986, with respect to the Addition which is used for noncommercial
residential purposes, together with not to exceed three acres of land on
which the dwelling is situated and such additional lands as the
Secretary deems reasonably necessary for access thereto, such land being
in the same ownership as the dwelling, and together with any structures
accessory to the dwelling which are situated on such lands and
(ii) any other building, construction of which was begun before
November 23, 1971, with respect to the preserve and January 1, 1986,
with respect to the Addition which was constructed and is used in
accordance with all applicable State and local laws and ordinances,
together with as much of the land on which the building is situated,
such land being in the same ownership as the building, as the Secretary
shall designate to be reasonably necessary for the continued enjoyment
and use of the building in the same manner and to the same extent as
existed in November 23, 1971, or January 1, 1986, as the case may be,
together with any structures accessory to the building which are
situated on the lands so designated. In making such designation the
Secretary shall take into account the manner of use in which the
building, accessory structures, and lands were customarily enjoyed prior
to November 23, 1971 or January 1, 1986, as the case may be. /1/
(c) Waiver of right to relocation assistance by election of right of
use and occupancy
Whenever an owner of property elects to retain a right of use and
occupancy as provided in this section, such owner shall be deemed to
have waived any benefits or rights accruing under sections 4623, 4624,
4625, and 4626 of title 42, and for the purposes of such sections such
owner shall not be considered a displaced person as defined in section
4601(6) of title 42.
(Pub. L. 93-440, 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L. 100-301,
4(f), Apr. 29, 1988, 102 Stat. 445.)
1988 -- Subsec. (b)(i). Pub. L. 100-301, 4(f)(1), inserted ''with
respect to the preserve and January 1, 1986, with respect to the
Addition'' after ''November 23, 1971,''.
Subsec. (b)(ii). Pub. L. 100-301, 4(f)(2)(A), inserted ''with
respect to the preserve and January 1, 1986, with respect to the
Addition'' after ''November 23, 1971,''.
Pub. L. 100-301, 4(f)(2)(B), which directed insertion of ''or
January 1, 1986, as the case may be,'' after ''November 23, 1971,'' the
second and third places it appears, was executed by making the insertion
after ''November 23, 1971,'' the second place it appears and after
''November 23, 1971'' preceding the period as the probable intent of
Congress.
/1/ See 1988 Amendment note below.
16 USC 698i. Administration of Big Cypress Preserve; applicability of
other laws; rules and regulations for use of lands and waters;
transportation facilities; consultation and cooperation with Secretary
of Transportation
TITLE 16 -- CONSERVATION
(a) The area within the boundaries depicted on the map referred to in
section 698f of this title shall be known as the Big Cypress National
Preserve. Such lands shall be administered by the Secretary as a unit
of the National Park System in a manner which will assure their natural
and ecological integrity in perpetuity in accordance with the provisions
of sections 698f to 698m-4 of this title and with the provisions of
sections 1 and 2 to 4 of this title, as amended and supplemented.
(b) In administering the preserve, the Secretary shall develop and
publish in the Federal Register such rules and regulations as he deems
necessary and appropriate to limit or control the use of Federal lands
and waters with respect to:
(1) motorized vehicles,
(2) exploration for and extraction of oil, gas, and other minerals,
(3) grazing,
(4) draining or constructing of works or structures which alter the
natural water courses,
(5) agriculture,
(6) hunting, fishing, and trapping,
(7) new construction of any kind, and
(8) such other uses as the Secretary determines must be limited or
controlled in order to carry out the purposes of sections 698f to 698m-4
of this title: Provided, That the Secretary shall consult and cooperate
with the Secretary of Transportation to assure that necessary
transportation facilities shall be located within existing or reasonably
expanded rights-of-way and constructed within the reserve in a manner
consistent with the purposes of sections 698f to 698m-4 of this title.
(Pub. L. 93-440, 4, Oct. 11, 1974, 88 Stat. 1260.)
16 USC 698j. Hunting, fishing, and trapping in Big Cypress Preserve
and Addition authorized in accordance with applicable Federal and State
laws; consultation with appropriate State agency prior to
implementation of regulations restricting activities; land use and
retention rights of Miccosukee and Seminole Indian Tribes
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the preserve and the Addition
in accordance with the applicable laws of the United States and the
State of Florida, except that he may designate zones where and periods
when no hunting, fishing, trapping, or entry may be permitted for
reasons of public safety, administration, floral and faunal protection
and management, or public use and enjoyment. Except in emergencies, any
regulations prescribing such restrictions relating to hunting, fishing,
or trapping shall be put into effect only after consultation with the
appropriate State agency having jurisdiction over hunting, fishing, and
trapping activities. Notwithstanding this section or any other
provision of sections 698f to 698m-4 of this title, members of the
Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe
of Florida shall be permitted, subject to reasonable regulations
established by the Secretary, to continue their usual and customary use
and occupancy of Federal or federally acquired lands and waters within
the preserve and the Addition, including hunting, fishing, and trapping
on a subsistence basis and traditional tribal ceremonials.
(Pub. L. 93-440, 5, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100-301,
3(b), Apr. 29, 1988, 102 Stat. 444.)
1988 -- Pub. L. 100-301 inserted ''and the Addition'' in two places.
16 USC 698k. Contracts for providing visitor services in Big Cypress
Preserve and Addition; right of first refusal to Miccosukee and
Seminole Tribes
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, before entering into any
contract for the provision of revenue producing visitor services,
(i) the Secretary shall offer those members of the Miccosukee and
Seminole Indian Tribes who, on January 1, 1972 (January 1, 1985, in the
case of the Addition), were engaged in the provision of similar
services, a right of first refusal to continue providing such services
within the preserve and the Addition subject to such terms and
conditions as he may deem appropriate, and
(ii) before entering into any contract or agreement to provide new
revenue-producing visitor services within the preserve or within the
Addition, the Secretary shall offer to the Miccosukee Tribe of Indians
of Florida and the Seminole Tribe of Florida the right of first refusal
to provide such services, the right to be open for a period of ninety
days. Should both Tribes respond with proposals that satisfy the terms
and conditions established by the Secretary, the Secretary may allow the
Tribes an additional period of ninety days in which to enter into an
inter-Tribal cooperative agreement to provide such visitor services, but
if neither tribe responds with proposals that satisfy the terms and
conditions established by the Secretary, then the Secretary shall
provide such visitor services in accordance with subchapter IV of
chapter 1 of this title. No such agreement may be assigned or otherwise
transferred without the consent of the Secretary.
(Pub. L. 93-440, 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100-301,
3(d), Apr. 29, 1988, 102 Stat. 444.)
1988 -- Pub. L. 100-301 in cl. (i) inserted ''(January 1, 1985, in
the case of the Addition)'' after ''1972'' and ''and the Addition''
after ''preserve'', and in cl. (ii) inserted ''or within the Addition''
after ''preserve''.
16 USC 698l. Review of Big Cypress Preserve area and Addition area by
Secretary; report to President
TITLE 16 -- CONSERVATION
Within five years from October 11, 1974, with respect to the preserve
and five years from April 29, 1988, with respect to the Addition, the
Secretary shall review the area within the preserve or the area within
the Addition (as the case may be) and shall report to the President, in
accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the preserve or the area within the Addition (as the case may be)
for preservation as wilderness, and any designation of any such areas as
a wilderness shall be accomplished in accordance with section 1132(c)
and (d) of this title.
(Pub. L. 93-440, 7, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 100-301,
3(c), Apr. 29, 1988, 102 Stat. 444.)
1988 -- Pub. L. 100-301 inserted ''with respect to the preserve and
five years from April 29, 1988, with respect to the Addition'' after
''October 11, 1974,'' and ''or the area within the Addition (as the case
may be)'' after ''preserve'' in two places.
16 USC 698m. Authorization of appropriations for Big Cypress Preserve
and Addition
TITLE 16 -- CONSERVATION
(a) Except as provided in subsection (b) of this section, there are
authorized to be appropriated such sums as may be necessary to carry out
the provisions of sections 698f to 698m-4 of this title, but not to
exceed $156,700,000 for the acquisition of lands and interests in lands
and not to exceed $900,000 for development. Any funds donated to the
United States by the State of Florida pursuant to chapter 73-131 of the
Florida statutes shall be used solely for the acquisition of lands and
interests in land within the preserve.
(b) There is hereby authorized to be appropriated from the Land and
Water Conservation Fund not to exceed $49,500,000 for the acquisition of
lands within the Addition. There is hereby authorized to be
appropriated such sums as may be necessary for development in the
Addition.
(Pub. L. 93-440, 8, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 95-625,
title II, 201(1), Nov. 10, 1978, 92 Stat. 3473; Pub. L. 100-301, 7,
Apr. 29, 1988, 102 Stat. 446.)
1988 -- Subsec. (a). Pub. L. 100-301, 7(1), designated existing
provisions as subsec. (a), substituted ''Except as provided in
subsection (b) of this section, there'' for ''There'', and added subsec.
(b).
1978 -- Pub. L. 95-625 increased land acquisition appropriations
authorization to $156,700,000 from $116,000,000.
16 USC 698m-1. Big Cypress National Preserve Addition
TITLE 16 -- CONSERVATION
(a) Establishment
In order to --
(1) achieve the purposes of section 698f of this title;
(2) complete the preserve in conjunction with the planned
construction of Interstate Highway 75; and
(3) insure appropriately managed use and access to the Big Cypress
Watershed in the State of Florida,
the Big Cypress National Preserve Addition is established.
(b) Location; boundaries; publication in Federal Register
The Big Cypress National Preserve Addition (referred to in sections
698f to 698m-4 of this title as the ''Addition'') shall comprise
approximately 146,000 acres as generally depicted on the map entitled
Big Cypress National Preserve Addition, dated April, 1987, and numbered
176-91000C, which shall be on file and available for public inspection
in the Office of the National Park Service, Department of the Interior,
Washington, D.C., and shall be filed with appropriate offices of Collier
County in the State of Florida. The Secretary shall, as soon as
practicable, publish a detailed description of the boundaries of the
Addition in the Federal Register.
(c) Designation; management
The area within the boundaries depicted on the map referred to in
subsection (b) of this section shall be known as the ''Big Cypress
National Preserve Addition'' and shall be managed in accordance with
section 698i of this title.
(d) Completion of land acquisition; time
For purposes of administering the Addition and notwithstanding
section 698g(c) of this title, it is the express intent of the Congress
that the Secretary should substantially complete the land acquisition
program contemplated with respect to the Addition in not more than five
years after April 29, 1988.
(Pub. L. 93-440, 9, as added Pub. L. 100-301, 3(a), Apr. 29, 1988,
102 Stat. 444.)
16 USC 698m-2. Establishment of recreational access points, roads,
etc., in conjunction with creation of Big Cypress National Preserve
Addition; cooperation among agencies
TITLE 16 -- CONSERVATION
The Secretary and other involved Federal agencies shall cooperate
with the State of Florida to establish recreational access points and
roads, rest and recreation areas, wildlife protection, hunting, fishing,
frogging, and other traditional recreational opportunities in
conjunction with the creation of the Addition and in the construction of
Interstate Highway 75. Three of such access points shall be located
within the preserve (including the Addition).
(Pub. L. 93-440, 10, as added Pub. L. 100-301, 5, Apr. 29, 1988,
102 Stat. 445.)
16 USC 698m-3. Status of Big Cypress National Preserve and Addition;
report to Congress; plan
TITLE 16 -- CONSERVATION
Not later than two years after April 29, 1988, the Secretary shall
submit to the Congress a detailed report on, and further plan for, the
preserve and Addition including --
(1) the status of the existing preserve, the effectiveness of past
regulation and management of the preserve, and recommendations for
future management of the preserve and the Addition;
(2) a summary of the public's use of the preserve and the status of
the access points developed pursuant to section 698m-2 of this title;
(3) the need for involvement of other State and Federal agencies in
the management and expansion of the preserve and Addition;
(4) the status of land acquisition; and
(5) a determination, made in conjunction with the State of Florida,
of the adequacy of the number, location, and design of the recreational
access points on I-75/Alligator Alley for access to the Big Cypress
National Preserve, including the Addition.
The determination required by paragraph (5) shall incorporate the
results of any related studies of the State of Florida Department of
Transportation and other Florida State agencies. Any recommendation for
significant changes in the approved recreational access points,
including any proposed additions, shall be accompanied by an assessment
of the environmental impact of such changes.
(Pub. L. 93-440, 11, as added Pub. L. 100-301, 6, Apr. 29, 1988,
102 Stat. 446.)
16 USC 698m-4. Oil and gas exploration, development, and production in
Big Cypress National Preserve and Addition
TITLE 16 -- CONSERVATION
(a) Promulgation of rules and regulations
Within nine months from April 29, 1988, the Secretary shall
promulgate, subject to the requirements of subsections (b)-(e) of this
section, such rules and regulations governing the exploration for and
development and production of non-Federal interests in oil and gas
located within the boundaries of the Big Cypress National Preserve and
the Addition, including but not limited to access on, across, or through
all lands within the boundaries of the Big Cypress National Preserve and
the Addition for the purpose of conducting such exploration or
development and production, as are necessary and appropriate to provide
reasonable use and enjoyment of privately owned oil and gas interests,
and consistent with the purposes for which the Big Cypress National
Preserve and the Addition were established. Rules and regulations
promulgated pursuant to the authority of this section may be made by
appropriate amendment to or in substitution of the rules and regulations
respecting non-Federal oil and gas rights (currently codified at 36 CFR
9.30, et seq. (1986)).
(b) Contents of rule or regulation; permit from National Park
Service
Any rule or regulation promulgated by the Secretary under subsection
(a) of this section shall provide that --
(1) exploration or development and production activities may not be
undertaken, except pursuant to a permit issued by the National Park
Service authorizing such activities or access; and
(2) final action by the National Park Service with respect to any
application for a permit authorizing such activities shall occur within
90 days from the date such an application is submitted unless --
(A) the National Park Service and the applicant agree that such final
action shall occur within a shorter or longer period of time; or
(B) the National Park Service determines that an additional period of
time is required to ensure that the National Park Service has, in
reviewing the application, complied with other applicable law, Executive
orders and regulations; or
(C) the National Park Service, within 30 days from the date of
submission of such application, notifies the applicant that such
application does not contain all information reasonably necessary to
allow the National Park Service to consider such application and
requests that such additional information be provided. After receipt of
such notification to the applicant, the applicant shall supply any
reasonably necessary additional information and shall advise the
National Park Service that the applicant believes that the application
contains all reasonably necessary information and is therefore complete,
whereupon the National Park Service may --
(i) within 30 days of receipt of such notice from the applicant to
the National Park Service determine that the application does not
contain all reasonably necessary additional information and, on that
basis, deny the application; or
(ii) review the application and take final action within 60 days from
the date that the applicant provides notification to the National Park
Service that its application is complete.
(c) Activities to conform to requirements of National Park Service
Such activities shall be permitted to occur if such activities
conform to requirements established by the National Park Service under
authority of law.
(d) Consideration of practices used in similar habitats or ecosystems
In establishing standards governing the conduct of exploration or
development and production activities within the boundaries of the Big
Cypress National Preserve or the Addition, the Secretary shall take into
consideration oil and gas exploration and development and production
practices used in similar habitats or ecosystems within the Big Cypress
National Preserve or the Addition at the time of promulgation of the
rules and regulations under subsection (a) of this section or at the
time of the submission of the application seeking authorization for such
activities, as appropriate.
(e) Interim agreements with owners of non-Federal oil and gas
interests prior to promulgation of rules and regulations
Prior to the promulgation of rules or regulations under this section,
the Secretary is authorized, consistent with the purposes of which the
Big Cypress National Preserve Addition was established, to enter into
interim agreements with owners of non-Federal oil and gas interests
governing the conduct of oil and gas exploration, development or
production activities within the boundaries of the Addition, which
agreements shall be superseded by the rules and regulations promulgated
by the Secretary when applicable: Provided, That such agreement shall
be consistent with the requirements of subsections (b)-(d) of this
section and may be altered by the terms of rules and regulations
subsequently promulgated by the Secretary: Provided further, That this
provision shall not be construed to enlarge or diminish the authority of
the Secretary to establish rules and regulations applicable to the
conduct of exploration or development and production activities within
the Big Cypress National Preserve or the Addition.
(f) Minerals Management Office; establishment; duties
There is hereby authorized to be established a Minerals Management
Office within the Office of the Superintendent of the Big Cypress
National Preserve, for the purpose of ensuring, consistent with the
purposes for which the Big Cypress National Preserve was established,
timely consideration of and final action on applications for the
exploration or development and production of non-Federal oil and gas
rights located beneath the surface of lands within the boundaries of the
Big Cypress National Preserve and the Addition.
(g) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the activities set forth in this section.
(Pub. L. 93-440, 12, as added Pub. L. 100-301, 8, Apr. 29, 1988,
102 Stat. 446.)
16 USC 698n. Timucuan Ecological and Historic Preserve
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established in the St. Johns River Valley, Florida,
where the Timucuan Indians lived in prehistoric and historic times, the
Timucuan Ecological and Historic Preserve (hereafter in sections 698n to
698p of this title referred to as the ''Preserve''). The Preserve shall
comprise the lands, waters, and interests therein within the boundaries
generally depicted on a map of Duval County, Florida, entitled
''Timucuan Ecological and Historic Preserve'' numbered NA-TEHP 80,003-A
and dated July 1987. The map shall be on file and available for public
inspection in the Office of the National Park Service, Department of the
Interior. The Secretary of the Interior may make minor revisions in the
boundary of the Preserve in accordance with section 460l-9(c) of this
title. The Preserve shall also include within its boundaries all that
land consisting of approximately 500 acres adjacent to Fort Caroline
National Memorial and known as the Theodore Roosevelt Preserve, being
land formerly owned by one Willie Brown and donated by him to The Nature
Conservancy.
(b) Land acquisition
The Secretary of the Interior (hereinafter in sections 698n to 698p
of this title referred to as the ''Secretary'') is authorized to acquire
lands and interests therein within the Preserve by donation, purchase
with donated or appropriated funds, or exchange, but no lands other than
wetlands or interests therein may be acquired without the consent of the
owner. For purposes of this subsection, the term ''wetlands'' has the
same meaning as provided by section 3902 of this title. Lands,
interests in lands, and improvements thereon within the boundaries of
the Preserve which are owned by the State of Florida or any political
subdivision thereof may be acquired only by donation or exchange. On
lands acquired for inclusion within the Preserve, the Secretary shall
not impair any legal riparian right of access nor shall he preclude the
continued use of any legal right of way.
(c) Administration
The Secretary shall administer those lands acquired for inclusion
within the Preserve in such a manner as to protect the natural ecology
of such land and water areas in accordance with sections 698n to 698p of
this title and the provisions of law generally applicable to units of
the National Park System, including sections 1 and 2 to 4 of this title.
The Secretary shall permit boating, boating-related activities,
hunting, and fishing within the Preserve in accordance with applicable
Federal and State laws. The Secretary may designate zones where, and
establish periods when, no hunting or fishing shall be permitted for
reasons of public safety.
(d) Development of multiunit residential/resort project
Nothing in sections 698n to 698p of this title shall affect
development of a multiunit residential/resort project currently proposed
for Fort George Island, nor shall any provision of sections 698n to 698p
of this title be construed to affect any Federal, State or local law
applicable to such project.
(Pub. L. 100-249, title II, 201, Feb. 16, 1988, 102 Stat. 13.)
16 USC 698o. Protection of significant historic assets
TITLE 16 -- CONSERVATION
The Secretary, with the consent of the owners thereof, may acquire by
donation or purchase with donated funds the following properties or
sites of significant historic interest in Duval County, Florida:
(1) Spanish sixteenth century forts San Gabriel and San Estaban.
(2) Spanish eighteenth century fort Dos Hermanas.
(3) English eighteenth century forts at Saint Johns Bluff and Fort
George Island.
(4) Spanish sixteenth and seventeenth century mission San Juan del
Puerto.
(5) Site of the American Revolutionary War battle of Thomas Creek.
(6) The Zephaniah Kingsley plantation, with its eighteenth and
nineteenth century buildings.
(7) The Spanish American War fortification on Saint Johns Bluff.
(8) The confederate fort known as the Yellow Bluff Fort State
Historic Site.
(Pub. L. 100-249, title II, 202, Feb. 16, 1988, 102 Stat. 14.)
16 USC 698p. Integrated administration and interpretation
TITLE 16 -- CONSERVATION
Any properties of historic interest acquired under section 698o of
this title shall become part of the Preserve established under section
698n of this title. The Secretary shall administer such properties in
accordance with a plan that integrates the administration and
interpretation of the ecological values of the Preserve and the
historical values of the sites so acquired and the historical features
of Fort Caroline. Such administration and interpretation shall be
conducted through the facilities and staff of Fort Caroline National
Memorial consistent with section 2 of the Act of September 21, 1950 (64
Stat. 897).
(Pub. L. 100-249, title II, 203, Feb. 16, 1988, 102 Stat. 15.)
Section 2 of the Act of September 21, 1950, referred to in text, is
section 2 of act Sept. 21, 1950, ch. 973, 64 Stat. 897, which is not
classified to the Code.
16 USC 698q. Little River Canyon National Preserve; establishment
TITLE 16 -- CONSERVATION
(a) In general
In order to protect and preserve the natural, scenic, recreational,
and cultural resources of the Little River Canyon area in DeKalb and
Cherokee Counties, Alabama, and to provide for the protection and public
enjoyment of the resources, there is established the Little River Canyon
National Preserve (referred to in sections 698q to 698t of this title as
the ''Preserve'').
(b) Area included
The Preserve shall consist of the lands, waters, and interests in
lands and waters generally depicted on the boundary map entitled
''Little River Canyon National Preserve'', numbered NA-LRNP-80,001C, and
dated March 1992.
(c) Map
The map referred to in subsection (b) of this section shall --
(1) be on file and available for public inspection in the offices of
the National Park Service of the Department of the Interior in
Washington, District of Columbia; and
(2) be filed with the appropriate offices of DeKalb and Cherokee
Counties in the State of Alabama.
(d) Publication of description
Not later than 6 months after October 21, 1992, the Secretary of the
Interior (referred to in sections 698q to 698t of this title as the
''Secretary'') shall publish in the Federal Register a detailed
description of the boundaries of the Preserve.
(Pub. L. 102-427, 2, Oct. 21, 1992, 106 Stat. 2179.)
Section 1 of Pub. L. 102-427 provided that: ''This Act (enacting
this section and sections 698r to 698t of this title) may be cited as
the 'Little River Canyon National Preserve Act of 1992'.''
16 USC 698r. Administration
TITLE 16 -- CONSERVATION
(a) In general
The Preserve shall be administered by the Secretary in accordance
with sections 698q to 698t of this title and in accordance with the laws
generally applicable to units of the National Park System, including --
(1) sections 1 and 2 to 4 of this title; and
(2) sections 461 to 467 of this title.
(b) Hunting and fishing
(1) In general
Subject to paragraphs (2) and (3), the Secretary shall permit
hunting, trapping, and fishing on lands and waters under the
jurisdiction of the Secretary within the Preserve in accordance with
applicable Federal and State laws.
(2) Time and place restrictions
Subject to such terms and conditions as the Secretary considers
necessary in furtherance of sections 698q to 698t of this title, and
after consultation with the Department of Conservation and Natural
Resources of the State of Alabama and owners of lands adjacent to the
Preserve, the Secretary may designate zones where, and establish periods
when, the activities described in paragraph (1) will not be permitted
within the Preserve for reasons of public safety, administration, fish
and wildlife habitat, or public use and enjoyment.
(3) Restrictions in boundary areas
After consultation with the Department of Conservation and Natural
Resources of the State of Alabama and with the owners of lands adjacent
to the Preserve, the Secretary may restrict hunting in areas within the
Preserve that are adjacent to the boundaries of the Preserve where the
restriction is necessary or appropriate to protect public safety.
(4) Congressional intent
Nothing in sections 698q to 698t of this title is intended to affect
the jurisdiction or responsibilities of the State of Alabama with
respect to fish and wildlife.
(c) Water resources projects
Subsection (a) of section 1278 of this title shall apply to that
portion of the Little River that flows through the Preserve in the same
manner and to the same extent as such subsection applies to the rivers
referred to in such subsection. The application of such subsection to
the Preserve shall not affect any determination of the value of the
lands, waters, or interests in lands and waters within the boundaries of
the Preserve.
(d) Cooperative agreements with State
(1) Law enforcement and fire prevention
In administering the Preserve, the Secretary may enter into
cooperative agreements with the State of Alabama, or any political
subdivision of the State, for the rendering of --
(A) rescue, fire fighting, and law enforcement services; and
(B) cooperative assistance by law enforcement and fire preventive
agencies located in the vicinity of the Preserve.
(2) Preparation of management plan
To facilitate the purposes of this section, the Secretary may enter
into cooperative agreements with the State of Alabama and directly
affected political subdivisions of the State to provide professional
assistance in the preparation of the management plan for the Preserve.
(e) DeSoto State Park
If lands within DeSoto State Park are acquired by the Secretary, at
the request of the Department of Conservation and Natural Resources of
the State of Alabama, the Secretary shall enter into a cooperative
agreement with the Department for the continued management by the
Department of the lodge and other facilities that, as of October 21,
1992, are part of DeSoto State Park. The cooperative agreement shall
provide for the management and operation of the lodge and facilities in
a manner that, to the maximum extent practicable, is consistent with
similar operations elsewhere in the National Park System.
(f) Public involvement
(1) Public awareness and participation program
The Secretary shall develop and conduct a program to promote and
encourage awareness of and participation in the development of the
general management plan for the Preserve by persons owning property in
the vicinity of the Preserve, other interested groups and individuals,
State, county, and municipal agencies, and the general public. Prior to
final approval of the plan, the Secretary shall hold public meetings in
DeKalb and Cherokee Counties.
(2) Consideration of public comment
In preparing and implementing the plan described in paragraph (1),
the Secretary shall give full consideration to the views and comments of
the individuals, groups, and agencies described in paragraph (1).
(g) Green Pitcher Plant
Upon the transfer by Alabama Power Company to the United States of
any lands within the boundaries of the Preserve that contain the Green
Pitcher Plant (Sarracenia oreophila), all rights and obligations of
Alabama Power Company under the agreement entered into between the
company and the Department of the Interior (including the United States
Fish and Wildlife Service) on May 12, 1983, in settlement of the action
brought on September 24, 1980, against the Secretary and the Director of
the Fish and Wildlife Service in the United States District Court for
the Northern District of Alabama (Civil Action No. CV 80-C-1242-M),
shall be extinguished.
(Pub. L. 102-427, 3, Oct. 21, 1992, 106 Stat. 2179.)
16 USC 698s. Acquisition
TITLE 16 -- CONSERVATION
(a) Authorization
(1) In general
Subject to paragraphs (2) and (3), the Secretary is authorized to
acquire lands, waters, and interests in lands and waters within the
boundaries of the Preserve by donation, purchase with donated or
appropriated funds, or exchange.
(2) Consent of the owner
The Secretary may not acquire lands, waters, or interests in lands
and waters for the Preserve without the consent of the owner.
(3) State lands
Lands, waters, and interests in lands and waters within the
boundaries of the Preserve that are owned by the State of Alabama, or
any political subdivision of the State, may be acquired only by donation
or exchange.
(b) Negotiations for acquisition
(1) Commencement of negotiations
Immediately after publication of a description of the boundaries of
the Preserve in accordance with section 698q(d) of this title, the
Secretary shall commence negotiations for the acquisition of the lands,
waters, and interests in lands and waters within the boundaries of the
Preserve.
(2) Report to Congress
Not later than 1 year after October 21, 1992, the Secretary shall
submit, in writing, a detailed schedule of actions and a progress report
regarding the acquisition to --
(A) the Committee on Energy and Natural Resources of the Senate;
(B) the Committee on Interior and Insular Affairs of the House of
Representatives; and
(C) the Committees on Appropriations of Congress.
(3) Acquisition deadline
The Secretary shall substantially complete the acquisition of the
lands, waters, and interests in lands and waters within the Preserve, in
accordance with the purposes of sections 698q to 698t of this title, not
later than 2 years after October 21, 1992, subject to the availability
of funds.
(c) Environmental audits
(1) Availability to owner
Promptly following completion of any environmental audit performed by
or on behalf of the Secretary with respect to any property proposed to
be acquired for the purposes of sections 698q to 698t of this title, the
Secretary shall make available to the owner of the property a copy of
the audit.
(2) Inclusion in documents transferring title
Any audit described in paragraph (1), and any environmental audit
performed by the owner of the property and submitted to the Secretary
prior to the date of the acquisition, shall be included as part of the
documents transferring title to the property to the United States.
(d) Future additions
No lands or interest in lands may be added to the Preserve after
October 21, 1992, without specific authorization by Congress and the
consent of the owner of the lands or interest.
(Pub. L. 102-427, 4, Oct. 21, 1992, 106 Stat. 2181.)
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
16 USC 698t. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as are necessary to
carry out sections 698q to 698t of this title.
(Pub. L. 102-427, 5, Oct. 21, 1992, 106 Stat. 2182.)
16 USC CHAPTER 7 -- PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
TITLE 16 -- CONSERVATION
Sec.
701. Game and wild birds; preservation.
702. Importation of eggs of game birds for propagation.
703. Taking, killing, or possessing migratory birds unlawful.
704. Determination as to when and how migratory birds may be taken,
killed, or possessed.
705. Transportation or importation of migratory birds; when
unlawful.
706. Arrests; search warrants.
707. Violations and penalties; forfeitures.
708. State or Territorial laws or regulations.
709. Omitted.
709a. Authorization of appropriations.
710. Partial invalidity; short title.
711. Breeding and sale for food supply.
712. Treaty and convention implementing regulations; seasonal
taking of migratory birds for essential needs of indigenous Alaskans to
preserve and maintain stocks of the birds; protection and conservation
of the birds.
715. Short title.
715a. Migratory Bird Conservation Commission; creation;
composition; duties; approval of areas of land and water recommended
for purchase or rental.
715b. Annual report.
715c. Areas recommended for approval; character.
715d. Purchase or rental of approved areas or interests therein;
gifts and devises; United States lands.
715-1 to 715d-3. Repealed or Omitted.
715e. Examination of title; easements and reservations.
715e-1. Omitted.
715f. Consent of State to conveyance.
715g. Jurisdiction of State over areas acquired.
715h. Operation of State game laws.
715i. Administration.
(a) Treaty obligations; rules and regulations.
(b) Management and public and private agency agreements
authorization.
715j. ''Migratory birds'' defined.
715k. Authorization of appropriations for purposes of subchapter;
disposal; reservation protectors.
715k-1. Expenditures for personal services.
715k-2. Omitted.
715k-3. Authorization of appropriations for the preservation of
wetlands and other waterfowl habitat.
715k-4. Accounting and use of appropriations.
715k-5. Acquisition of lands.
715l, 715m. Repealed.
715n. ''Take'' defined.
715o. National forest and power sites; use for migratory bird
reservations.
715p. Cooperation of State in enforcement of provisions.
715q. Expenses of commission; authorization of appropriations.
715r. Partial invalidity; validity of remainder.
715s. Participation of local governments in revenue from areas
administered by the United States Fish and Wildlife Service.
(a) Separate fund in the United States Treasury; availability of
funds until expended; ''National Wildlife Refuge System'' defined.
(b) Deduction of expenses.
(c) Payments to counties.
(d) Authorization of appropriations equal to difference between
amount of net receipts and aggregate amount of required payments.
(e) Transfer and use of excess of net receipts over aggregate amount
of required payments.
(f) Terms, conditions, and regulations for execution of revenue
producing activities; disposal of animals.
(g) Definitions.
718. Definitions.
718a. Hunting and conservation stamp for taking migratory waterfowl.
718b. Issuance and sale of stamps; deposit of funds in migratory
bird conservation fund; fees; validity; expiration; redemption;
''retail dealers'' and ''hunting year'' defined.
(a) Sales; fund disposition; unsold stamps.
(b) Cost of stamp.
718b-1. Disposition of unsold stamps; collectors' supply;
destruction of surplus.
718c. Compliance with treaty or convention regulations and State
game laws.
718d. Disposition of receipts from sale of stamps.
(a) Advance allotments to Postal Service.
(b) Acquisition of bird refuges.
(c) Waterfowl Production Areas.
718e. Offenses.
(a) Loan or transfer of stamp.
(b) Alteration and counterfeiting of stamp.
(c) Reproduction of migratory bird hunting stamps; regulation by
Secretary of the Interior; disposition of proceeds.
718f. Enforcement; authority of United States judges, magistrate
judges, and employees of Department of the Interior.
718g. Penalties.
718h. Cooperation with States and Territories.
718i. Repealed.
718j. Crediting of funds received as fees for entering
migratory-bird hunting and conservation stamp contest.
16 USC SUBCHAPTER I -- GENERALLY
TITLE 16 -- CONSERVATION
16 USC 701. Game and wild birds; preservation
TITLE 16 -- CONSERVATION
The duties and powers of the Department of the Interior include the
preservation, distribution, introduction, and restoration of game birds
and other wild birds. The Secretary of the Interior is authorized to
adopt such measures as may be necessary to carry out the purposes of
this Act, and to purchase such game birds and other wild birds as may be
required therefor, subject, however, to the laws of the various States
and Territories. The object and purpose of this Act is to aid in the
restoration of such birds in those parts of the United States adapted
thereto where the same have become scarce or extinct, and also to
regulate the introduction of American or foreign birds or animals in
localities where they have not heretofore existed.
The Secretary of the Interior shall from time to time collect and
publish useful information as to the propagation, uses, and preservation
of such birds.
And the Secretary of the Interior shall make and publish all needful
rules and regulations for carrying out the purposes of this Act, and
shall expend for said purposes such sums as Congress may appropriate
therefor.
(May 25, 1900, ch. 553, 1, 31 Stat. 187; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
This Act, referred to in text, is act May 25, 1900, section 1 of
which is classified to this section. Sections 2 to 4 of the Act were
repealed and restated by sections 241 to 244 of the Criminal Code of
1909 (approved Mar. 4, 1909, ch. 321) which were classified to sections
391 to 394 of former Title 18. Such sections were subsequently repealed
and reenacted as sections 42 to 44 of Title 18, Crimes and Criminal
Procedure. Section 5 of the Act which was classified to section 667e of
this title was repealed by Pub. L. 97-79, 9(b)(2), Nov. 16, 1981, 95
Stat. 1079.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 702. Importation of eggs of game birds for propagation
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall have the power to authorize the
importation of eggs of game birds for purposes of propagation, and he
shall prescribe all necessary rules and regulations governing the
importation of eggs of said birds for such purposes.
(June 3, 1902, ch. 983, 32 Stat. 285; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 701 of this title.
16 USC SUBCHAPTER II -- MIGRATORY BIRD TREATY
TITLE 16 -- CONSERVATION
16 USC 703. Taking, killing, or possessing migratory birds unlawful
TITLE 16 -- CONSERVATION
Unless and except as permitted by regulations made as hereinafter
provided in this subchapter, it shall be unlawful at any time, by any
means or in any manner, to pursue, hunt, take, capture, kill, attempt to
take, capture, or kill, possess, offer for sale, sell, offer to barter,
barter, offer to purchase, purchase, deliver for shipment, ship, export,
import, cause to be shipped, exported, or imported, deliver for
transportation, transport or cause to be transported, carry or cause to
be carried, or receive for shipment, transportation, carriage, or
export, any migratory bird, any part, nest, or eggs of any such bird, or
any product, whether or not manufactured, which consists, or is composed
in whole or part, of any such bird or any part, nest, or egg thereof,
included in the terms of the conventions between the United States and
Great Britain for the protection of migratory birds concluded August 16,
1916 (39 Stat. 1702), the United States and the United Mexican States
for the protection of migratory birds and game mammals concluded
February 7, 1936, the United States and the Government of Japan for the
protection of migratory birds and birds in danger of extinction, and
their environment concluded March 4, 1972 /1/ and the convention between
the United States and the Union of Soviet Socialist Republics for the
conservation of migratory birds and their environments concluded
November 19, 1976.
(July 3, 1918, ch. 128, 2, 40 Stat. 755; June 20, 1936, ch. 634,
3, 49 Stat. 1556; June 1, 1974, Pub. L. 93-300, 1, 88 Stat. 190; Dec.
13, 1989, Pub. L. 101-233, 15, 103 Stat. 1977.)
1989 -- Pub. L. 101-233 struck out ''and'' after ''1936,'' and
inserted before period at end ''and the convention between the United
States and the Union of Soviet Socialist Republics for the conservation
of migratory birds and their environments concluded November 19, 1976''.
1974 -- Pub. L. 93-300 substituted ''any part, nest, or eggs of any
such bird, or any product, whether or not manufactured, which consists,
or is composed in whole or part, of any such bird or any part, nest, or
egg thereof'' for ''any part, nest, or egg of any such birds'', and
included the convention between the United States and the Government of
Japan concluded March 4, 1972.
1936 -- Act June 20, 1936, made changes in phraseology.
Section 3 of Pub. L. 93-300 provided that: ''The amendments made by
this Act (amending this section) shall take effect on the date on which
the President proclaims the exchange of ratifications of the convention
between the United States and the Government of Japan for the protection
of migratory birds and birds in danger of extinction, and their
environment, concluded March 4, 1972, or on the date of the enactment of
this Act (June 1, 1974), whichever date is later.''
Section 1 of act June 20, 1936, in conjunction with sections 2 to 5
of that act, provided that the amendment of this section and sections
704, 705, 707, 708 and the enactment of section 709a of this title by
that act, are effective as of the day on which the President shall
proclaim the exchange of ratifications of the convention between the
United States and the United Mexican States for the protection of
migratory birds and game mammals concluded February 7, 1936, or on June
20, 1936, whichever date is later. Such proclamation was made on June
30, 1937.
See section 710 of this title.
Authorization of appropriation, see section 709a of this title.
/1/ So in original. Probably should be followed by a comma.
16 USC 704. Determination as to when and how migratory birds may be
taken, killed, or possessed
TITLE 16 -- CONSERVATION
Subject to the provisions and in order to carry out the purposes of
the conventions, referred to in section 703 of this title, the Secretary
of the Interior is authorized and directed, from time to time, having
due regard to the zones of temperature and to the distribution,
abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, to determine when, to what extent, if at
all, and by what means, it is compatible with the terms of the
conventions to allow hunting, taking, capture, killing, possession,
sale, purchase, shipment, transportation, carriage, or export of any
such bird, or any part, nest, or egg thereof, and to adopt suitable
regulations permitting and governing the same, in accordance with such
determinations, which regulations shall become effective when approved
by the President.
(July 3, 1918, ch. 128, 3, 40 Stat. 755; June 20, 1936, ch. 634,
2, 49 Stat. 1556; 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433.)
1936 -- Act June 20, 1936, substituted ''conventions'' for
''convention'' wherever appearing.
Section effective June 30, 1937, see section 1 of act of June 20,
1936, set out as a note under section 703 of this title.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan, No. II of 1939, see Transfer of Functions
note set out under section 701 of this title.
For delegation to Secretary of the Interior of authority vested in
President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, set out
as a note under section 715j of Title 15, Commerce and Trade.
Secretary of the Interior empowered to promulgate regulations under
this section without approval, ratification, or other action of
President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951, 16
F.R. 5385, set out as a note under section 301 of Title 3, The
President.
16 USC 705. Transportation or importation of migratory birds; when
unlawful
TITLE 16 -- CONSERVATION
It shall be unlawful to ship, transport, or carry, by any means
whatever, from one State, Territory, or district to or through another
State, Territory, or district, or to or through a foreign country, any
bird, or any part, nest, or egg thereof, captured, killed, taken,
shipped, transported, or carried at any time contrary to the laws of the
State, Territory, or district in which it was captured, killed, or
taken, or from which it was shipped, transported, or carried. It shall
be unlawful to import any bird, or any part, nest, or egg thereof,
captured, killed, taken, shipped, transported, or carried contrary to
the laws of any Province of the Dominion of Canada in which the same was
captured, killed, or taken, or from which it was shipped, transported,
or carried.
(July 3, 1918, ch. 128, 4, 40 Stat. 755; June 20, 1936, ch. 634,
4, 49 Stat. 1556; 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433; Dec. 5, 1969, Pub. L. 91-135, 10, 83 Stat.
282.)
1969 -- Pub. L. 91-135 repealed second par., which prohibited
shipment of wild game mammals or parts thereof by any person of the
United States to and from Mexico, except by permit from the Secretary of
the Interior.
1936 -- Act June 20, 1936, inserted last sentence.
Section 11 of Pub. L. 91-135 provided that: ''The provisions of
sections 1 through 10 of this Act (enacting sections 668cc-1 to 668cc-6
of this title and amending this section, sections 851, 852, 852a, and
852d of this title, and sections 43, 44, 3054, and 3112 of Title 18,
Crimes and Criminal Procedure) shall be effective one hundred and eighty
days after the date of enactment of this Act (Dec. 5, 1969).''
Section effective June 30, 1937, see section 1 of act June 20, 1936,
set out as a note under section 703 of this title.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 701 of this title.
16 USC 706. Arrests; search warrants
TITLE 16 -- CONSERVATION
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this subchapter
shall have power, without warrant, to arrest any person committing a
violation of this subchapter in his presence or view and to take such
person immediately for examination or trial before an officer or court
of competent jurisdiction; shall have power to execute any warrant or
other process issued by an officer or court of competent jurisdiction
for the enforcement of the provisions of this subchapter; and shall
have authority, with a search warrant, to search any place. The several
judges of the courts established under the laws of the United States,
and United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable cause,
issue warrants in all such cases. All birds, or parts, nests, or eggs
thereof, captured, killed, taken, sold or offered for sale, bartered or
offered for barter, purchased, shipped, transported, carried, imported,
exported, or possessed contrary to the provisions of this subchapter or
of any regulation prescribed thereunder shall, when found, be seized
and, upon conviction of the offender or upon judgment of a court of the
United States that the same were captured, killed, taken, sold or
offered for sale, bartered or offered for barter, purchased, shipped,
transported, carried, imported, exported, or possessed contrary to the
provisions of this subchapter or of any regulation prescribed
thereunder, shall be forfeited to the United States and disposed of by
the Secretary of the Interior in such manner as he deems appropriate.
(July 3, 1918, ch. 128, 5, 40 Stat. 756; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 17, 1968,
Pub. L. 90-578, title IV, 402(b)(2), 82 Stat. 1118; Nov. 8, 1978, Pub.
L. 95-616, 3(h)(1), 92 Stat. 3111; Dec. 1, 1990, Pub. L. 101-650,
title III, 321, 104 Stat. 5117.)
1978 -- Pub. L. 95-616 made provisions respecting seizures and
judgment of court applicable to birds, or parts, nests, or eggs sold or
offered for sale, bartered or offered for barter, purchased, imported
and exported and substituted ''any regulation prescribed thereunder'' in
two places for ''any regulations made pursuant thereto'' and ''any
regulation made pursuant thereto'' and provision for disposition of the
birds, etc., by Secretary of the Interior in such manner as he deems
appropriate for prior provision for such disposition as directed by
court having jurisdiction.
''United States magistrate judges'' substituted for ''United States
magistrates'' in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ''United States magistrates'' substituted in
text for ''United States commissioners'' pursuant to Pub. L. 90-578.
See chapter 43 ( 631 et seq.) of Title 28.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with protection of certain birds
under this subchapter with respect to pre-construction, construction,
and initial operation of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of Federal
Inspector for Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, 102(e),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub.
L. 102-486, set out as an Abolition of Office of Federal Inspector note
under section 719e of Title 15, Commerce and Trade.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 701 of this title.
16 USC 707. Violations and penalties; forfeitures
TITLE 16 -- CONSERVATION
(a) Except as otherwise provided in this section, any person,
association, partnership, or corporation who shall violate any
provisions of said conventions or of this subchapter, or who shall
violate or fail to comply with any regulation made pursuant to this
subchapter shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $500 or be imprisoned not more than
six months, or both.
(b) Whoever, in violation of this subchapter, shall knowingly --
(1) take by any manner whatsoever any migratory bird with intent to
sell, offer to sell, barter or offer to barter such bird, or
(2) sell, offer for sale, barter or offer to barter, any migratory
bird shall be guilty of a felony and shall be fined not more than $2,000
or imprisoned not more than two years, or both.
(c) All guns, traps, nets and other equipment, vessels, vehicles, and
other means of transportation used by any person when engaged in
pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or
attempting to take, capture, or kill any migratory bird in violation of
this subchapter with the intent to offer for sale, or sell, or offer for
barter, or barter such bird in violation of this subchapter shall be
forfeited to the United States and may be seized and held pending the
prosecution of any person arrested for violating this subchapter and
upon conviction for such violation, such forfeiture shall be adjudicated
as a penalty in addition to any other provided for violation of this
subchapter. Such forfeited property shall be disposed of and accounted
for by, and under the authority of, the Secretary of the Interior.
(July 3, 1918, ch. 128, 6, 40 Stat. 756; June 20, 1936, ch. 634,
2, 49 Stat. 1556; Sept. 8, 1960, Pub. L. 86-732, 74 Stat. 866; Nov.
10, 1986, Pub. L. 99-645, title V, 501, 100 Stat. 3590.)
1986 -- Subsec. (b). Pub. L. 99-645 substituted ''shall knowingly''
for ''shall'' in introductory provisions.
1960 -- Pub. L. 86-732 designated existing provisions as subsec.
(a), inserted ''Except as otherwise provided in this section'', and
added subsecs. (b) and (c).
1936 -- Act June 20, 1936, substituted ''conventions'' for
''convention''.
Section effective June 30, 1937, see section 1 of act June 20, 1936,
set out as a note under section 703 of this title.
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior under this subchapter to Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see Transfer of Functions note set out under section 706 of this title.
16 USC 708. State or Territorial laws or regulations
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed to prevent the several
States and Territories from making or enforcing laws or regulations not
inconsistent with the provisions of said conventions or of this
subchapter, or from making or enforcing laws or regulations which shall
give further protection to migratory birds, their nests, and eggs, if
such laws or regulations do not extend the open seasons for such birds
beyond the dates approved by the President in accordance with section
704 of this title.
(July 3, 1918, ch. 128, 7, 40 Stat. 756; June 20, 1936, ch. 634,
2, 49 Stat. 1556.)
1936 -- Act June 20, 1936, substituted ''conventions'' for
''convention''.
Section effective June 30, 1937, see section 1 of act June 20, 1936,
set out as a note under section 703 of this title.
16 USC 709. Omitted
TITLE 16 -- CONSERVATION
Section, act July 3, 1918, ch. 128, 8, 40 Stat. 756, authorized
taking and use of migratory birds, nests, or eggs for scientific or
propagating purposes until adoption and approval, pursuant to section
704 of this title, of regulations dealing therewith. Regulations were
promulgated by Proc. July 31, 1918, 40 Stat. 1812.
16 USC 709a. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated, from time to time, out
of any money in the Treasury not otherwise appropriated, such amounts as
may be necessary to carry out the provisions and to accomplish the
purposes of said conventions and of this subchapter and regulations made
pursuant thereto, and the Secretary of the Interior is authorized out of
such moneys to employ in the city of Washington and elsewhere such
persons and means as he may deem necessary for such purpose and may
cooperate with local authorities in the protection of migratory birds
and make the necessary investigations connected therewith.
(July 3, 1918, ch. 128, 9, as added June 20, 1936, ch. 634, 5, 49
Stat. 1556; amended 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433.)
Section effective June 30, 1937, see section 1 of act June 30, 1936,
set out as a note under section 703 of this title.
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see Transfer of Functions note set out under section 706 of this title.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 701 of this title.
Section 6 of act June 20, 1936, provided: ''That all moneys now or
hereafter available for administration and enforcement of said Act
approved July 3, 1918 (this subchapter), shall be equally available for
the administration and enforcement of said Act as hereby amended.''
16 USC 710. Partial invalidity; short title
TITLE 16 -- CONSERVATION
If any clause, sentence, paragraph, or part of this subchapter, which
shall be known by the short title of the ''Migratory Bird Treaty Act'',
shall, for any reason, be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
(July 3, 1918, ch. 128, 1, 10, 40 Stat. 755, 757.)
The provisions of this section relating to short title are from
section 1 of act July 3, 1918, and the provisions relating to
severability are from section 10 of that act.
16 USC 711. Breeding and sale for food supply
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed to prevent the breeding
of migratory game birds on farms and preserves and the sale of birds so
bred under proper regulation for the purpose of increasing the food
supply.
(July 3, 1918, ch. 128, 12, 40 Stat. 757.)
16 USC 712. Treaty and convention implementing regulations; seasonal
taking of migratory birds for essential needs of indigenous Alaskans to
preserve and maintain stocks of the birds; protection and conservation
of the birds
TITLE 16 -- CONSERVATION
(1) In accordance with the various migratory bird treaties and
conventions with Canada, Japan, Mexico, and the Union of Soviet
Socialist Republics, the Secretary of the Interior is authorized to
issue such regulations as may be necessary to assure that the taking of
migratory birds and the collection of their eggs, by the indigenous
inhabitants of the State of Alaska, shall be permitted for their own
nutritional and other essential needs, as determined by the Secretary of
the Interior, during seasons established so as to provide for the
preservation and maintenance of stocks of migratory birds.
(2) The Secretary of the Interior is authorized to issue such
regulations as may be necessary to implement the provisions of the
convention between the United States and Great Britain for the
protection of migratory birds concluded August 16, 1916, the convention
between the United States and the United Mexican States for the
protection of migratory birds and game mammals concluded February 7,
1936, the convention between the United States and the Government of
Japan for the protection of migratory birds in danger of extinction, and
their environment concluded March 4, 1972, and the convention between
the United States and the Union of Soviet Socialist Republics for the
conservation of migratory birds and their environment concluded November
19, 1976.
(Pub. L. 95-616, 3(h)(2), (3), Nov. 8, 1978, 92 Stat. 3112.)
Par. (1) of section 3(h) of Pub. L. 95-616 amended section 706 of
this title. Pars. (2) and (3) of such section 3(h) were redesignated
(1) and (2) for codification purposes.
Section was enacted as part of the Fish and Wildlife Improvement Act
of 1978, and not as part of the Migratory Bird Treaty Act which
comprises this subchapter.
16 USC SUBCHAPTER III -- MIGRATORY BIRD CONSERVATION
TITLE 16 -- CONSERVATION
16 USC 715. Short title
TITLE 16 -- CONSERVATION
This subchapter shall be known by the short title of ''Migratory Bird
Conservation Act.''
(Feb. 18, 1929, ch. 257, 1, 45 Stat. 1222.)
Pub. L. 94-215, 1, Feb 17, 1976, 90 Stat. 189, provided: ''That
this Act (amending sections 668dd, 715a, 715k-3, 715k-5, 718a, 718b, and
718d of this title) may be cited as the 'Wetlands Loan Extension Act of
1976'.''
16 USC 715a. Migratory Bird Conservation Commission; creation;
composition; duties; approval of areas of land and water recommended
for purchase or rental
TITLE 16 -- CONSERVATION
A commission to be known as the Migratory Bird Conservation
Commission, consisting of the Secretary of the Interior, as chairman,
the Administrator of the Environmental Protection Agency, the Secretary
of Agriculture and two Members of the Senate, to be selected by the
President of the Senate, and two Members of the House of Representatives
to be selected by the Speaker, is created and authorized to consider and
pass upon any area of land, water, or land and water that may be
recommended by the Secretary of the Interior for purchase or rental
under this subchapter, and to fix the price or prices at which such area
may be purchased or rented; and no purchase or rental shall be made of
any such area until it has been duly approved for purchase or rental by
said commission. Any Member of the House of Representatives who is a
member of the commission, if reelected to the succeeding Congress, may
serve on the commission notwithstanding the expiration of a Congress.
Any vacancy on the commission shall be filled in the same manner as the
original appointment. The ranking officer of the branch or department
of a State to which is committed the administration of its game laws, or
his authorized representative, and in a State having no such branch or
department, the governor thereof, or his authorized representative,
shall be a member ex officio of said commission for the purpose of
considering and voting on all questions relating to the acquisition,
under this subchapter, of areas in his State. For purposes of this
subchapter, the purchase or rental of any area of land, water, or land
and water includes the purchase or rental of any interest in any such
area of land, water, or land and water.
(Feb. 18, 1929, ch. 257, 2, 45 Stat. 1222; 1939 Reorg. Plan No.
II, 4(f), (h), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Mar. 2,
1968, Pub. L. 90-261, 82 Stat. 39; Feb. 17, 1976, Pub. L. 94-215, 4,
90 Stat. 190; Dec. 13, 1989, Pub. L. 101-233, 13, 103 Stat. 1977.)
1989 -- Pub. L. 101-233 substituted ''Administrator of the
Environmental Protection Agency'' for ''Secretary of Transportation''.
1976 -- Pub. L. 94-215 inserted provision including in the purchase
or rental of any area of land, water, or land and water the purchase or
rental of any interest in any such area of land, water, or land and
water.
1968 -- Pub. L. 90-261 substituted the Secretary of Transportation
for the Secretary of Commerce in the membership of the Commission.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior, and provided that
Secretary of the Interior should be chairman of Migratory Bird
Conservation Commission and that Secretary of Agriculture should be a
member thereof.
16 USC 715b. Annual report
TITLE 16 -- CONSERVATION
The commission created by section 715a of this title shall, through
its chairman, annually report in detail to Congress, not later than the
first Monday in December, the operations of the commission during the
preceding fiscal year.
(Feb. 18, 1929, ch. 257, 3, 45 Stat. 1223.)
16 USC 715c. Areas recommended for approval; character
TITLE 16 -- CONSERVATION
The Secretary of the Interior may not recommend any area for purchase
or rental under the terms of this subchapter unless the Secretary of the
Interior --
(1) has determined that such area is necessary for the conservation
of migratory birds; and
(2) has consulted with the county or other unit of local government
in which such area is located and with the Governor of the State
concerned or the appropriate State agency.
(Feb. 18, 1929, ch. 257, 4, 45 Stat. 1223; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 15,
1966, Pub. L. 89-669, 7(a), 80 Stat. 929; Oct. 30, 1978, Pub. L.
95-552, 2, 92 Stat. 2071.)
1978 -- Pub. L. 95-552 substituted ''may not recommend any area''
for ''shall recommend no area'', incorporated existing provision in item
(1) and added item (2).
1966 -- Pub. L. 89-669 struck out ''game'' from ''migratory game
birds''.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715d. Purchase or rental of approved areas or interests
therein; gifts and devises; United States lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior may --
(1) purchase or rent such areas or interests therein as have been
approved for purchase or rental by the Commission at the price or prices
fixed by the Commission; and
(2) acquire, by gift or devise, any area or interests therein;
which he determines to be suitable for use as an inviolate sanctuary,
or for any other management purpose, for migratory birds. The Secretary
may pay, when deemed necessary by him and from moneys authorized to be
appropriated for the purposes of this subchapter (A) the purchase or
rental price of any such area or interest therein, and (B) the expenses
incident to the location, examination, survey, and acquisition of title
(including options) of any such area or interest therein. No lands
acquired, held, or used by the United States for military purposes shall
be subject to any provisions of this subchapter.
(Feb. 18, 1929, ch. 257, 5, 45 Stat. 1223; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Nov. 8, 1978,
Pub. L. 95-616, 5(a), 92 Stat. 3113.)
1978 -- Pub. L. 95-616 incorporated existing provisions in pars.
(1) and (2) and cls. (A) and (B), made provisions applicable to
interests in approved areas, and inserted authority for purchase or
acquisition for other management purposes.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715d-1, 715d-2. Repealed. Pub. L. 89-669, 8(a), Oct. 15,
1966, 80 Stat. 930
TITLE 16 -- CONSERVATION
Sections, act June 15, 1935, ch. 261, title III, 302, 303, 49
Stat. 382, provided for acceptance of land in exchange for other land
or timber, etc. rights and for acceptance of land in exchange for
patent to nonmineral public land. See section 668dd(b)(3) of this
title.
16 USC 715d-3. Omitted
TITLE 16 -- CONSERVATION
Section, act June 15, 1935, ch. 261, title V, 501, 49 Stat. 383,
authorized President to allocate out of appropriation made to him by
resolution of April 8, 1935, a sum for acquisition of areas for bird
sanctuaries and refuges.
16 USC 715e. Examination of title; easements and reservations
TITLE 16 -- CONSERVATION
The Secretary of the Interior may do all things and make all
expenditures necessary to secure the safe title in the United States to
the areas which may be acquired under this subchapter, but no payment
shall be made for any such areas until the title thereto shall be
satisfactory to the Attorney General or his designee, but the
acquisition of such areas by the United States shall in no case be
defeated because of rights-of-way, easements, and reservations which
from their nature will in the opinion of the Secretary of the Interior
in no manner interfere with the use of the areas so encumbered for the
purposes of this subchapter, but such rights-of-way, easements, and
reservations retained by the grantor or lessor from whom the United
States receives title under this subchapter or any other Act for the
acquisition by the Secretary of the Interior of areas for wildlife
refuges shall be subject to rules and regulations prescribed by the
Secretary of the Interior for the occupation, use, operation,
protection, and administration of such areas as inviolate sanctuaries
for migratory birds or as refuges for wildlife; and it shall be
expressed in the deed or lease that the use, occupation, and operation
of such rights-of-way, easements, and reservations shall be subordinate
to and subject to such rules and regulations as are set out in such deed
or lease or, if deemed necessary by the Secretary of the Interior, to
such rules and regulations as may be prescribed by him from time to
time.
(Feb. 18, 1929, ch. 257, 6, 45 Stat. 1223; June 15, 1935, ch. 261,
title III, 301, 49 Stat. 381; 1939 Reorg. Plan No. II, 4(f), eff.
July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Sept. 1, 1970, Pub. L.
91-393, 6, 84 Stat. 835.)
1970 -- Pub. L. 91-393 inserted ''or his designee'' after ''Attorney
General''.
1935 -- Act June 15, 1935, inserted ''under said sections or any
other Act for the acquisition by the Secretary of Agriculture of areas
for wildlife refuges'' and ''or as refuges for wildlife'', and inserted
clause beginning ''as are set out in such deed or lease or, if deemed
necessary'' etc.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715e-1. Omitted
TITLE 16 -- CONSERVATION
Section, act June 15, 1935, ch. 261, title III, 304, 49 Stat. 382,
applying section 715e of this title to exchanges effected under former
sections 715d-1 and 715d-2, has been omitted due to the repeal of
sections 715d-1 and 715d-2 by Pub. L. 89-669, 8(a), Oct. 15, 1966, 80
Stat. 930.
16 USC 715f. Consent of State to conveyance
TITLE 16 -- CONSERVATION
No deed or instrument of conveyance shall be accepted by the
Secretary of the Interior under this subchapter unless the State in
which the area lies shall have consented by law to the acquisition by
the United States of lands in that State.
(Feb. 18, 1929, ch. 257, 7, 45 Stat. 1223; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715g. Jurisdiction of State over areas acquired
TITLE 16 -- CONSERVATION
The jurisdiction of the State, both civil and criminal, over persons
upon areas acquired under this subchapter shall not be affected or
changed by reason of their acquisition and administration by the United
States as migratory-bird reservations, except so far as the punishment
of offenses against the United States is concerned.
(Feb. 18, 1929, ch. 257, 8, 45 Stat. 1224.)
16 USC 715h. Operation of State game laws
TITLE 16 -- CONSERVATION
Nothing in this subchapter is intended to interfere with the
operation of the game laws of the several States applying to migratory
game birds insofar as they do not permit what is forbidden by Federal
law.
(Feb. 18, 1929, ch. 257, 9, 45 Stat. 1224.)
16 USC 715i. Administration
TITLE 16 -- CONSERVATION
(a) Treaty obligations; rules and regulations
Areas of lands, waters, or interests therein acquired or reserved
pursuant to this subchapter shall, unless otherwise provided by law, be
administered by the Secretary of the Interior under rules and
regulations prescribed by him to conserve and protect migratory birds in
accordance with treaty obligations with Mexico, Canada, Japan, and the
Union of Soviet Socialist Republics, and other species of wildlife found
thereon, including species that are listed pursuant to section 1533 of
this title as endangered species or threatened species, and to restore
or develop adequate wildlife habitat.
(b) Management and public and private agency agreements authorization
In administering such areas, the Secretary is authorized to manage
timber, range, and agricultural crops; to manage other species of
animals, including but not limited to fenced range animals, with the
objectives of perpetuating, distributing, and utilizing the resources;
and to enter into agreements with public and private agencies.
(Feb. 18, 1929, ch. 257, 10, 45 Stat. 1224; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 15,
1966, Pub. L. 89-669, 7(b), 80 Stat. 929; Dec. 28, 1973, Pub. L.
93-205, 13(b), 87 Stat. 902; Nov. 8, 1978, Pub. L. 95-616, 5(b), 92
Stat. 3114.)
1978 -- Subsec. (a). Pub. L. 95-616 provided for treaty obligations
with Japan and the Union of Soviet Socialist Republics.
1973 -- Subsec. (a). Pub. L. 93-205 substituted ''listed pursuant to
section 1533 of this title as endangered species or threatened
species,'' for ''threatened with extinction,''.
1966 -- Subsecs. (a), (b). Pub. L. 89-669 added subsecs. (a) and
(b). Former paragraph prohibited acts on acquired areas and is now
covered by section 668dd(c) and (d)(1) of this title.
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as a note under section 1531 of this title.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715j. ''Migratory birds'' defined
TITLE 16 -- CONSERVATION
For the purposes of this subchapter and the Migratory Bird Treaty Act
(16 U.S.C. 703 et seq.), migratory birds are those defined as such by
the treaty between the United States and Great Britain for the
protection of migratory birds concluded August 16, 1916 (39 Stat.
1702), the treaty between the United States and the United Mexican
States for the protection of migratory birds and game mammals concluded
February 7, 1936 (50 Stat. 1311), the Convention between the Government
of the United States of America and the Government of Japan for the
Protection of Migratory Birds and Birds in Danger of Extinction, and
their Environment concluded March 4, 1972, and the Convention between
the United States and the Union of Soviet Socialist Republics for the
Conservation of Migratory Birds and their Environment concluded November
19, 1976.
(Feb. 18, 1929, ch. 257, 11, 45 Stat. 1224; Oct. 15, 1966, Pub. L.
89-669, 7(c), 80 Stat. 930; Nov. 8, 1978, Pub. L. 95-616, 5(c), 92
Stat. 3114.)
The Migratory Bird Treaty Act, referred to in text, is act July 3,
1918, ch. 128, 40 Stat. 755, as amended, which is classified generally
to subchapter II ( 703 et seq.) of this chapter. For complete
classification of this Act to the Code, see section 710 of this title
and Tables.
1978 -- Pub. L. 95-616 defined migratory birds for purposes of the
Migratory Bird Treaty Act and to include those defined in the Convention
of Mar. 4, 1972, concluded with Government of Japan and the Convention
of Nov. 19, 1976, concluded with Union of Soviet Socialist Republics.
1966 -- Pub. L. 89-669 inserted ''(39 Stat. 1702)'' and defined
migratory birds to include those defined in the Treaty of Feb. 7, 1936
(50 Stat. 1311) with the United Mexican States.
16 USC 715k. Authorization of appropriations for purposes of
subchapter; disposal; reservation protectors
TITLE 16 -- CONSERVATION
For the acquisition, including the location, examination, and survey,
of suitable areas of land, water, or land and water, for use as
migratory bird reservations, and necessary expenses incident thereto,
and for the administration, maintenance, and development of such areas
and other preserves, reservations, or breeding grounds frequented by
migratory birds and under the administration of the Secretary of the
Interior, including the construction of dams, dikes, ditches, flumes,
spillways, buildings, and other necessary improvements, and for the
elimination of the loss of migratory birds from alkali poisoning, oil
pollution of waters, or other causes, for cooperation with local
authorities in wildlife conservation, for investigations and
publications relating to North American birds, for personal services,
printing, engraving, and issuance of circulars, posters, and other
necessary matter and for the enforcement of the provisions of this
subchapter, there are hereby authorized to be appropriated, in addition
to all other amounts authorized by law to be appropriated, $200,000 for
the fiscal year ending June 30, 1940, and for each fiscal year
thereafter. No part of any appropriation authorized by this section
shall be used for payment of the salary, compensation, or expenses of
any United States protector, except reservation protectors for the
administration, maintenance and protection of such reservations and the
birds thereon: Provided, That reservation protectors appointed under
the provisions of this subchapter, shall be selected, when practicable,
from qualified citizens of the State in which they are to be employed.
The Secretary of the Interior is authorized and directed to make such
expenditures and to employ such means, including personal services in
the District of Columbia and elsewhere, as may be necessary to carry out
the foregoing objects.
(Feb. 18, 1929, ch. 257, 12, 45 Stat. 1224; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 15,
1966, Pub. L. 89-669, 7(a), 80 Stat. 929.)
Provisions of this section which related to appropriations for the
fiscal year ending June 30, 1930, to June 30, 1939, were omitted.
1966 -- Pub. L. 89-669 substituted ''grounds frequented by migratory
birds'' for ''grounds frequented by migratory game birds'', and ''United
States protector'' for ''United States game protector''.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715k-1. Expenditures for personal services
TITLE 16 -- CONSERVATION
In the execution of this Act, the Secretary of the Interior is
authorized to make such expenditures for personal services in the
District of Columbia and elsewhere as he shall deem necessary.
(June 15, 1935, ch. 261, title VII, 701, 49 Stat. 384; 1939 Reorg.
Plan No. II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
This Act, referred to in text, probably means the act of June 15,
1935, ch. 261, 49 Stat. 378, as amended, which is classified in part
to certain sections of this subchapter and of subchapter IV of this
chapter. For complete classification of this Act to the Code, see
Tables.
Act June 15, 1935, in addition to the provisions set out in the text,
made an appropriation for the acquisition of lands necessary to provide
for the restoration, rehabilitation and protection of migratory
waterfowl and other wildlife and for the erection and construction of
necessary buildings, dikes, dams, canals, and other works.
Section was not enacted as part of the Migratory Bird Conservation
Act which comprises this subchapter.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715k-2. Omitted
TITLE 16 -- CONSERVATION
Section, acts June 29, 1937, ch. 404, title I, 50 Stat. 421; June
16, 1938, ch. 464, title I, 52 Stat. 736; June 30, 1939, ch. 253,
title I, 53 Stat. 965, made an earlier specific appropriation available
for maintenance and operation of motor-propelled passenger-carrying
vehicles.
16 USC 715k-3. Authorization of appropriations for the preservation of
wetlands and other waterfowl habitat
TITLE 16 -- CONSERVATION
In order to promote the conservation of migratory waterfowl and to
offset or prevent the serious loss of important wetlands and other
waterfowl habitat essential to the preservation of such waterfowl, there
is authorized to be appropriated for the period beginning on July 1,
1961, and ending when all amounts authorized to be appropriated have
been expended, not to exceed $200,000,000.
(Pub. L. 87-383, 1, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90-205,
1(a), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94-215, 2(a), Feb. 17,
1976, 90 Stat. 189; Pub. L. 98-200, 1, Dec. 2, 1983, 97 Stat. 1378;
Pub. L. 98-548, title I, 101, Oct. 26, 1984, 98 Stat. 2774; Pub. L.
99-645, title I, 101(a), Nov. 10, 1986, 100 Stat. 3584; Pub. L.
100-653, title III, 301, Nov. 14, 1988, 102 Stat. 3827.)
Section was not enacted as part of the Migratory Bird Conservation
Act which comprises this subchapter.
1988 -- Pub. L. 100-653 substituted ''when all amounts authorized to
be appropriated have been expended'' for ''at the close of September 30,
1988''.
1986 -- Pub. L. 99-645 substituted ''September 30, 1988'' for
''September 30, 1986''.
1984 -- Pub. L. 98-548 substituted ''September 30, 1986'' for
''September 30, 1984''.
1983 -- Pub. L. 98-200 substituted ''September 30, 1984'' for
''September 30, 1983''.
1976 -- Pub. L. 94-215 substituted ''period beginning on July 1,
1961, and ending at the close of September 30, 1983, not to exceed
$200,000,000'' for ''fifteen-year period beginning with fiscal year
1962, not to exceed $105,000,000''.
1967 -- Pub. L. 90-205 substituted ''fifteen-year period'' for
''seven-year period''.
Pub. L. 87-383, which enacted this section and sections 715k-4 and
715k-5 of this title, is popularly known as the ''Wetlands Loan Act''.
16 USC 715k-4. Accounting and use of appropriations
TITLE 16 -- CONSERVATION
Funds appropriated each fiscal year pursuant to sections 715k-3 to
715k-5 of this title shall be accounted for, added to, and used for
purposes of the migratory bird conservation fund established pursuant to
section 718d of this title.
(Pub. L. 87-383, 2, Oct. 4, 1961, 75 Stat. 813.)
Section was not enacted as part of the Migratory Bird Conservation
Act which comprises this subchapter.
16 USC 715k-5. Acquisition of lands
TITLE 16 -- CONSERVATION
No land shall be acquired with moneys from the migratory bird
conservation fund unless the acquisition thereof has been approved by
the Governor of the State or appropriate State agency.
(Pub. L. 87-383, 3, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90-205,
1(b), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94-215, 2(b), Feb. 17,
1976, 90 Stat. 189; Pub. L. 98-200, 2, Dec. 2, 1983, 97 Stat. 1378;
Pub. L. 98-548, title I, 102, Oct. 26, 1984, 98 Stat. 2774; Pub. L.
99-645, title I, 101(b), Nov. 10, 1986, 100 Stat. 3584.)
Section was not enacted as part of the Migratory Bird Conservation
Act which comprises this subchapter.
1986 -- Pub. L. 99-645 struck out first three sentences which read
as follows: ''Funds appropriated pursuant to sections 715k-3 to 715k-5
of this title shall be treated as an advance, without interest, to the
migratory bird conservation fund. Such appropriated funds, beginning on
October 1, 1986, shall be repaid to the Treasury out of the migratory
bird conservation fund, such repayment shall be made in annual amounts
comprising 75 per centum of the moneys accruing annually to such fund.
In the event the full amount authorized by section 715k-3 of this title
is appropriated before October 1, 1986, the repayment of such funds
pursuant to this section shall begin with the next full fiscal year.''
1984 -- Pub. L. 98-548 substituted ''October 1, 1986'' for ''October
1, 1984'' in two places.
1983 -- Pub. L. 98-200 substituted ''October 1, 1984'' for ''October
1, 1983'' in two places.
1976 -- Pub. L. 94-215 substituted ''on October 1, 1983'' for ''with
fiscal year 1977'', ''before October 1, 1983'' for ''prior to the end of
the aforesaid fifteen-year period'' and ''year. No'' for ''year:
Provided further, That no''.
1967 -- Pub. L. 90-205 made minor structural changes and substituted
''1977'' for ''1969'' and ''fifteen-year period'' for ''seven-year
period''.
16 USC 715l, 715m. Repealed. Pub. L. 89-669, 7(d), Oct. 15, 1966,
80 Stat. 930
TITLE 16 -- CONSERVATION
Sections, act Feb. 18, 1929, ch. 257, 13, 14, 45 Stat. 1225,
related to: execution of provisions, powers and duties of United States
judges, commissioners and employees of Department of the Interior; and
penalty for violation of provisions. See section 668dd(f) and (e) of
this title, respectively.
16 USC 715n. ''Take'' defined
TITLE 16 -- CONSERVATION
For the purposes of this subchapter the word ''take'' shall be
construed to mean pursue, hunt, shoot, capture, collect, kill, or
attempt to pursue, hunt, shoot, capture, collect, or kill, unless the
context otherwise requires.
(Feb. 18, 1929, ch. 257, 15, 45 Stat. 1225.)
16 USC 715o. National forest and power sites; use for migratory bird
reservations
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed as authorizing or
empowering the Migratory Bird Conservation Commission herein created,
the Secretary of the Interior, or any other board, commission, or
officer, to declare, withdraw, or determine, except heretofore
designated, any part of any national forest or power site, a migratory
bird reservation under any of the provisions of this subchapter, except
by and with the consent of the legislature of the State wherein such
forest or power site is located.
(Feb. 18, 1929, ch. 257, 16, 45 Stat. 1225; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Herein created, referred to in text, means created by section 715a of
this title.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715p. Cooperation of State in enforcement of provisions
TITLE 16 -- CONSERVATION
When any State shall, by suitable legislation, make provision
adequately to enforce the provisions of this subchapter and all
regulations promulgated thereunder, the Secretary of the Interior may so
certify, and then and thereafter said State may cooperate with the
Secretary of the Interior in the enforcement of this subchapter and the
regulations thereunder.
(Feb. 18, 1929, ch. 257, 17, 45 Stat. 1225; 1939 Reorg. Plan No.
II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
16 USC 715q. Expenses of commission; authorization of appropriations
TITLE 16 -- CONSERVATION
A sum sufficient to pay the necessary expenses of the commission and
its members, not to exceed an annual expenditure of $7,500, is
authorized to be appropriated out of any money in the Treasury not
otherwise appropriated. Said appropriation shall be paid out on the
audit and order of the chairman of said commission, which audit and
order shall be conclusive and binding upon the General Accounting Office
as to the correctness of the accounts of said commission.
(Feb. 18, 1929, ch. 257, 18, 45 Stat. 1225; Oct. 15, 1962, Pub. L.
87-812, 76 Stat. 922.)
1962 -- Pub. L. 87-812 increased annual expenditures from not more
than $5,000 to not more than $7,500 and corrected a misspelling of
''commission''.
16 USC 715r. Partial invalidity; validity of remainder
TITLE 16 -- CONSERVATION
If any provision of this subchapter or the application thereof to any
person or circumstance is held invalid the validity of the remainder of
this subchapter and of the application of such provision to other
persons and circumstances shall not be affected thereby.
(Feb. 18, 1929, ch. 257, 19, 45 Stat. 1226.)
16 USC 715s. Participation of local governments in revenue from areas
administered by the United States Fish and Wildlife Service
TITLE 16 -- CONSERVATION
(a) Separate fund in the United States Treasury; availability of
funds until expended; ''National Wildlife Refuge System'' defined
Beginning with the next full fiscal year and for each fiscal year
thereafter, all revenues received by the Secretary of the Interior from
the sale or other disposition of animals, salmonoid carcassas, /1/
timber, hay, grass, or other products of the soil, minerals, shells,
sand, or gravel, from other privileges, or from leases for public
accommodations or facilities incidental to but not in conflict with the
basic purposes for which those areas of the National Wildlife Refuge
System were established, during each fiscal year in connection with the
operation and management of those areas of the National Wildlife Refuge
System, National Fish Hatcheries, or other areas, that are solely or
primarily administered by him, through the United States Fish and
Wildlife Service, shall be covered into the United States Treasury and
be reserved in a separate fund for disposition as hereafter prescribed.
Amounts in the fund shall remain available until expended, and may be
expended by the Secretary without further appropriation in the manner
hereafter prescribed. The National Wildlife Refuge System (hereafter
referred to as the ''system'') includes those lands and waters
administered by the Secretary as wildlife refuges, lands acquired or
reserved for the protection and conservation of fish and wildlife that
are listed pursuant to section 1533 of this title as endangered species
or threatened species, wildlife ranges, game ranges, wildlife management
areas, and waterfowl production areas established under any law,
proclamation. Executive, or public land order.
(b) Deduction of expenses
The Secretary may pay from the fund any necessary expenses incurred
by him in connection with the revenue-producing and revenue-sharing
measures.
(c) Payment to counties
(1) The Secretary shall pay out the fund, for each fiscal year
beginning with the fiscal year ending September 30, 1979, to each county
in which is situated any fee area whichever of the following amounts is
greater:
(A) An amount equal to the product of 75 cents multiplied by the
total acreage of that portion of the fee area which is located within
such county.
(B) An amount equal to three-fourths of 1 per centum of the fair
market value, as determined by the Secretary, of that portion of the fee
area (excluding any improvements thereto made after the date of Federal
acquisition) which is located within such county.
(C) An amount equal to 25 per centum of the net receipts collected by
the Secretary in connection with the operation and management of such
fee area during such fiscal year; but if a fee area is located in two
or more counties, the amount each such county is entitled to shall be
the amount which bears to such 25 per centum the same ratio as that
portion of the fee area acreage which is within such county bears to the
total acreage of such fee area.
(2) At the end of each fiscal year the Secretary shall pay out of the
fund for such fiscal year to each county in which any reserve area is
situated, an amount equal to 25 per centum of the net receipts collected
by the Secretary in connection with the operation and management of such
area during such fiscal year: Provided, That when any such area is
situated in more than one county the distributive share to each county
from the aforesaid receipts shall be proportional to its acreage of such
reserve area.
(3) For purposes of this section, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands shall each be treated as a county.
(4)(A) For purposes of determining the fair market value of fee areas
under paragraph (1)(B), the Secretary shall --
(i) appraise before September 30, 1979, all fee areas for which
payments under this section were not authorized for fiscal years
occurring before October 1, 1977; and
(ii) appraise all other fee areas, within five years after October
17, 1978, in the order in which such areas were first established by the
Service.
After initial appraisal under clause (i) or (ii), each fee area shall
thereafter be reappraised by the Secretary at least once during each
five-year period occurring after the date of the initial appraisal.
Until any fee area referred to in clause (ii) is initially appraised
under this subparagraph, the fair market value of such area shall be
deemed to be that adjusted cost of the area which was used to determine
payments under this subsection for fiscal year 1977; and in no case may
the amount of any payment to any local government under paragraph (1)(B)
with respect to any fee area be less than the amount paid under
paragraph (2)(A) of this subsection (as in effect on September 30, 1977)
with respect to such area.
(B) The Secretary shall make the determinations required under this
subsection in such manner as the Secretary considers to be equitable and
in the public interest. All such determinations shall be final and
conclusive.
(5)(A) Each county which receives payments under paragraphs (1) and
(2) with respect to any fee area or reserve area shall distribute, under
guidelines established by the Secretary, such payments on a proportional
basis to those units of local government (including, but not limited to,
school districts and the county itself in appropriate cases) which have
incurred the loss or reduction of real property tax revenues by reason
of the existence of such area. In any case in which a unit of local
government other than the county acts as the collecting and distributing
agency for real property taxes, the payments under paragraphs (1) and
(2) shall be made to such other unit which shall distribute the payments
in accordance with the guidelines.
(B) The Secretary may prescribe regulations under which payments
under this paragraph may be made to units of local government in cases
in which subparagraph (A) will not effect the purposes of this
paragraph.
(C) Payments received by units of local government under this
subsection may be used by such units for any governmental purpose.
(d) Authorization of appropriations equal to difference between
amount of net receipts and aggregate amount of required payments
If the net receipts in the fund which are attributable to revenue
collections for any fiscal year do not equal the aggregate amount of
payments required to be made for such fiscal year under subsection (c)
of this section to counties, there are authorized to be appropriated to
the fund an amount equal to the difference between the total amount of
net receipts and such aggregate amount of payments.
(e) Transfer and use of excess of net receipts over aggregate amount
of required payments
If the net receipts in the fund which are attributable to revenue
collections for any fiscal year exceed the aggregate amount of payments
required to be made for such fiscal year under subsection (c) of this
section to counties, the amount of such excess shall be transferred to
the Migratory Bird Conservation Fund for use in the acquisition of
suitable areas for migratory bird refuges under the provisions of the
Migratory Bird Conservation Act (16 U.S.C. 715-715r).
(f) Terms, conditions, and regulations for execution of revenue
producing activities; disposal of animals
The Secretary shall carry out any revenue producing activity referred
to in subsection (a)(1), (2), and (3) of this section within any fee
area or reserve area subject to such terms, conditions, or regulations,
including sales in the open markets, as the Secretary determines to be
in the best interest of the United States. The Secretary may, in
accordance with such regulations as the Secretary may prescribe, dispose
of animals which are surplus to any such area by exchange of the same or
other kinds, gift or loan to public institutions for exhibition or
propagation purposes, and for the advancement of knowledge and the
dissemination of information relating to the conservation of wildlife.
(g) Definitions
As used in this section --
(1) The term ''Secretary'' means the Secretary of the Interior.
(2) The term ''fee area'' means any area which was acquired in fee by
the United States and is administered, either solely or primarily, by
the Secretary through the Service.
(3) The term ''reserve area'' means any area of land withdrawn from
the public domain and administered, either solely or primarily, by the
Secretary through the Service.
(4) The term ''Service'' means the United States Fish and Wildlife
Service.
(5) The term ''county'' means any county, parish, or organized or
unorganized borough.
(June 15, 1935, ch. 261, title IV, 401, 49 Stat. 383; 1939 Reorg.
Plan No. II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
1940 Reorg. Plan No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat.
1232; Oct. 31, 1951, ch. 654, 2(13), 65 Stat. 707; Aug. 30, 1964,
Pub. L. 88-523, 78 Stat. 701; Oct. 15, 1966, Pub. L. 89-669, 8(b), 80
Stat. 930; Dec. 28, 1973, Pub. L. 93-205, 13(b), 87 Stat. 902; Dec.
3, 1974, Pub. L. 93-509, 4, 88 Stat. 1603; Oct. 17, 1978, Pub. L.
95-469, 1(a), 92 Stat. 1319; Sept. 13, 1982, Pub. L. 97-258, 5(b),
96 Stat. 1068.)
Beginning with the next full fiscal year and for each fiscal year
thereafter, referred to in subsec. (a), probably means the next full
fiscal year following Aug. 30, 1964, the date of enactment of Pub. L.
88-523, which amended this section.
The Migratory Bird Conservation Act, referred to in subsec. (e), is
act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to this subchapter. For complete classification of
this Act to the Code, see section 715 of this title and Tables.
The reference in subsec. (f) to ''revenue producing activity
referred to in subsection (a)(1), (2), and (3) of this section'',
enacted as an amendment to subsec. (f) by section 1(a)(3) of Pub. L.
95-469, is a reference to the proposed amendment as set out on pg. 1 of
House Report No. 95-1197 of the 95th Congress, 2d Session, May 15,
1978, and reading in part:
''(a) All revenues received during each fiscal year by the Secretary
in connection with the operation and management of fee areas and reserve
areas from --
''(1) the sale or disposition of animals, salmonoid carcasses,
products of the soil (including, but not limited to, timber, hay, and
grass), minerals (including, but not limited to, crude petroleum and
natural gas), shells, sand, and gravel;
''(2) leases for public accommodations or facilities incidental to,
but not in conflict with, the major purposes of such areas; and
''(3) other privileges;
shall be covered'' which was not enacted by the Congress but subsec.
(a) was amended as provided in the 1978 Amendment note below.
Section was not enacted as part of the ''Migratory Bird Conservation
Act'' which comprises this subchapter.
1982 -- Subsec. (h). Pub. L. 97-258 struck out subsec. (h) which
had provided for administration of payments to local governments for
entitlement lands, reserve areas as entitlement lands, and payments
received by any unit of local government to be deemed payments under
specified provisions. See sections 6901 and 6903 of Title 31, Money and
Finance.
1978 -- Subsec. (a). Pub. L. 95-469, 1(a)(1), authorized the
separate fund in the United States Treasury to include revenues from
sale or other disposition of salmonoid carcasses and extended the
operation and management provision to areas of National Fish Hatcheries
and other areas administered by the Secretary.
Subsec. (b). Pub. L. 95-469, 1(a)(2), substituted
''revenue-producing and revenue-sharing measures'' for
''revenue-producing measures set forth in subsection (a) of this
section''.
Subsec. (c). Pub. L. 95-469, 1(a)(3), in revising subsec. (c),
substituted pars. (1) to (5) for prior text consisting of:
introductory text authorizing expenditures solely for benefit of public
schools and roads, now covered in par. (5)(C); par. (1) of first
sentence, now included in par. (2); par. (2) of first sentence, now
covered in pars. (1)(B), (C) and (4) in part; and second sentence now
incorporated in par. (4)(B).
Subsec. (d). Pub. L. 95-469, 1(a)(3), substituted provision for
authorization of appropriations equal to difference between amount of
net receipts and aggregate amount of required payments for prior
provision limiting amount payable to the counties to amount of net
receipts in the fund for any fiscal year and a proportionate reduction
of payments when net receipts are insufficient for aggregate amount of
payments for any fiscal year.
Subsec. (e). Pub. L. 95-469, 1(a)(3), in revising subsec. (e),
substituted provision authorizing use of surplus funds for acquisition
of suitable areas for migratory bird refuges for prior provision making
remaining funds available for such land acquisition and eliminated
provision prohibiting funds available for the Management of the National
Wildlife Refuge System or for enforcement of the Migratory Bird Treaty
Act from being diminished by the amendments made by Pub. L. 93-509 to
this subsection unless by specific congressional enactment.
Subsec. (f). Pub. L. 95-469, 1(a)(3), substituted ''The Secretary
shall carry out any revenue producing activity referred to in subsection
(a)(1), (2), and (3) of this section within any fee area or reserve area
subject to such terms, conditions, or regulations, including sales in
the open markets, as the Secretary determines to be in the best interest
of the United States.'' for ''The disposition or sale of surplus
animals, minerals, and other products, the grant of privileges, and the
carrying out of any other activities that result in the collection of
revenues within any areas of the System may be accomplished upon such
terms, conditions, or regulations, including sale in the open markets,
as the Secretary shall determine to be in the best interest of the
United States.'' and reenacted substance of second sentence, setting out
provision for regulations at beginning rather than end of sentence.
Subsec. (g). Pub. L. 95-469, 1(a)(3), substituted definitions of
certain terms for prior provision for supersedure by Pub. L. 88-523 of
repealed paragraph of ''Management of National Wildlife Refuges'' in the
General Appropriation Act, 1951, approved Sept. 6, 1950 (64 Stat. 595,
693 to 694).
Subsec. (h). Pub. L. 95-469, 1(a)(4), added subsec. (h).
1974 -- Subsec. (e). Pub. L. 93-509 substituted provisions that
moneys remaining in the fund after all payments under this section are
made for any fiscal year shall be transferred to the Migratory Bird
Conservation Fund and shall be available for land acquisition under the
Migratory Bird Conservation Act with exception that the funds available
for the management of the National Wildlife Refuge System or for
enforcement of the Migratory Bird Treaty Act shall not be diminished for
provisions that moneys remaining in the fund after all payments are made
for any fiscal year may be used by the Secretary thereafter for
management of the System, including but not limited to the construction,
improvement, repair, and alteration of buildings, roads, and other
facilities, and for enforcement of the Migratory Bird Treaty Act.
1973 -- Subsec. (a). Pub. L. 93-205 substituted ''listed pursuant to
section 1533 of this title as endangered species or threatened
species,'' for ''threatened with extinction,''.
1966 -- Subsec. (a). Pub. L. 89-669 defined the National Wildlife
Refuge System to include lands acquired or reserved for the protection
and conservation of fish and wildlife that are threatened with
extinction.
1964 -- Pub. L. 88-523 substituted provisions designated as subsecs.
(a) to (g) for former provisions constituting one paragraph consisting
of a first clause with three provisos and a second clause; required in
subsec. (a) all receipts from the National Wildlife Refuge System to be
covered into a separate fund in the United States Treasury, made the
fund available until expended, provided for expenditures without further
appropriation, and defined the National Wildlife Refuge System;
incorporated the third proviso of the first clause and the second clause
in subsec. (b) and the parenthetical matter of subsec. (c);
incorporated in the reserved public lands provision of subsec. (c)(1)
the formula of the first clause for returning twenty-five per centum of
the net revenues from the System to the counties in which the producing
refuges are located for the benefit of the public schools and roads
therein; incorporated the first proviso of the first clause in subsec.
(c)(1) proviso; substituted subsec. (c)(2) providing an option plan
for payment of either 25 per centum of the net receipts from lands
acquired in fee by the United States to the counties in which such
acquired lands are located or three-fourths of 1 per centum of the
adjusted cost of the acquired lands, whichever is higher, for the
formula of the first clause for returning 25 per centum of the revenues;
inserted provisions of subsecs. (d), (e), and (g); and incorporated
the second proviso of the first clause in subsec. (f).
1951 -- Act Oct. 31, 1951, in second proviso, inserted reference to
application regulations of the Federal Property and Administrative
Services Act of 1949, as amended, and, in third proviso, inserted
reference to section 485 of Title 40.
Availability of Appropriation Authorization
Section 2 of Pub. L. 95-469 provided that: ''The amendments made by
this Act (amending this section and sections 1603, 1605 and 1606 of
former Title 31, Money and Finance), shall apply with respect to
payments made to counties under title IV of the Act of June 15, 1935
(this section), for the fiscal year ending September 30, 1979, and for
fiscal years thereafter; except that the amendments made to such title
IV (this section) which amend section 401(a) and (g), add paragraph (4)
to section 401(c) (subsecs. (a) and (g), and (c)(4) of this section),
and amend the title heading (of this section) shall take effect on the
date of the enactment of this Act (Oct. 17, 1978). No authorization for
appropriation shall be available under this Act before the fiscal year
ending September 30, 1980.''
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Reorg. Plan No. III of 1940, set out in the Appendix to Title 5,
consolidated Bureau of Fisheries and Bureau of Biological Survey, with
their respective functions, into one agency in Department of the
Interior to be known as the Fish and Wildlife Service.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 715a of this title.
/1/ So in original. Probably should be ''carcasses,''.
16 USC SUBCHAPTER IV -- HUNTING AND CONSERVATION STAMP TAX
TITLE 16 -- CONSERVATION
section 564w-1.
16 USC 718. Definitions
TITLE 16 -- CONSERVATION
(a) Terms defined in the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.), or the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.),
shall, when used in this subchapter, have the meaning assigned to such
terms in such Acts, respectively.
(b) As used in this subchapter (1) the term ''migratory waterfowl''
means the species enumerated in paragraph (a) of subdivision 1 of
article I of the treaty between the United States and Great Britain for
the protection of migratory birds concluded August 16, 1916 (39 Stat.
1702); (2) the term ''State'' includes the several States and
Territories of the United States and the District of Columbia; and (3)
the term ''take'' means pursue, hunt, shoot, capture, collect, or kill,
or attempt to pursue, hunt, shoot, capture, collect, or kill.
(Mar. 16, 1934, ch. 71, 9, 48 Stat. 452.)
The Migratory Bird Treaty Act, referred to in subsec. (a), is act
July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
generally to subchapter II ( 703 et seq.) of this chapter 7 of this
title. For complete classification of this Act to the Code, see section
710 of this title and Tables.
The Migratory Bird Conservation Act, referred to in subsec. (a), is
act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III ( 715 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
Act of Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is
classified generally to this subchapter, is popularly known as the
''Migratory Bird Hunting Stamp Act'' and also as the ''Duck Stamp Act''.
16 USC 718a. Hunting and conservation stamp for taking migratory
waterfowl
TITLE 16 -- CONSERVATION
No person who has attained the age of sixteen years shall take any
migratory waterfowl unless at the time of such taking he carries on his
person an unexpired Federal migratory-bird hunting and conservation
stamp validated by his signature written by himself in ink across the
face of the stamp prior to his taking such birds; except that no such
stamp shall be required for the taking of migratory waterfowl by Federal
or State institutions or official agencies, or for propagation, or by
the resident owner, tenant, or share cropper of the property or
officially designated agencies of the Department of the Interior for the
killing, under such restrictions as the Secretary of the Interior may by
regulation prescribe, of such waterfowl when found injuring crops or
other property. Any person to whom a stamp has been sold under section
718b of this title shall upon request exhibit such stamp for inspection
to any officer or employee of the Department of the Interior authorized
to enforce the provisions of this subchapter or to any officer of any
State or any political subdivision thereof authorized to enforce game
laws.
(Mar. 16, 1934, ch. 71, 1, 48 Stat. 451; June 15, 1935, ch. 261,
title I, 1, 49 Stat. 378; 1939 Reorg. Plan No. II, 4(f), eff. July 1,
1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, 1, 70 Stat.
722; Feb. 17, 1976, Pub. L. 94-215, 3(a), 90 Stat. 189.)
1976 -- Pub. L. 94-215 substituted ''hunting and conservation
stamp'' for ''hunting stamp'' in first sentence.
1956 -- Act July 30, 1956, substituted ''no person who has attained
the age of sixteen years'', for ''no person over sixteen years of age''.
1935 -- Act June 15, 1935, substituted ''validated by his signature
written by himself in ink across the face of the stamp prior to his
taking such birds'' for ''issued to him in the manner hereinafter
provided,'' and struck out provisions which authorized the Secretary of
Agriculture to adopt and promulgate regulations for the protection of
private property in the injury of crops.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
16 USC 718b. Issuance and sale of stamps; deposit of funds in
migratory bird conservation fund; fees; validity; expiration;
redemption; ''retail dealers'' and ''hunting year'' defined
TITLE 16 -- CONSERVATION
(a) Sales; fund disposition; unsold stamps
The stamps required by section 718a of this title shall be issued and
sold by the Postal Service and may be sold by the Department of the
Interior, pursuant to regulations prescribed jointly by the Postal
Service and the Secretary of the Interior, at (1) each post office of
the first- and second-class, and (2) any establishment, facility, or
location as the Postal Service and the Secretary of the Interior shall
direct or authorize. The funds received from the sale of such stamps by
the Department of the Interior shall be deposited in the migratory bird
conservation fund in accordance with the provisions of section 718d of
this title. Except as provided in subsection (b) of this section, for
each stamp sold under the provisions of this section for any hunting
year there shall be collected by the Postal Service a sum of not less
than $3 and not more than $5 as determined by the Secretary of the
Interior after taking into consideration, among other matters, the
increased cost of lands needed for the conservation of migratory birds.
No such stamp shall be valid under any circumstances to authorize the
taking of migratory waterfowl except in compliance with Federal and
State laws and regulations and then only when the person so taking such
waterfowl shall himself have written his signature in ink across the
face of the stamp prior to such taking. Such stamps shall be usable as
migratory-bird hunting stamps only during the year for which issued.
The Postal Service, pursuant to regulations prescribed by it, shall
provide for the redemption, on or before the 30th day of June of each
year, of blocks composed of two or more attached unused stamps issued
for such year (A) that were sold on consignment to any person,
including, but not limited to, retail dealers for resale to their
customers, and (B) that have not been resold by any such person. As
used in this section, the term ''retail dealers'' means persons
regularly engaged in the business of retailing hunting or fishing
equipment, and persons duly authorized to act as agents of a State or
political subdivision thereof for the sale of State or county hunting or
fishing licenses.
(b) Cost of stamp
The Postal Service shall collect $10.00 for each stamp sold under the
provisions of this section for hunting years 1987 and 1988, $12.50 for
hunting years 1989 and 1990, and $15.00 for each hunting year
thereafter, if the Secretary of the Interior determines, at any time
before February 1 of the calendar year in which such hunting year
begins, that all sums in the migratory bird conservation fund available
for obligation and attributable to --
(1) amounts appropriated pursuant to this subchapter for the fiscal
year ending in the immediately preceding calendar year; and
(2) the sale of stamps under this section during such fiscal year
have been obligated for expenditure. For purposes of this section,
the term ''hunting year'' means the 12-month period beginning on July 1
of any such year.
(Mar. 16, 1934, ch. 71, 2, 48 Stat. 451; June 15, 1935, ch. 261,
title I, 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, 1, 63 Stat. 599;
July 30, 1956, ch. 782, 2, 3(b), 70 Stat. 722; Aug. 1, 1958, Pub. L.
85-585, 1, 72 Stat. 486; Dec. 22, 1971, Pub. L. 92-214, 1, 2, 85
Stat. 777; Feb. 17, 1976, Pub. L. 94-215, 3(b), (c), 90 Stat. 189;
Apr. 21, 1976, Pub. L. 94-273, 34, 90 Stat. 380; Oct. 30, 1978, Pub.
L. 95-552, 1, 92 Stat. 2071; Nov. 8, 1978, Pub. L. 95-616, 7(a), 92
Stat. 3114; Nov. 7, 1986, Pub. L. 99-625, 3, 100 Stat. 3502; Nov. 10,
1986, Pub. L. 99-645, title II, 202, 100 Stat. 3586.)
1986 -- Subsec. (b). Pub. L. 99-645, 202(1), (2), in introductory
provisions, substituted ''$10.00 for each stamp sold under the
provisions of this section for hunting years 1987 and 1988, $12.50 for
hunting years 1989 and 1990, and $15.00 for each hunting year
thereafter, if'' for ''$7.50 for each stamp sold under the provisions of
this section for any hunting year if''.
Pub. L. 99-625 and Pub. L. 99-645, 202(3), amended subsec. (b)
identically, inserting ''available for obligation'' before
''attributable to''.
1978 -- Subsec. (a). Pub. L. 95-616 substituted ''June'' for
''September'' in sixth sentence.
Pub. L. 95-552, 1(1), (2), designated existing provisions as subsec.
(a), inserted in third sentence introductory text ''Except as provided
in subsection (b) of this section,'' and ''for any hunting year'' before
''there shall be collected''.
Subsec. (b). Pub. L. 95-552, 1(3), added subsec. (b).
1976 -- Pub. L. 94-273 substituted ''the year'' for ''the fiscal
year'' and ''each year'' for ''each fiscal year''.
Pub. L. 94-215 authorized sale of stamps by the Department of the
Interior, substituted provision for prescription of regulations jointly
by the Postal Service and the Secretary of the Interior for prior
provision for such prescription by the Postal Service and provision for
sale of stamps at any establishment, facility, or location as the Postal
Service and the Secretary of the Interior shall direct and authorize for
prior provision for sale of stamps at such post offices other than
first- and second-class post offices as the Postal Service shall direct
and inserted provision respecting deposit of funds from sale of stamps
by the Department of the Interior in the migratory bird conservation
fund; and substituted ''September'' for ''June'' in relation to
redemption of blocks of stamps, designated existing provisions as cls.
(A) and (B), and substituted ''consignment to any person, including, but
not limited to, ''retail dealers'' for ''consignment to retail dealers''
in cl. (A) and ''by any such person'' for ''by such dealers'' in cl.
(B), respectively.
1971 -- Pub. L. 92-214 substituted ''Postal Service'' for ''Post
Office Department'' and ''Postmaster General'' and inserted provisions
authorizing the collection of up to $5 for each stamp sold to be
determined by the Secretary of the Interior after taking into
consideration, among other matters, the increased cost of lands needed
for the conservation of migratory birds.
1958 -- Pub. L. 85-585 increased cost of stamp from $2 to $3.
1956 -- Act July 30, 1956, 2, struck out in existing next to last
sentence requirement that stamps remaining unsold by the Post Office
Department subsequent to becoming void after the 30th day of June next
succeeding issuance be destroyed, substituted provisions in existing
last sentence relating to redemption of blocks of unused stamps sold on
consignment to retail dealers for resale to their customers, for
provisions prohibiting the redemption by the Department in cash or kind
of stamps sold under this Act, and inserted sentence defining ''retail
dealers''. For further amendment of next to last sentence of this
section, see section 3(b) of act July 30, 1956, set out below.
Act July 30, 1956, 3(b), substituted provisions in fourth sentence
authorizing use as migratory-bird stamps only during fiscal year for
which issued, for provisions requiring stamps to expire and be void
after the 30th day of June next succeeding issuance. Amendment of
fourth sentence by section 3(b) further amends amendments made to next
to last sentence by section 2 of act July 30, 1956, as set out above.
1949 -- Act Aug. 12, 1949, increased cost of stamp from $1 to $2.
1935 -- Act June 15, 1935, amended section generally.
Section 4 of Pub. L. 85-585 provided that: ''The amendment made by
the first section of this Act (amending this section) shall become
effective on July 1, 1959. The amendment made by section 2 of this Act
(amending section 718d of this title) making available the net proceeds
of all moneys received in the migratory bird conservation fund for the
location, ascertainment, and acquisition of Waterfowl Production Areas
and suitable areas for migratory bird refuges shall become effective on
July 1, 1960. The remaining amendments made by this Act (amending
section 718d of this title) shall become effective on the date of the
enactment of this Act (Aug. 1, 1958). Any unobligated balance remaining
in the migratory bird conservation fund on June 30, 1960, shall
thereafter be available for expenditure only for the purposes specified
in the Migratory Bird Hunting Stamp Act of March 16, 1934 (this
subchapter), as amended by this Act.''
Section 1 of act Aug. 12, 1949, provided in part: ''That the moneys
derived from the sale of such stamps shall be spent only upon specific
appropriation by the Congress.''
16 USC 718b-1. Disposition of unsold stamps; collectors' supply;
destruction of surplus
TITLE 16 -- CONSERVATION
On or after July 30, 1956, such quantity of migratory-bird hunting
stamps, not sold at the end of the fiscal year for which issued, as
determined by the Postal Service to be (1) required to supply the market
for sale to collectors, and (2) in suitable condition for such sale to
collectors, shall be turned over to the Philatelic Agency and therein
placed on sale. Any surplus stock of such migratory-bird hunting stamps
may be destroyed in such manner as the Postal Service shall direct.
(July 30, 1956, ch. 782, 3(a), 70 Stat. 722; Dec. 22, 1971, Pub.
L. 92-214, 3, 85 Stat. 777.)
Section was not enacted as part of act Mar. 16, 1934, which
comprises this subchapter.
1971 -- Pub. L. 92-214 substituted ''Postal Service'' for
''Postmaster General''.
16 USC 718c. Compliance with treaty or convention regulations and
State game laws
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed to authorize any person
to take any migratory waterfowl otherwise than in accordance with
regulations adopted and approved pursuant to any treaty or convention
heretofore or hereafter entered into between the United States and any
other country for the protection of migratory birds, nor to exempt any
person from complying with the game laws of the several States.
(Mar. 16, 1934, ch. 71, 3, 48 Stat. 451; Nov. 8, 1978, Pub. L.
95-616, 7(b), 92 Stat. 3114.)
1978 -- Pub. L. 95-616 provided for convention regulations.
16 USC 718d. Disposition of receipts from sale of stamps
TITLE 16 -- CONSERVATION
All moneys received for such stamps shall be accounted for by the
Postal Service or the Department of the Interior, whichever is
appropriate, and paid into the Treasury of the United States, and shall
be reserved and set aside as a special fund to be known as the migratory
bird conservation fund, to be administered by the Secretary of the
Interior. All moneys received into such fund are appropriated for the
following objects and shall be available therefor until expended:
(a) Advance allotments to Postal Service
So much as may be necessary shall be used by the Secretary of the
Interior to make advance allotments to the Postal Service at such times
and in such amounts as may be mutually agreed upon by the Secretary of
the Interior and the Postal Service for direct expenditure by the Postal
Service for engraving, printing, issuing, selling, and accounting for
migratory bird hunting stamps and moneys received from the sale thereof,
in addition to expenses for personal services in the District of
Columbia and elsewhere, and such other expenses as may be necessary in
executing the duties and functions required of the Postal Service.
(b) Acquisition of bird refuges
Except as authorized in subsection (c) of this section, the remainder
shall be available for the location, ascertainment, and acquisition of
suitable areas for migratory bird refuges under the provisions of the
Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and for the
administrative costs incurred in the acquisition of such areas.
(c) Waterfowl Production Areas
The Secretary of the Interior is authorized to utilize funds made
available under subsection (b) of this section for the purposes of such
subsection, and such other funds as may be appropriated for the purposes
of such subsection, or of this subsection, to acquire, or defray the
expense incident to the acquisition by gift, devise, lease, purchase, or
exchange of, small wetland and pothole areas, interests therein, and
rights-of-way to provide access thereto. Such small areas, to be
designated as ''Waterfowl Production Areas'', may be acquired without
regard to the limitations and requirements of the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.), but all of the provisions of
such Act which govern the administration and protection of lands
acquired thereunder, except the inviolate sanctuary provisions of such
Act, shall be applicable to areas acquired pursuant to this subsection.
(Mar. 16, 1934, ch. 71, 4, 48 Stat. 451; June 15, 1935, ch. 261,
title I, 3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No. II, 4(f),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 12, 1949, ch. 421,
2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65 Stat. 451; Aug. 1, 1958,
Pub. L. 85-585, 2, 3, 72 Stat. 486, 487; Oct. 15, 1966, Pub. L.
89-669, 6, 80 Stat. 929; Dec. 22, 1971, Pub. L. 92-214, 2, 85 Stat.
777; Feb. 17, 1976, Pub. L. 94-215, 3(d), 90 Stat. 190.)
The Migratory Bird Conservation Act, referred to in subsecs. (b) and
(c), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which
is classified generally to subchapter III ( 715 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
1976 -- Pub. L. 94-215 inserted ''or the Department of the Interior,
whichever is appropriate,'' after ''Postal Service'' in first sentence.
1971 -- Pub. L. 92-214 substituted ''Postal Service'' for ''Post
Office Department'' in introductory provisions and ''Postal Service''
for ''Post Office Department'' and ''Postmaster General'' in subsec.
(a).
1966 -- Subsec. (b). Pub. L. 89-669 struck out provisos relating to
wildlife management areas and rule making for such areas which are now
covered by section 668bb(d) (1) of this title.
1958 -- Subsecs. (a), (b). Pub. L. 85-585 earmarked proceeds from
sale of stamps, less expenses of Post Office Department in connection
with fish and wildlife matters, for the acquisition of migratory bird
refuges, and permitted hunting of resident game birds in designated
wildlife management areas.
Subsec. (c). Pub. L. 85-585 added subsec. (c).
1951 -- Subsec. (a). Act Oct. 20, 1951, substituted ''85 per
centum'' for ''90 per centum''.
Subsec. (b). Act Oct. 20, 1951, inserted ''in enforcing'' after
''The remainder shall be available for expenses''.
1949 -- Subsec. (a). Act Aug. 12, 1949, inserted proviso.
1935 -- Act June 15, 1935, amended section generally.
For effective date of amendment by Pub. L. 85-585, see section 4 of
Pub. L. 85-585, set out as a note under section 718b of this title.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 718a of this title.
Funds appropriated pursuant to sections 715k-3 to 715k-5 of this
title, to be added to, accounted and used for purposes of the migratory
bird conservation fund established under this section, see section
715k-4 of this title.
Repayment of funds treated as an advance without interest to the
migratory bird conservation fund, see section 715k-5 of this title.
564w-1.
16 USC 718e. Offenses
TITLE 16 -- CONSERVATION
(a) Loan or transfer of stamp
No person to whom has been sold a migratory-bird hunting stamp,
validated as provided in section 718a of this title, shall loan or
transfer such stamp to any person during the period of its validity;
nor shall any person other than the person validating such stamp use it
for any purpose during such period.
(b) Alteration and counterfeiting of stamp
Except as provided in clauses (i) and (ii) of section 504(1)(D) of
title 18, no person shall alter, mutilate, imitate, or counterfeit any
stamp authorized by this subchapter, or imitate or counterfeit any die,
plate, or engraving therefor, or make, print, or knowingly use, sell, or
have in his possession any such counterfeit, die, plate, or engraving.
(c) Reproduction of migratory bird hunting stamps; regulation by
Secretary of the Interior; disposition of proceeds
Notwithstanding the provisions of subsection (b) of this section, or
the prohibition in section 474 of title 18, or other provisions of law,
the Secretary of the Interior may authorize, with the concurrence of the
Secretary of the Treasury,
(1) the color reproduction, or
(2) the black and white reproduction,
of migratory bird hunting stamps authorized by sections 718 to 718b,
718c, 718d, and 718f to 718h of this title, which otherwise satisfies
the requirements of clauses (ii) and (iii) of section 504(1) of title
18. Any such reproduction shall be subject to those terms and
conditions deemed necessary by the Secretary of the Interior by
regulation or otherwise and any proceeds received by the Federal
Government as a result of such reproduction shall be paid, after
deducting expenses for marketing, into the migratory bird conservation
fund established under section 718d of this title.
(Mar. 16, 1934, ch. 71, 5, 48 Stat. 452; June 15, 1935, ch. 261,
title I, 5, 49 Stat. 380; July 18, 1984, Pub. L. 98-369, div. A, title
X, 1077(a), (b)(3), 98 Stat. 1054, 1055; Nov. 14, 1988, Pub. L.
100-653, title III, 302, 102 Stat. 3827.)
1988 -- Subsec. (c). Pub. L. 100-653 inserted '', after deducting
expenses for marketing,'' after ''paid''.
1984 -- Subsec. (b). Pub. L. 98-369, 1077(b)(3), substituted
''Except as provided in clauses (i) and (ii) of section 504(1)(D) of
title 18, no person'' for ''No person''.
Subsec. (c). Pub. L. 98-369, 1077(a), added subsec. (c).
1935 -- Act June 15, 1935, amended section generally.
Section 1077(c) of Pub. L. 98-369 provided that: ''The amendments
made by this section (amending this section and section 504 of Title 18,
Crimes and Criminal Procedure) shall take effect on the date of the
enactment of this Act (July 18, 1984).''
16 USC 718f. Enforcement; authority of United States judges,
magistrate judges, and employees of Department of the Interior
TITLE 16 -- CONSERVATION
For the efficient execution of this subchapter, the judges of the
several courts, established under the laws of the United States, United
States magistrate judges, and persons appointed by the Secretary of the
Interior to enforce the provisions of this subchapter, shall have, with
respect thereto, like powers and duties as are conferred upon said
judges, magistrate judges, and employees of the Department of the
Interior by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), or
any other Act to carry into effect any treaty for the protection of
migratory birds with respect to that Act. Any bird or part thereof
taken or possessed contrary to this subchapter shall, when seized, be
disposed of by the Secretary in accordance with law.
(Mar. 16, 1934, ch. 71, 6, 48 Stat. 452; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 17, 1968,
Pub. L. 90-578, title IV, 402(b)(2), 82 Stat. 1118; Nov. 8, 1978, Pub.
L. 95-616, 3(i), 92 Stat. 3112; Dec. 1, 1990, Pub. L. 101-650, title
III, 321, 104 Stat. 5117.)
The Migratory Bird Treaty Act, and ''that Act'', referred to in text,
is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is
classified generally to subchapter II ( 703 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 710 of this title and Tables.
1978 -- Pub. L. 95-616 substituted in last sentence ''contrary to
this subchapter shall, when seized, be disposed of by the Secretary in
accordance with law'' for ''contrary to such Acts shall, when seized, be
disposed of as provided by the Migratory Bird Treaty Act, or Acts
aforesaid''.
''United States magistrate judges'' and ''magistrate judges''
substituted for ''United States magistrates'' and ''magistrates'',
respectively, in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ''magistrates'' substituted in text for
''commissioners'' pursuant to Pub. L. 90-578. See chapter 43 ( 631 et
seq.) of Title 28.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 718a of this title.
16 USC 718g. Penalties
TITLE 16 -- CONSERVATION
Any person who shall violate any provision of this subchapter, or who
shall violate or fail to comply with any regulation made pursuant
thereto shall be subject to the penalties provided in section 707 of
this title.
(Mar. 16, 1934, ch. 71, 7, 48 Stat. 452.)
16 USC 718h. Cooperation with States and Territories
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to cooperate with the
several States and Territories in the enforcement of the provisions of
this subchapter.
(Mar. 16, 1934, ch. 71, 8, 48 Stat. 452; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 718a of this title.
16 USC 718i. Repealed. July 30, 1956, ch. 782, 3(c), 70 Stat. 722
TITLE 16 -- CONSERVATION
Section, act June 28, 1941, ch. 259, 1, 55 Stat. 356, related to
disposal of surplus stamps and restricted use of stamps to the fiscal
year for which issued. See sections 718b and 718b-1 of this title.
16 USC 718j. Crediting of funds received as fees for entering
migratory-bird hunting and conservation stamp contest
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, moneys received by the
United States Fish and Wildlife Service in the form of fees for entering
the migratory-bird hunting and conservation stamp contest shall be
credited first to the appropriation account from which expenditures for
the administration of such contest are made, and second, to the extent
such moneys exceed the expenditures for administration of the contest,
to the migratory-bird conservation fund.
(Mar. 16, 1934, ch. 71, 10, as added Oct. 14, 1982, Pub. L. 97-307,
96 Stat. 1450.)
16 USC CHAPTER 8 -- UPPER MISSISSIPPI RIVER WILD LIFE AND FISH REFUGE
TITLE 16 -- CONSERVATION
Sec.
721. Short title; ''person'' defined.
722. Acquisition of lands and water.
723. Purposes of refuge; regulations by Secretary of the Interior.
724. Consent of States to acquisition; existing rights-of-way,
easements, etc.
725. Regulations, etc., by Secretary of the Interior.
726. Acts prohibited in refuge; commercial fishing.
727. Powers of employees of Department of the Interior.
(a) Arrest; execution of warrants; searches.
(b) Seizures.
(c) Reports of seizures; forfeiture and libel proceedings.
728. Expenditures.
729. Price per acre.
730. Violations of law or regulations; punishment.
731. Effect on other laws.
16 USC 721. Short title; ''person'' defined
TITLE 16 -- CONSERVATION
This chapter may be cited as ''The Upper Mississippi River Wild Life
and Fish Refuge Act.'' The term ''person'' as used therein includes an
individual, partnership, association, or corporation.
(June 7, 1924, ch. 346, 1, 12, 43 Stat. 650, 652.)
Section is a combination provision, the first sentence being derived
from section 1 and the last from section 12, of act June 7, 1924.
16 USC 722. Acquisition of lands and water
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire, by purchase,
gift, or lease, such areas of land, or of land and water, situated
between Rock Island, Illinois, and Wabasha, Minnesota, on either side of
or upon islands in the Mississippi River which are not used for
agricultural purposes, as he determines suitable for the purposes of
this chapter, and any such area when acquired shall become a part of the
Upper Mississippi River Wild Life and Fish Refuge (referred to in this
chapter as the ''refuge'').
(June 7, 1924, ch. 346, 2, 3, 43 Stat. 650; June 18, 1934, ch.
602, 48 Stat. 1015; 1939 Reorg. Plan No. II, 4(f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433.)
Section is a combination provision, the latter portion beginning with
the words ''and any such area,'' being from section 3, and the remainder
of the section from section 2 of act June 7, 1924.
1934 -- Act June 18, 1934, struck out ''which are subject to overflow
by such river'' after ''Mississippi River''.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
Act June 13, 1944, ch. 243, 58 Stat. 274, provided for the
acquisition of certain tracts of land situated in Wabasha County,
Minnesota.
16 USC 723. Purposes of refuge; regulations by Secretary of the
Interior
TITLE 16 -- CONSERVATION
The refuge shall be established and maintained (a) as a refuge and
breeding place for migratory birds included in the terms of the
convention between the United States and Great Britain for the
protection of migratory birds, concluded August 16, 1916, and (b) to
such extent as the Secretary of the Interior may by regulations
prescribe, as a refuge and breeding place for other wild birds, game
animals, fur-bearing animals, and for the conservation of wild flowers
and aquatic plants, and (c) to such extent as the Secretary of the
Interior may by regulations prescribe as a refuge and breeding place for
fish and other aquatic animal life.
(June 7, 1924, ch. 346, 3, 43 Stat. 650; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and Bureau
of Biological Survey into one agency in Department of the Interior to be
known as Fish and Wildlife Service.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce and its
functions to Department of the Interior; transferred functions of
Secretary of Commerce relating to protection of fur-bearing animals to
Secretary of the Interior; and transferred functions of Secretary of
Agriculture relating to conservation of wildlife, game, and migratory
birds to Secretary of the Interior.
16 USC 724. Consent of States to acquisition; existing rights-of-way,
easements, etc.
TITLE 16 -- CONSERVATION
(a) No such area shall be acquired by the Secretary of the Interior
until the legislature of each State in which is situated any part of the
areas to be acquired under this chapter has consented to the acquisition
of such part by the United States for the purposes of this chapter, and,
except in the case of a lease, no payment shall be made by the United
States for any such area until title thereto is satisfactory to the
Attorney General and is vested in the United States.
(b) The existence of a right of way, easement, or other reservation
or exception in respect of such area shall not be a bar to its
acquisition (1) if the Secretary of the Interior determines that any
such reservation or exception will in no manner interfere with the use
of the area for the purposes of this chapter, or (2) if in the deed or
other conveyance it is stipulated that any reservation or exception in
respect of such area, in favor of the person from whom the United States
receives title, shall be subject to regulations prescribed under
authority of this chapter.
(June 7, 1924, ch. 346, 4, 43 Stat. 650; 1939 Reorg. Plan No. II,
4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 723 of this title.
16 USC 725. Regulations, etc., by Secretary of the Interior
TITLE 16 -- CONSERVATION
Except where it is specifically provided otherwise, the Secretary of
the Interior shall prescribe such regulations, exercise such functions,
and perform such duties as may be necessary to carry out the purposes of
this chapter.
(June 7, 1924, ch. 346, 5, 43 Stat. 651; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with approval to cross national
wildlife refuges under this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,
102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective
July 1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees. Office of Federal Inspector for the Alaska
Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Transfer of functions of Secretary of Agriculture and Secretary of
Commerce to Secretary of the Interior by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section 723 of this title.
16 USC 726. Acts prohibited in refuge; commercial fishing
TITLE 16 -- CONSERVATION
No person shall, except in accordance with regulations prescribed by
the Secretary of the Interior in respect of wild birds, game animals,
fur-bearing animals, wild flowers, and aquatic plants, or in respect of
fish and other aquatic-animal life --
(a) Enter the refuge for any purpose; or
(b) Disturb, injure, kill, or remove, or attempt to disturb, injure,
kill, or remove any wild bird, game animal, fur-bearing animal, fish, or
other aquatic-animal life, on the refuge; or
(c) Remove from the refuge, or injure or destroy thereon any flower,
plant, tree, or other natural growth, or the nest or egg of any wild
bird; or
(d) Injure or destroy any notice, sign board, fence, building, or
other property of the United States thereon.
Commercial fishing may, however, be conducted in the waters of this
refuge under regulation by the Secretary of the Interior.
(June 7, 1924, ch. 346, 6, 7, 43 Stat. 651; 1939 Reorg. Plan No.
II, 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Section is a combination of sections 6 and 7 of act June 7, 1924, the
last sentence only being from section 7.
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior under this chapter to Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see Transfer of Functions note set out under section 725 of this title.
Transfer of functions of Secretary of Agriculture and Secretary of
Commerce to Secretary of the Interior by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section 723 of this title.
16 USC 727. Powers of employees of Department of the Interior
TITLE 16 -- CONSERVATION
(a) Arrest; execution of warrants; searches
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this chapter (1)
shall have power, without warrant, to arrest any person committing in
the presence of such employee a violation of this chapter or of any
regulation made pursuant to this chapter, and to take such person
immediately for examination or trial before an officer or court of
competent jurisdiction, (2) shall have power to execute any warrant or
other process issued by an officer or court of competent jurisdiction to
enforce the provisions of this chapter or regulations made pursuant
thereto, and (3) shall have authority, with a search warrant issued by
an officer or court of competent jurisdiction to make a search in
accordance with the terms of such warrant. Any judge of a court
established under the laws of the United States, or any United States
magistrate judge may, within his respective jurisdiction, upon proper
oath or affirmation showing probable cause, issue warrants in all such
cases.
(b) Seizures
All birds, animals, fish, or parts thereof captured, injured, or
killed, and all flowers, plants, trees, and other natural growths, and
nests and eggs of birds removed, and all implements or paraphernalia,
including guns, fishing equipment, and boats used or attempted to be
used contrary to the provisions of this chapter or any regulations made
pursuant thereto, shall, when found by such employee or by any marshal
or deputy marshal, be summarily seized by him and placed in the custody
of such persons as the Secretary of the Interior may by regulation
prescribe.
(c) Reports of seizures; forfeiture and libel proceedings
A report of the seizure shall be made to the United States attorney
for the judicial district in which the seizure is made, for forfeiture
either (1) upon conviction of the offender under section 730 of this
title, or (2) by proceedings by libel in rem. Such libel proceedings
shall conform as near as may be to civil suits in admiralty, except that
either party may demand trial by jury upon any issue of fact when the
value in controversy exceeds $20. In case of a jury trial the verdict
of the jury shall have the same effect as the finding of the court upon
the facts. Libel proceedings shall be at the suit and in the name of
the United States. If such forfeiture proceedings are not instituted
within a reasonable time, the United States attorney shall give notice
thereof, and the custodian shall thereupon release the articles seized.
(June 7, 1924, ch. 346, 8, 43 Stat. 651; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 17,
1968, Pub. L. 90-578, title IV, 402(b)(2), 82 Stat. 1118; Dec. 1,
1990, Pub. L. 101-650, title III, 321, 104 Stat. 5117.)
''United States magistrate judge'' substituted for ''United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure. Previously, ''United States magistrate''
substituted in subsec. (a) for ''United States commissioner'' pursuant
to Pub. L. 90-578. See chapter 43 ( 631 et seq.) of Title 28.
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior under this chapter to Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see Transfer of Functions note set out under section 725 of this title.
Transfer of functions of Secretary of Agriculture and Secretary of
Commerce to Secretary of the Interior by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section 723 of this title.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
16 USC 728. Expenditures
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to make such expenditures
for construction, equipment, maintenance, repairs, and improvements,
including expenditures for personal services at the seat of government
and elsewhere, as may be necessary to execute the functions imposed upon
him by this chapter and as may be provided for by Congress from time to
time.
(June 7, 1924, ch. 346, 9, 43 Stat. 652; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
As originally enacted, this section contained an additional paragraph
which appropriated a sum half of which was to be available, until
expended, for the expenditures mentioned herein.
Transfer of functions of Secretary of Agriculture and Secretary of
Commerce to Secretary of the Interior, by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section 723 of this title.
16 USC 729. Price per acre
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall not pay for any land or land and
water a price which shall exceed an average cost of $10 per acre:
Provided, That this provision shall not apply to any land or land and
water prior to May 12, 1928, acquired or contracted for under the
provisions of this chapter.
(June 7, 1924, ch. 346, 10, 43 Stat. 652; Mar. 4, 1925, ch. 558, 43
Stat. 1354; May 12, 1928, ch. 534, 45 Stat. 502; 1939 Reorg. Plan No.
II, 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Provisions of this section, which authorized an appropriation of
$1,500,000 for the acquisition of authorized areas and for all necessary
expenses thereto, were omitted. The text set out above constituted the
first and second provisos to the omitted provisions.
1928 -- Act May 12, 1928, substituted ''which shall exceed an average
cost of $10 per acre'' for ''which when added to the price of land or
land and water theretofore purchased, shall exceed an average cost of $5
per acre'', and inserted proviso making the provision of this section
inapplicable to any land or land and water prior to May 12, 1928.
1925 -- Act Mar. 4, 1925, substituted proviso for restriction on
availability of money for acquisition of areas.
Transfer of functions of Secretary of Agriculture to Secretary of the
Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note
set out under section 723 of this title.
16 USC 730. Violations of law or regulations; punishment
TITLE 16 -- CONSERVATION
Any person who shall violate or fail to comply with any provision of
or any regulation made pursuant to this chapter shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined not more
than $500 or be imprisoned not more than six months, or both.
(June 7, 1924, ch. 346, 11, 43 Stat. 652.)
16 USC 731. Effect on other laws
TITLE 16 -- CONSERVATION
Nothing in this chapter shall be construed as exempting any portion
of the Mississippi River from the provisions of Federal laws for the
improvement, preservation, and protection of navigable waters, nor as
authorizing any interference with the operations of the Department of
the Army in carrying out any project now or hereafter adopted for the
improvement of said river.
(June 7, 1924, ch. 346, 13, 43 Stat. 652; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
16 USC CHAPTER 9 -- FISH AND WILDLIFE SERVICE
TITLE 16 -- CONSERVATION
Sec.
741, 742. Repealed or Omitted.
742a. Declaration of policy.
742b. United States Fish and Wildlife Service.
(a) Assistant Secretary for Fish and Wildlife.
(b) Establishment; Director of United States Fish and Wildlife
Service; appointment; qualifications.
(c) Succession to United States Fish and Wildlife Service and Bureau
of Sport Fisheries and Wildlife.
(d) Functions and responsibilities of Secretary of the Interior.
742c. Loans for financing or refinancing of cost of purchasing,
constructing, equipping, maintaining, repairing, or operating commercial
fishing vessels or gear.
(a) Authorization.
(b) Conditions.
(c) Fisheries loan fund; interest payments on appropriations
available as capital to fund less average undispersed cash balance.
(d) Modification of loan contract.
(e) Chartering vessels; loans to Alaskan earthquake victims;
termination date.
742c-1. Investment in obligations of the United States; proceeds to
be used for fisheries.
742d. Investigations; preparation and dissemination of information;
reports.
742d-1. Studies of effects in use of chemicals.
742e. Transfer of functions to Secretary.
(a) Functions of Secretaries of Agriculture, Commerce, etc.
(b) Transfer of personnel, property, records, etc.
(c) Cooperation of other departments and agencies.
742f. Powers of Secretaries of the Interior and Commerce.
(a) Policies, procedures, and recommendations.
(b) Gifts, devises, or bequests for performance of activities and
services of United States Fish and Wildlife Service; restrictive or
affirmative covenants or conditions of servitude; separate account in
Treasury; disbursement orders; gifts or bequests to United States for
Federal tax purposes.
(c) Volunteer services; incidental expenses; Federal employee
status; authorization of appropriations.
742g. Cooperation with State Department.
(a) Representation at international meetings.
(b) Consultation with officials responsible for technical and
economic aid.
(c) International negotiations.
(d) Consultation with governmental, private nonprofit, and other
organizations.
742h. Reports on fishery products.
742i. Effect on rights of States and international commissions.
742j. Authorization of appropriations.
742j-1. Airborne hunting.
(a) Prohibition; penalty.
(b) Exception; report of State to Secretary.
(c) ''Aircraft'' defined.
(d) Enforcement; regulations; arrest; search; issuance and
execution of warrants and process; cooperative agreements.
(e) Forfeiture.
(f) Certain customs laws applied.
742j-2. Uniform allowance.
742k. Management and disposition of vessels and other property
acquired and arising out of fishery loans or related type of activities.
742l. Enforcement authority for the protection of fish and wildlife
resources.
(a) Law enforcement training program.
(b) Law enforcement cooperative agreement.
(c) Disposal of abandoned or forfeited property.
(d) Disclaimer.
(e) to (j) Omitted.
(k) Law enforcement operations.
742m. Relinquishment of exclusive legislative jurisdiction.
743. Repealed.
743a. Detail of personnel and loan of equipment to Director of
Bureau of Sport Fisheries and Wildlife.
(a) ''Agency'' defined.
(b) Personnel and equipment available.
(c) Reports to Congress.
744. Investigations; fish propagation; investigations of damages
by predacious fishes; executive assistance.
745. Powers of Secretary.
746. Vessels of Fish and Wildlife Service.
747. Omitted.
748. Expenditure of appropriations for propagation of food fishes.
749. Omitted.
750. Station on Mississippi River for rescue of fishes and
propagation of mussels.
751. Personnel.
752. Omitted.
753. Cooperative work.
753a. Cooperative research and training programs for fish and
wildlife resources.
753b. Authorization of appropriations.
754. Commutation of rations for officers and crews of vessels of
Service.
754a. Appropriations for United States Fish and Wildlife Service;
purchases from.
National Fish and Wildlife Foundation, activities relating to gifts
of property in connection with the Fish and Wildlife Service, see
section 3701 et seq. of this title.
16 USC 741. Repealed. Pub. L. 88-488, title IV, 402(a)(3), Aug. 19,
1964, 78 Stat. 492
TITLE 16 -- CONSERVATION
Section, R.S. 4395; acts Jan. 20, 1888, ch. 1, 25 Stat. 1; Feb.
27, 1925, ch. 364, 43 Stat. 1046, related to appointment, etc. of a
Commissioner of Fisheries.
16 USC 742. Omitted
TITLE 16 -- CONSERVATION
Section, acts Mar. 4, 1911, ch. 285, 1, 36 Stat. 1436; Mar. 4,
1913, ch. 141, 1, 37 Stat. 736, provided for an acting Commissioner
of Fisheries.
Reorg. Plan No. II of 1939, 4(e), (f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433, set out in the Appendix to Title 5, transferred
Bureau of Fisheries in Department of Commerce and its functions, and
Bureau of Biological Survey in Department of Agriculture and its
functions, to Department of the Interior, to be administered under
direction and supervision of Secretary of the Interior.
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and Bureau
of Biological Survey into one agency in Department of the Interior to be
known as the Fish and Wildlife Service. It was further provided that
functions of consolidated agency should be administered under direction
and supervision of Secretary of the Interior by a director and
assistants, and that offices of Commissioner and Deputy Commissioner of
Fisheries and offices of Chief and Associate Chief of Bureau of
Biological Survey should be abolished and their functions transferred to
consolidated agency.
The Fish and Wildlife Service, created by Reorg. Plan No. III of
1940 was succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, 3, 70 Stat. 1119. See
section 742b of this title.
Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 12305, provided in part:
By virtue of and pursuant to the authority vested in me as President
of the United States, it is hereby ordered that the Secretary of State
and the Secretary of the Interior shall from time to time jointly
recommend the establishment by Executive orders of fishery conservation
zones in areas of the high seas contiguous to the coasts of the United
States, pursuant to the proclamation entitled ''Policy of the United
States With Respect to Coastal Fisheries in Certain Areas of the High
Seas'' (Proc. No. 2668, Sept. 28, 1945, 10 F.R. 12304), this day signed
by me, and said Secretaries shall in each case recommend provisions to
be incorporated in such orders relating to the administration,
regulation and control of the fishery resources of and fishing
activities in such zones, pursuant to authority of law heretofore or
hereafter provided.
16 USC 742a. Declaration of policy
TITLE 16 -- CONSERVATION
The Congress declares that the fish, shellfish, and wildlife
resources of the Nation make a material contribution to our national
economy and food supply, as well as a material contribution to the
health, recreation, and well-being of our citizens; that such resources
are a living, renewable form of national wealth that is capable of being
maintained and greatly increased with proper management, but equally
capable of destruction if neglected or unwisely exploited; that such
resources afford outdoor recreation throughout the Nation and provide
employment, directly or indirectly, to a substantial number of citizens;
that the fishing industries strengthen the defense of the United States
through the provision of a trained seafaring citizenry and action-ready
fleets of seaworthy vessels; that the training and sport afforded by
fish and wildlife resources strengthen the national defense by
contributing to the general health and physical fitness of millions of
citizens; and that properly developed, such fish and wildlife resources
are capable of steadily increasing these valuable contributions to the
life of the Nation.
The Congress further declares that the fishing industry, in its
several branches, can prosper and thus fulfill its proper function in
national life only if certain fundamental needs are satisfied by means
that are consistent with the public interest and in accord with
constitutional functions of governments. Among these needs are:
(1) Freedom of enterprise -- freedom to develop new areas, methods,
products, and markets in accordance with sound economic principles, as
well as freedom from unnecessary administrative or legal restrictions
that unreasonably conflict with or ignore economic needs;
(2) Protection of opportunity -- maintenance of an economic
atmosphere in which domestic production and processing can prosper;
protection from subsidized competing products; protection of
opportunity to fish on the high seas in accordance with international
law;
(3) Assistance -- assistance consistent with that provided by the
Government for industry generally, such as is involved in promoting good
industrial relations, fair trade standards, harmonious labor relations,
better health standards and sanitation; and including, but not limited
to --
(a) services to provide current information on production and trade,
market promotion and development, and an extension service,
(b) research services for economic and technologic development and
resource conservation, and
(c) resource management to assure the maximum sustainable production
for the fisheries.
The Congress further declares that the provisions of this Act are
necessary in order to accomplish the objective of proper resource
development, and that this Act shall be administered with due regard to
the inherent right of every citizen and resident of the United States to
engage in fishing for his own pleasure, enjoyment, and betterment, and
with the intent of maintaining and increasing the public opportunities
for recreational use of our fish and wildlife resources, and stimulating
the development of a strong, prosperous, and thriving fishery and fish
processing industry.
(Aug. 8, 1956, ch. 1036, 2, 70 Stat. 1119.)
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70
Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,
which is classified generally to sections 742a to 742d and 742e to
742j-2 of this title. For complete classification of this Act to the
Code, see Short Title note below and Tables.
Pub. L. 95-616, 1, Nov. 8, 1978, 92 Stat. 3110, provided: ''That
this Act (enacting sections 695j-1, 712, 742l of this title and amending
sections 460k-3, 666g, 668a, 668dd, 690e, 695i, 706, 715d, 715i, 715j,
718b, 718c, 718f, 742f, 753a of this title and sections 1114, 3112 of
Title 18, Crimes and Criminal Procedure) may be cited as the 'Fish and
Wildlife Improvement Act of 1978'.''
Section 1 of act Aug. 8, 1956, provided: ''This Act (enacting this
section and sections 742b to 742d and 742e to 742j of this title and
amending section 713c-3 of Title 15, Commerce and Trade) may be cited as
the 'Fish and Wildlife Act of 1956'.''
16 USC 742b. United States Fish and Wildlife Service
TITLE 16 -- CONSERVATION
(a) Assistant Secretary for Fish and Wildlife
There is established within the Department of the Interior the
position of Assistant Secretary for Fish and Wildlife. Such Assistant
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate, and shall be compensated at the same rate as
other Assistant Secretaries.
(b) Establishment; Director of United States Fish and Wildlife
Service; appointment; qualifications
There is established within the Department of the Interior the United
States Fish and Wildlife Service. The functions of the United States
Fish and Wildlife Service shall be administered under the supervision of
the Director, who shall be subject to the supervision of the Assistant
Secretary for Fish and Wildlife. The Director of the United States Fish
and Wildlife Service shall be appointed by the President, by and with
the advice and consent of the Senate. No individual may be appointed as
the Director unless he is, by reason of scientific education and
experience, knowledgeable in the principles of fisheries and wildlife
management.
(c) Succession to United States Fish and Wildlife Service and Bureau
of Sport Fisheries and Wildlife
The United States Fish and Wildlife Service established by subsection
(b) of this section shall succeed to and replace the United States Fish
and Wildlife Service (as constituted on June 30, 1974) and the Bureau of
Sport Fisheries and Wildlife (as constituted on such date). All laws
and regulations in effect on June 30, 1974, which relate to matters
administered by the Department of the Interior through the United States
Fish and Wildlife Service (as constituted on such date) and the Bureau
of Sport Fisheries and Wildlife (as constituted on such date) shall
remain in effect.
(d) Functions and responsibilities of Secretary of the Interior
All functions and responsibilities placed in the Department of the
Interior or any official thereof by this Act shall be included among the
functions and responsibilities of the Secretary of the Interior, as the
head of the Department, and shall be carried out under his direction
pursuant to such procedures or delegations of authority as he may deem
advisable and in the public interest.
(Aug. 8, 1956, ch. 1036, 3, 70 Stat. 1120; Oct. 4, 1961, Pub. L.
87-367, title I, 103(14), 75 Stat. 788; Oct. 11, 1962, Pub. L.
87-793, 607(a)(5), 76 Stat. 849; Apr. 22, 1974, Pub. L. 93-271, 1, 88
Stat. 92.)
This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch.
1036, 70 Stat. 1119, as amended, known as the Fish and Wildlife Act of
1956, which is classified generally to sections 742a to 742d and 742e to
742j-2 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 742a of this title and
Tables.
1974 -- Subsec. (a). Pub. L. 93-271, 1(1), (2), struck out
provisions relating to the establishment of the position of and the
appointment of the Commissioner of Fish and Wildlife. Provisions for
the establishment of the United States Fish and Wildlife Service within
the Department of the Interior, consisting of the Bureau of Commercial
Fisheries and the Bureau of Sport Fisheries and Wildlife, the
appointment of a Director for each of the Bureaus, and the succession of
the United States Fish and Wildlife Service to the Fish and Wildlife
Service of the Department, were also struck out.
Subsec. (b). Pub. L. 93-271, 1(3), substituted provisions for the
establishment of the United States Fish and Wildlife Service within the
Department of the Interior, for its administration by a Director subject
to the supervision of the Assistant Secretary for Fish and Wildlife, the
qualifications for and the appointment of the Director, for provisions
relating to the administration of the United States Fish and Wildlife
Service by the Commissioner of Fish and Wildlife subject to the
supervision of the Assistant Secretary for Fish and Wildlife.
Subsecs. (c), (d). Pub. L. 93-271, 1(3), added subsec. (c) and
redesignated former subsec. (c) as (d). Former subsec. (d), relating
to the distribution of functions, powers, and duties of former Fish and
Wildlife Service, was struck out.
Subsec. (e). Pub. L. 93-271, 1(3), struck out subsec. (e) which
related to continuation of all laws, rules, and regulations administered
by the Fish and Wildlife Service.
Subsec. (f). Pub. L. 93-271, 1(3), struck out subsec. (f) which
provided for administrative authority in the Secretary of the Interior
to carry out the provisions of Act Aug. 8, 1956, and for effective
procedure for reorganization.
1962 -- Subsec. (a). Pub. L. 87-793 struck out provisions which
authorized the Commissioner to receive compensation at the same rate as
that provided for grade GS-18.
1961 -- Subsec. (a). Pub. L. 87-367 struck out ''at Grades GS-17
each'' after ''by the Secretary''.
Section 3 of Pub. L. 93-271 provided that: ''The amendments made by
this Act amending this section and section 5316 of Title 5, Government
Organization and Employees) shall take effect on July 1, 1974.''
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 610 of Pub.
L. 87-793.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in the
Interior Department and Office of Director of such Bureau; transfers of
functions, including functions formerly vested by law in Secretary of
the Interior or the Interior Department which were administered through
Bureau of Commercial Fisheries or were primarily related to such Bureau,
exclusive of certain enumerated functions with respect to Great Lakes
fishery research, Missouri River Reservoir research, Gulf Breeze
Biological Laboratory, and Trans-Alaska pipeline investigations; and
transfer of marine sport fish program of Bureau of Sport Fisheries and
Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 742c. Loans for financing or refinancing of cost of purchasing,
constructing, equipping, maintaining, repairing, or operating commercial
fishing vessels or gear
TITLE 16 -- CONSERVATION
(a) Authorization
The Secretary of the Interior is authorized, under such rules and
regulations and under such terms and conditions as he may prescribe, to
make loans for financing or refinancing of the cost of purchasing,
constructing, equipping, maintaining, repairing, or operating new or
used commercial fishing vessels or gear.
(b) Conditions
Any loans made under the provisions of this section shall be subject
to the following restrictions:
(1) Bear an interest rate of not less than (a) a rate determined by
the Secretary of the Treasury, taking into consideration the average
market yield on outstanding Treasury obligations of comparable maturity,
plus (b) such additional charge, if any, toward covering other costs of
the program as the Secretary may determine to be consistent with its
purpose.
(2) Mature in not more than ten years, except that where a loan is
for all or part of the costs of constructing a new fishing vessel, such
period may be fourteen years.
(3) No financial assistance shall be extended pursuant to this
section unless reasonable financial assistance applied for is not
otherwise available on reasonable terms.
(4) Loans shall be approved only upon the furnishing of such security
or other reasonable assurance of repayment as the Secretary may require
considering the objectives of this section which are to upgrade
commercial fishing vessels and gear and to provide reasonable financial
assistance not otherwise available to commercial fishermen. The
proposed collateral for a loan must be of such a nature that, when
considered with the integrity and ability of the management, and the
applicant's past and prospective earnings, repayment of the loan will be
reasonably assured.
(5) The applicant shall possess the ability, experience, resources,
and other qualifications necessary to enable him to operate and maintain
new or used commercial fishing vessels or gear.
(6) Before the Secretary approves a loan for the purchase or
construction of a new or used vessel which will not replace an existing
commercial fishing vessel, he shall determine that the applicant's
contemplated operation of such vessel in a fishery will not cause
economic hardship or injury to the efficient vessel operators already
operating in that fishery.
(7) An applicant for a fishery loan must be a citizen or national of
the United States.
(8) Within the meaning of this section, a corporation, partnership,
or association shall not be deemed to be a citizen of the United States
unless the Secretary determines that it satisfactorily meets all of the
requirements set forth in section 802 of title 46, Appendix, for
determining the United States citizenship of a corporation, partnership,
or association operating a vessel in the coastwise trade.
(9)(A) The nationality of an applicant shall be established to the
satisfaction of the Secretary. Within the meaning of this section, no
corporation, partnership, or association organized under the laws of
American Samoa shall be deemed a national of the United States unless 75
per centum of the interest therein is owned by nationals of the United
States, citizens of the United States, or both, and in the case of a
corporation, unless its president or other chief executive officer and
the chairman of its board are nationals or citizens of the United States
and unless no more of its directors than a minority of the number
necessary to constitute a quorum are nonnationals and noncitizens.
(B) Seventy-five per centum of the interest in a corporation shall
not be deemed to be owned by nationals of the United States, citizens of
the United States, or both, (i) if the title to 75 per centum of its
stock is not vested in such nationals and citizens free from any trust
or fiduciary obligation in favor of any person not a national or citizen
of the United States; or (ii) if 75 per centum of the voting power in
such corporation is not vested in nationals of the United States,
citizens of the United States, or both; or (iii) if through any
contract or understanding it is so arranged that more than 25 per centum
of the voting power may be exercised, directly or indirectly, in behalf
of any person who is not a national or citizen of the United States; or
(iv) if by any other means whatsoever control of any interest in the
corporation in excess of 25 per centum is conferred upon or permitted to
be exercised by any person who is not a national or citizen of the
United States.
(c) Fisheries loan fund; interest payments on appropriations
available as capital to the fund less average undispersed cash balance
There is created a fisheries loan fund, which shall be used by the
Secretary as a revolving fund to make loans for financing and
refinancing under this section. Any funds received by the Secretary on
or before September 30, 1986, in payment of principal or interest on any
loans so made shall be deposited in the fund and be available for making
additional loans under this section. Any funds received in the
fisheries loan fund after September 30, 1986, shall be covered into the
Treasury as miscellaneous receipts. There is authorized to be
appropriated to the fisheries loan fund the sum of $20,000,000 to
provide initial capital.
(d) Modification of loan contract
The Secretary, subject to the specific limitations in this section,
may consent to the modification, with respect to the rate of interest,
time of payment of any installment of principal, or security, of any
loan contract to which he is a party.
(e) Chartering vessels; loans to Alaskan earthquake victims;
termination date
The Secretary is authorized under such terms and conditions and
pursuant to regulations prescribed by him to use the funds appropriated
under this section to make loans to commercial fishermen for the purpose
of chartering fishing vessels pending the construction or repair of
vessels lost, destroyed, or damaged by the earthquake of March 27, 1964,
and subsequent tidal waves related thereto: Provided, That any loans
made under this subsection shall only be repaid from the net profits of
the operations of such chartered vessels, which profits shall be reduced
by such reasonable amount as determined by the Secretary for the salary
of the fishermen chartering such vessels. The funds authorized herein
shall not be available for such loans after June 30, 1966.
(Aug. 8, 1956, ch. 1036, 4, 70 Stat. 1121; Sept. 2, 1958, Pub. L.
85-888, 72 Stat. 1710; May 20, 1964, Pub. L. 88-309, 9, 78 Stat. 199;
July 24, 1965, Pub. L. 89-85, 1-4, 79 Stat. 262; June 12, 1970, Pub.
L. 91-279, 9, 84 Stat. 309; Aug. 24, 1970, Pub. L. 91-387, 1, 2, 84
Stat. 829; Apr. 21, 1976, Pub. L. 94-273, 2(8), 90 Stat. 375; Oct.
21, 1980, Pub. L. 96-478, 16(a), 94 Stat. 2303; Oct. 18, 1982, Pub. L.
97-347, 1, 96 Stat. 1652; July 12, 1983, Pub. L. 98-44, title I,
103(a)(1), 97 Stat. 216; Oct. 19, 1984, Pub. L. 98-498, title IV,
430(1), 98 Stat. 2310; Nov. 14, 1986, Pub. L. 99-659, title IV, 409,
100 Stat. 3740.)
1986 -- Subsec. (c). Pub. L. 99-659 amended third sentence
generally, striking out ''and any balance remaining therein at the close
of September 30, 1986 (at which time the fund shall cease to exist),''
after ''1986,''.
1984 -- Subsec. (c). Pub. L. 98-498 substituted ''September 30,
1986'' for ''September 30, 1984'' wherever appearing.
1983 -- Subsec. (c). Pub. L. 98-44 substituted ''September 30,
1984'' for ''September 30, 1983'' wherever appearing.
1982 -- Subsec. (c). Pub. L. 97-347 substituted ''September 30,
1983'' for ''September 30, 1982'' wherever appearing.
1980 -- Subsec. (c). Pub. L. 96-478 substituted ''September 30,
1982'' for ''September 30, 1980'' wherever appearing and struck out
interest payment provisions respecting, payment at close of each fiscal
year from fisheries loan fund into miscellaneous receipts of the
Treasury on cumulative amount of appropriations available as capital to
the fund from and after July 1, 1965, less average undispersed balance
in the fund during the year, determination of interest rate on basis of
average market yield during month preceding each fiscal year on
outstanding Treasury obligations of maturity comparable to average
maturity of loans made from the fund, and interest payment deferrals
approved by the Secretary of the Treasury subject to interest on
deferred amounts.
1976 -- Subsec. (c). Pub. L. 94-273 substituted ''September'' for
''June'' wherever appearing.
1970 -- Subsec. (b)(2). Pub. L. 91-279 provided maturity period of
fourteen years for loans for all or part of costs of constructing new
fishing vessels.
Subsec. (b)(7). Pub. L. 91-387, 2, permitted a national of the
United States to be an applicant for a fishery loan.
Subsec. (b)(8). Pub. L. 91-387, 2, substituted provision for
Secretary's determination of United States citizenship of a corporation,
partnership, or association by satisfactorily meeting all requirements
set forth in section 802 of title 46 for determination of citizenship of
such entity operating a vessel in coastwise trade, for prior provision
for establishment of such citizenship within meaning of section 802 of
title 46 to satisfaction of the Secretary.
Subsec. (b)(9). Pub. L. 91-387, 2, added par. (9).
Subsec. (c). Pub. L. 91-387, 1, extended term for making fisheries
loans, substituting ''June 30, 1980'' for ''June 30, 1970'' wherever
appearing.
1965 -- Subsec. (a). Pub. L. 89-85, 1, substituted ''financing or
refinancing of the cost of purchasing, constructing, equipping,
maintaining, repairing, or operating new or used commercial fishing
vessels or gear'' for ''financing and refinancing of operations,
maintenance, replacement, repair, and equipment of fishing gear and
vessels'' and struck out provision for research into basic problems of
fisheries.
Subsec. (b). Pub. L. 89-85, 2, 3, substituted in par. (1)
provision respecting determination of interest rate taking into
consideration average market yield on outstanding Treasury obligations
of comparable maturity plus additional charge toward coverage of other
costs of program for former provision prescribing an interest rate of
not less than 3 per centum per annum and added pars. (4) to (8),
respectively.
Subsec. (c). Pub. L. 89-85, 4, extended term for making fisheries
loans from June 30, 1965, to June 30, 1970, required Secretary to pay at
end of each fiscal year into miscellaneous receipts of the Treasury
interest on cumulative amount of appropriations available as capital to
fund after July 1, 1965, less average undispersed cash balance in fund
during the year, provided formula for determination of rate of interest,
and authorized deferral of interest payments but with payment of
interest on deferred payments.
1964 -- Subsec. (e). Pub. L. 88-309 added subsec. (e).
1958 -- Subsec. (c). Pub. L. 85-888 increased authorization for
$10,000,000 to $20,000,000.
Section 16(b) of Pub. L. 96-478 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
September 1, 1980.''
Available for Loans From July 1, 1970 to Close of June
30, 1980
Section 3 of Pub. L. 91-387 provided that: ''The provisions of this
Act (amending this section) shall be effective July 1, 1970.
Notwithstanding the provisions of section 4(c) of the Fish and Wildlife
Act of 1956, as amended (subsec. (c) of this section), any balance
remaining in the fisheries loan fund at the close of June 30, 1970,
shall be available to make loans for the purposes of section 4 of said
Act (this section) from July 1, 1970, to the close of June 30, 1980.''
Availability for Loans
Section 5 of Pub. L. 89-85 provided that: ''The provisions of this
Act (amending this section) shall be effective July 1, 1965.
Notwithstanding the provisions of section 4(c) of the Fish and Wildlife
Act of 1956, as amended (subsec. (c) of this section), any balance
remaining in the fisheries loan fund at the close of June 30, 1965,
shall be available to make loans for the purposes of section 4 of said
Act (this section) from July 1, 1965, to the close of June 30, 1970.''
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
Pub. L. 96-561, title II, 221, Dec. 22, 1980, 94 Stat. 3295, as
amended by Pub. L. 98-44, title I, 103(b), July 12, 1983, 97 Stat.
216; Pub. L. 98-498, title IV, 431, Oct. 19, 1984, 98 Stat. 2310,
provided that:
''(a) Loan Authority. -- During the period beginning on the date of
the enactment of this title (Dec. 22, 1980) and ending at the close of
September 30, 1986, the Secretary of Commerce (hereinafter in this
section referred to as the 'Secretary') may make loans from the
fisheries loan fund established under subsection (c) of section 4 of the
Fish and Wildlife Act of 1956 (16 U.S.C. 742c) only for the purposes set
forth in subsections (b) and (c) of this section. Except to the extent
that they are inconsistent with, or contrary to, this section, the
provisions of such section 4 shall apply with respect to loans made for
such purposes.
''(b) Loans To Avoid Default on Obligations Covering Fishing Vessels.
-- (1) The Secretary may make loans for the purpose of assisting
obligors to avoid default on obligations that are issued with respect to
the construction, reconstruction, reconditioning or purchase of fishing
vessels and that --
''(A) are guaranteed by the United States under title XI of the
Merchant Marine Act, 1936 (46 U.S.C. 1271-1280, relating to Federal ship
mortgage insurance); or
''(B) are not guaranteed under such title XI, but the fishing vessels
concerned meet the use and documentation requirements, and the obligors
meet the citizenship requirements, that would apply if the obligations
were guaranteed under that title.
''(2)(A) Within the 30-day period beginning on the date of the
enactment of this title (Dec. 22, 1980) in the case of fiscal year 1981,
and before the beginning of each of fiscal years 1982, 1983, 1984, 1985,
and 1986, the Secretary shall estimate the number, and the aggregate
amount, of loans described in paragraph (1)(A) for which application
will likely be made during each of such fiscal years and shall reserve
that amount in the fisheries loan fund for the purpose of making such
loans during such year (or if such amount is larger than the fund
balance, the Secretary shall reserve the whole fund for such purpose).
''(B) If any moneys are available in the fisheries loan fund for each
such fiscal year after subparagraph (A) is complied with for that year,
the Secretary shall use such moneys for the purpose of making loans
described in paragraph (1)(B) during that year.
''(C) At an appropriate time during each of fiscal years 1981, 1982,
1983, 1984, 1985, and 1986, the Secretary shall compare the actual loan
experience during that year with the estimate made for that year under
subparagraph (A) and if the Secretary determines, on the basis of such
comparison, that the demand for loans described in paragraph (1)(A) will
be less than estimated, the Secretary shall, for the fiscal year
concerned, apply moneys reserved for such loans for the purpose of
making loans described in paragraph (1)(B) and, to the extent not
utilized for loans described in paragraph (1)(B), for the purpose of
making loans under subsection (c).
''(3) The Secretary may make loans under this subsection only to
owners or operators who, in the judgment of the Secretary, have
substantial experience and proven ability in the management and
financing of fishing operations, and only if (A) loans for the purpose
described in paragraph (1) are not otherwise available at reasonable
rates which permit continued operations, and (B) the loans are likely to
result in the financial viability of the fishing operations of the
owners or operators. Each such loan shall be subject to such terms and
conditions as the Secretary deems necessary or appropriate to protect
the interests of the United States and to carry out the purpose of this
subsection. In establishing such terms and conditions, the Secretary
shall take into account, among such other factors he deems pertinent,
the extent to which the obligations concerned have been retired, and the
overall financial condition of the obligors. The interest rate on loans
made under the authority of this subsection shall not exceed that rate
determined by the Secretary to be sufficient to cover the costs incurred
in processing and servicing of such loans.
''(c) Loans To Cover Operating Losses. -- (1) If the Secretary
determines that moneys will be available in such fisheries loan fund for
any of fiscal years 1981, 1982, 1983, 1984, 1985, and 1986, after loans
under subsection (b) are provided for for that year, the Secretary may
make loans for the purpose of assisting owners and operators of fishing
vessels to cover vessel operating expenses in cases where an owner or
operator incurs, or may incur, a net operating loss within such fiscal
year.
''(2) Each loan made by the Secretary under this subsection shall be
subject to such terms and conditions as the Secretary deems necessary or
appropriate to protect the interests of the United States and to carry
out the purposes of this subsection. The Secretary may make loans under
this subsection only to owners or operators who, in the judgment of the
Secretary, have substantial experience and proven ability in the
management and financing of fishing operations, and only if (A) loans
for the purpose described in paragraph (1) are not otherwise available
at reasonable rates which permit continued operation, and (B) the loans
are likely to result in the financial viability of the fishing
operations of the owners or operators. The interest rate on loans made
under this subsection shall be the rate prevailing for loans made under
the Emergency Agricultural Credit Act of 1978 (7 U.S.C. preceding 1961
note).''
16 USC 742c-1. Investment in obligations of the United States;
proceeds to be used for fisheries
TITLE 16 -- CONSERVATION
All moneys in the Fisheries Loan Fund established under Section /1/
742c of this title shall be invested by the Secretary of Commerce in
obligations of the United States, except so much as shall be currently
needed for loans or administrative expenses authorized under the
Fisheries Loan Fund. All accrued proceeds from such investment shall
be, subject to amounts provided in advance by appropriations, credited
by the Secretary of the Treasury to the debt of the Secretary of
Commerce incurred under section 1105(d) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1275(d)), as amended, in connection with fisheries
financing under title XI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271 et seq.), as amended, for so long as such debt exists. All
accrued proceeds from such investment, after such debt has been
liquidated, shall be, subject to amounts provided in advance by
appropriations, credited to the fisheries portion of the Federal Ship
Financing Fund established under section 1102 of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1272), as amended, and used for the fisheries
purposes provided in title XI of the Merchant Marine Act, 1936, as
amended.
(Pub. L. 98-498, title IV, 432, Oct. 19, 1984, 98 Stat. 2310.)
The Merchant Marine Act, 1936, referred to in text, is act June 29,
1936, ch. 858, 49 Stat. 1985, as amended. Title XI of the Merchant
Marine Act, 1936, is classified generally to subchapter XI ( 1271 et
seq.) of chapter 27 of Title 46, Appendix, Shipping. For complete
classification of this Act to the Code, see section 1245 of Title 46,
Appendix, and Tables.
/1/ So in original. Probably should not be capitalized.
16 USC 742d. Investigations; preparation and dissemination of
information; reports
TITLE 16 -- CONSERVATION
(a) /1/ The Secretary shall conduct continuing investigations,
prepare and disseminate information, and make periodical reports to the
public, to the President, and to Congress, with respect to the following
matters:
(1) The production and flow to market of fish and fishery products
domestically produced, and also those produced by foreign producers
which affect the domestic fisheries;
(2) The availability and abundance and the biological requirements of
the fish and wildlife resources;
(3) The competitive economic position of the various fish and fishery
products with respect to each other, and with respect to competitive
domestic and foreign-produced commodities;
(4) The collection and dissemination of statistics on commercial and
sport fishing;
(5) The collection and dissemination of statistics on the nature and
availability of wildlife, progress in acquisition of additional refuges
and measures being taken to foster a coordinated program to encourage
and develop wildlife values;
(6) The improvement of production and marketing practices in regard
to commercial species and the conduct of educational and extension
services relative to commercial and sport fishing, and wildlife matters;
(7) Any other matters which in the judgment of the Secretary are of
public interest in connection with any phases of fish and wildlife
operations.
(Aug. 8, 1956, ch. 1036, 5, 70 Stat. 1121.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
/1/ Section was enacted without a subsec. (b).
16 USC 742d-1. Studies of effects in use of chemicals
TITLE 16 -- CONSERVATION
The Administrator of the Environmental Protection Agency is
authorized and directed to undertake comprehensive continuing studies on
the effects of insecticides, herbicides, fungicides and pesticides, upon
the fish and wildlife resources of the United States, for the purpose of
determining the amounts, percentages, and formulations of such chemicals
that are lethal to or injurious to fish and wildlife and the amounts,
percentages, mixtures, or formulations that can be used safely, and
thereby prevent losses of fish and wildlife from such spraying, dusting,
or other treatment.
(Pub. L. 85-582, 1, Aug. 1, 1958, 72 Stat. 479; 1970 Reorg. Plan
No. 3, 2(a)(2)(i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086.)
''Administrator of the Environmental Protection Agency'' substituted
in text for ''Secretary of the Interior'' pursuant to Reorg. Plan No.
3 of 1970, set out in the Appendix to Title 5, Government Organization
and Employees, which abolished the Federal Water Quality Administration
in Department of the Interior and transferred to Administrator of
Environmental Protection Agency all functions vested in Secretary of the
Interior by this section.
Section 2 of Pub. L. 85-582, Aug. 1, 1958, 72 Stat. 479, as
amended Pub. L. 86-279, Sept. 16, 1959, 73 Stat. 563; Pub. L.
89-232, Oct. 1, 1965, 79 Stat. 902; Pub. L. 90-394, July 11, 1968, 82
Stat. 338, provided that: ''In order to carry out the provisions of
this Act (this section), there is authorized to be appropriated
$3,500,000 for the fiscal year ending June 30, 1969, and for each of the
two fiscal years immediately following such year. Such sums shall
remain available until expended.''
16 USC 742e. Transfer of functions to Secretary
TITLE 16 -- CONSERVATION
(a) Functions of Secretaries of Agriculture, Commerce, etc.
There shall be transferred to the Secretary all functions of the
Secretary of Agriculture, the Secretary of Commerce, and the head of any
other department or agency, as determined by the Director of the Office
of Management and Budget to relate primarily to the development,
advancement, management, conservation, and protection of commercial
fisheries; but nothing in this section shall be construed to modify the
authority of the Department of State or the Secretary of State to
negotiate or enter into any international agreements, or conventions
with respect to the development, management, or protection of any
fisheries and wildlife resources or with respect to international
commissions operating under conventions to which the United States is a
party.
(b) Transfer of personnel, property, records, etc.
There shall be transferred to the Department of the Interior so much
of the personnel, property, facilities, records, and unexpended balances
of appropriations, allocations, and other funds (available or to be made
available) as the Director of the Office of Management and Budget
determines to be necessary in connection with the exercise of any
functions transferred to the Secretary pursuant to subsection (a) of
this section.
(c) Cooperation of other departments and agencies
The Secretary may request and secure the advice or assistance of any
department or agency of the Government in carrying out the provisions of
this Act, and any such department or agency which furnishes advice or
assistance to the Secretary may expend its own funds for such purposes,
with or without reimbursement from the Secretary as may be agreed upon
between the Secretary and the department or agency.
(Aug. 8, 1956, ch. 1036, 6, 70 Stat. 1122; 1970 Reorg. Plan No. 2,
102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)
This Act, referred to in subsec. (a), is act Aug. 8, 1956, ch.
1036, 70 Stat. 1119, as amended, known as the Fish and Wildlife Act of
1956, which is classified generally to sections 742a to 742d and 742e to
742j-2 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 742a of this title and
Tables.
All functions vested by law (including reorganization plan) in Bureau
of the Budget or Director of Bureau of the Budget were transferred to
the President of the United States by section 101 of 1970 Reorg. Plan
No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the
Appendix to Title 5, Government Organization and Employees. Section 102
of 1970 Reorg. Plan No. 2 redesignated Bureau of the Budget as Office
of Management and Budget.
Secretary of the Interior authorized to exercise authority in
relation to issuance of ship mortgage insurance on fishing vessels
comparable to authority of Secretary of Commerce under Merchant Marine
Act of 1936, as amended, see Pub. L. 86-577, July 5, 1960, 74 Stat.
314, set out as a note under section 1275 of Title 46, Appendix,
Shipping.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
16 USC 742f. Powers of Secretaries of the Interior and Commerce
TITLE 16 -- CONSERVATION
(a) Policies, procedures, and recommendations
The Secretary of the Interior, with such advice and assistance as he
may require from the Assistant Secretary for Fish and Wildlife, shall
consider and determine the policies and procedures that are necessary
and desirable in carrying out efficiently and in the public interest the
laws relating to fish and wildlife. The Secretary, with the assistance
of the departmental staff herein authorized, shall --
(1) develop and recommend measures which are appropriate to assure
the maximum sustainable production of fish and fishery products and to
prevent unnecessary and excessive fluctuations in such production;
(2) study the economic condition of the industry, and whenever he
determines that any segment of the domestic fisheries has been seriously
disturbed either by wide fluctuation in the abundance of the resource
supporting it, or by unstable market or fishing conditions or due to any
other factors he shall make such recommendations to the President and
the Congress as he deems appropriate to aid in stabilizing the domestic
fisheries;
(3) develop and recommend special promotional and informational
activities with a view to stimulating the consumption of fishery
products whenever he determines that there is a prospective or actual
surplus of such products; and
(4) take such steps as may be required for the development,
advancement, management, conservation, and protection of fish and
wildlife resources including, but not limited to, research, development
of existing facilities, and acquisition by purchase or exchange of land
and water, or interests therein.
(b) Gifts, devises, or bequests for performance of activities and
services of United States Fish and Wildlife Service; restrictive or
affirmative covenants or conditions of servitude; separate account in
Treasury; disbursement orders; gifts or bequests to United States for
Federal tax purposes
(1) In furtherance of the purposes of this Act, the Secretary of the
Interior is authorized to accept any gifts, devises, or bequests of real
and personal property, or proceeds therefrom, or interests therein, for
the benefit of the United States Fish and Wildlife Service, in
performing its activities and services. Such acceptance may be subject
to the terms of any restrictive or affirmative covenant, or condition of
servitude, if such terms are deemed by the Secretary to be in accordance
with law and compatible with the purpose for which acceptance is sought.
(2) Any gifts and bequests of money and proceeds from the sales of
other property received as gifts or bequests pursuant to this subsection
shall be deposited in a separate account in the Treasury and shall be
disbursed upon order of the Secretary for the benefit of programs
administered by the United States Fish and Wildlife Service.
(3) For the purpose of Federal income, estate, and gift taxes,
property, or proceeds therefrom, or interests therein, accepted under
this subsection shall be considered as a gift or bequest to the United
States.
(c) Volunteer services; incidental expenses; Federal employee
status; authorization of appropriations
(1) The Secretary of the Interior and the Secretary of Commerce may
each recruit, train, and accept, without regard to the provisions of
title 5, the services of individuals without compensation as volunteers
for, or in aid of programs conducted by either Secretary through the
United States Fish and Wildlife Service or the National Oceanic and
Atmospheric Administration.
(2) The Secretary of the Interior and the Secretary of Commerce are
each authorized to provide for incidental expenses such as
transportation, uniforms, lodging, and subsistence of such volunteers.
(3) Except as otherwise provided in this subsection, a volunteer
shall not be deemed a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including those
relative to hours of work, rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
(4) For the purpose of the tort claim provisions of title 28, a
volunteer under this subsection shall be considered a Federal employee.
(5) For the purposes of subchapter I of chapter 81 of title 5,
relating to compensation to Federal employees for work injuries,
volunteers under this subsection shall be deemed employees of the United
States within the meaning of the term ''employees'' as defined in
section 8101 of title 5, and the provisions of that subchapter shall
apply.
(6) There are authorized to be appropriated to carry out this
subsection $100,000 for the Secretary of the Interior and $50,000 for
the Secretary of Commerce for each of the fiscal years 1980, 1981, 1982,
1983, 1984, 1985, and 1986.
(Aug. 8, 1956, ch. 1036, 7, 70 Stat. 1122; Nov. 8, 1978, Pub. L.
95-616, 4, 92 Stat. 3112; Oct. 18, 1982, Pub. L. 97-347, 2, 96 Stat.
1652; July 12, 1983, Pub. L. 98-44, title I, 103(a)(2), 97 Stat. 216;
Oct. 19, 1984, Pub. L. 98-498, title IV, 430(2), 98 Stat. 2310.)
This Act, referred to in subsec. (b)(1), is act Aug. 8, 1956, ch.
1036, known as the Fish and Wildlife Act of 1956, which is classified
generally to sections 742a to 742d and 742e to 742j-2 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 742a of this title and Tables.
The tort claim provisions of title 28, referred to in subsec.
(c)(4), are the provisions of the Federal Tort Claims Act, which is
classified generally to section 1346(b) and to chapter 171 ( 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
1984 -- Subsec. (c)(6). Pub. L. 98-498 substituted ''1984, 1985, and
1986'' for ''and 1984''.
1983 -- Subsec. (c)(6). Pub. L. 98-44 substituted '', 1983, and
1984'' for ''and 1983''.
1982 -- Subsec. (c)(6). Pub. L. 97-347 substituted ''1982 and 1983''
for ''and 1982''.
1978 -- Subsec. (a)(4). Pub. L. 95-616, 4(1), reenacted existing
provisions, substituting reference to fish resources for prior reference
to fisheries resources and incorporated provisions of par. (5) relating
to wildlife resources, substituting reference to acquisition by purchase
or exchange of land and water for prior reference to acquisition of
refuge lands.
Subsec. (a)(5). Pub. L. 95-616, 4(1), struck out par. (5) relating
to wildlife resources. See par. (4).
Subsecs. (b), (c). Pub. L. 95-616, 4(3), added subsecs. (b) and
(c).
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
National Fish and Wildlife Foundation, activities relating to gifts
of property in connection with the Fish and Wildlife Service, see
section 3701 et seq. of this title.
16 USC 742g. Cooperation with State Department
TITLE 16 -- CONSERVATION
(a) Representation at international meetings
The Secretary shall cooperate to the fullest practicable extent with
the Secretary of State in providing representation at all meetings and
conferences relating to fish and wildlife in which representatives of
the United States and foreign countries participate.
The Secretary of State shall designate the Secretary of the Interior
or the Assistant Secretary for Fish and Wildlife, or a person designated
by the Secretary of the Interior to represent the Department of the
Interior, as a member of the United States delegation attending such
meetings and conferences and also as a member of the negotiating team of
any such delegation.
(b) Consultation with officials responsible for technical and
economic aid
The Secretary of State and all other officials having
responsibilities in the fields of technical and economic aid to foreign
nations shall consult with the Secretary in all cases in which the
interests of fish and wildlife are involved, with a view to assuring
that such interests are adequately represented at all times.
(c) International negotiations
Notwithstanding any other provision of law, the Secretary shall be
represented in all international negotiations conducted by the United
States pursuant to section 1351 of title 19, in any case in which fish
products are directly affected by such negotiations.
(d) Consultation with governmental, private nonprofit, and other
organizations
The Secretary shall consult periodically with the various
governmental, private nonprofit, and other organizations and agencies
which have to do with any phase of fish and wildlife with respect to any
problems that may arise in connection with such fish and wildlife.
(Aug. 8, 1956, ch. 1036, 8, 70 Stat. 1123.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
16 USC 742h. Reports on fishery products
TITLE 16 -- CONSERVATION
(a) Repealed. Pub. L. 96-470, title I, 103(a), Oct. 19, 1980, 94
Stat. 2237.
(b) The Secretary is authorized to make a report to the President and
the Congress, and, when requested by the United States International
Trade Commission in connection with section 1364 of title 19, or when an
investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the
Secretary is authorized to make a report to such Commission, concerning
the following matters with respect to any fishery product which is
imported into the United States, or such reports may be made upon a
request from any segment of the domestic industry producing a like or
directly competitive product --
(1) whether there has been a downward trend in the production,
employment in the production, or prices, or a decline in the sales, of
the like or directly competitive product by the domestic industry; and
(2) whether there has been an increase in the imports of the fishery
products into the United States, either actual or relative to the
production of the like or directly competitive product produced by the
domestic industry.
(Aug. 8, 1956, ch. 1036, 9, 70 Stat. 1123; Jan. 3, 1975, Pub. L.
93-618, title I, 171(b), 88 Stat. 2009; Oct. 19, 1980, Pub. L.
96-470, title I, 103(a), 94 Stat. 2237.)
Section 1364 of title 19, referred to in subsec. (b), was repealed
by Pub. L. 87-794, title II, 257(e)(1), Oct. 11, 1962, 76 Stat. 882.
1980 -- Subsec. (a). Pub. L. 96-470 struck out subsec. (a) which
required Secretary of the Interior to make an annual report to Congress
with respect to activities of United States Fish and Wildlife Service
under this Act, accompanied by appropriate legislative recommendations.
1975 -- Subsec. (b). Pub. L. 93-618 substituted ''United States
International Trade Commission'' for ''United States Tariff
Commission''.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
16 USC 742i. Effect on rights of States and international commissions
TITLE 16 -- CONSERVATION
Nothing in this Act shall be construed (1) to interfere in any manner
with the rights of any State under the Submerged Lands Act (43 U.S.C.
1301 et seq.) or otherwise provided by law, or to supersede any
regulatory authority over fisheries exercised by the States either
individually or under interstate compacts; or (2) to interfere in any
manner with the authority exercised by any International Commission
established under any treaty or convention to which the United States is
a party.
(Aug. 8, 1956, ch. 1036, 10, 70 Stat. 1124.)
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70
Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,
which is classified generally to sections 742a to 742d and 742e to
742j-2 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 742a of this title and
Tables.
The Submerged Lands Act, referred to in text, is act May 22, 1953,
ch. 65, 67 Stat. 29, as amended, which is classified generally to
subchapters I and II ( 1301 et seq., 1311 et seq.) of chapter 29 of
Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of Title 43 and
Tables.
16 USC 742j. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
(Aug. 8, 1956, ch. 1036, 11, 70 Stat. 1124.)
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70
Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,
which is classified generally to sections 742a to 742d and 742e to
742j-2 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 742a of this title and
Tables.
16 USC 742j-1. Airborne hunting
TITLE 16 -- CONSERVATION
(a) Prohibition; penalty
Any person who --
(1) while airborne in an aircraft shoots or attempts to shoot for the
purpose of capturing or killing any bird, fish, or other animal; or
(2) uses an aircraft to harass any bird, fish, or other animal; or
(3) knowingly participates in using an aircraft for any purpose
referred to in paragraph (1) or (2);
shall be fined not more than $5,000 or imprisoned not more than one
year, or both.
(b) Exception; report of State to Secretary
(1) This section shall not apply to any person if such person is
employed by, or is an authorized agent of or is operating under a
license or permit of, any State or the United States to administer or
protect or aid in the administration or protection of land, water,
wildlife, livestock, domesticated animals, human life, or crops, and
each such person so operating under a license or permit shall report to
the applicable issuing authority each calendar quarter the number and
type of animals so taken.
(2) In any case in which a State, or any agency thereof, issues a
permit referred to in paragraph (1) of this subsection, it shall file
with the Secretary of the Interior an annual report containing such
information as the Secretary shall prescribe, including but not limited
to --
(A) the name and address of each person to whom a permit was issued;
(B) a description of the animals authorized to be taken thereunder,
the number of animals authorized to be taken, and a description of the
area from which the animals are authorized to be taken;
(C) the number and type of animals taken by such person to whom a
permit was issued; and
(D) the reason for issuing the permit.
(c) ''Aircraft'' defined
As used in this section, the term ''aircraft'' means any contrivance
used for flight in the air.
(d) Enforcement; regulations; arrest; search; issuance and
execution of warrants and process; cooperative agreements
The Secretary of the Interior shall enforce the provisions of this
section and shall promulgate such regulations as he deems necessary and
appropriate to carry out such enforcement. Any employee of the
Department of the Interior authorized by the Secretary of the Interior
to enforce the provisions of this section may, without warrant, arrest
any person committing in his presence or view a violation of this
section or of any regulation issued hereunder and take such person
immediately for examination or trial before an officer or court of
competent jurisdiction; may execute any warrant or other process issued
by an officer or court of competent jurisdiction for the enforcement of
the provisions of this section; and may, with or without a warrant, as
authorized by law, search any place. The Secretary of the Interior is
authorized to enter into cooperative agreements with State fish and
wildlife agencies or other appropriate State authorities to facilitate
enforcement of this section, and by such agreements to delegate such
enforcement authority to State law enforcement personnel as he deems
appropriate for effective enforcement of this section. Any judge of any
court established under the laws of the United States, and any United
States magistrate judge may, within his respective jurisdiction, upon
proper oath or affirmation showing probable cause, issue warrants in all
such cases.
(e) Forfeiture
All birds, fish, or other animals shot or captured contrary to the
provisions of this section, or of any regulation issued hereunder, and
all guns, aircraft, and other equipment used to aid in the shooting,
attempting to shoot, capturing, or harassing of any bird, fish, or other
animal in violation of this section or of any regulation issued
hereunder shall be subject to forfeiture to the United States.
(f) Certain customs laws applied
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof, and
the remission or mitigation of such forfeitures, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this section, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this section;
except that all powers, rights, and duties conferred or imposed by the
customs laws upon any officer or employee of the Treasury Department
shall, for the purposes of this section, be exercised or performed by
the Secretary of the Interior or by such persons as he may designate.
(Aug. 8, 1956, ch. 1036, 13, as added Nov. 18, 1971, Pub. L.
92-159, 1, 85 Stat. 480; amended Oct. 18, 1972, Pub. L. 92-502, 86
Stat. 905; Dec. 1, 1990, Pub. L. 101-650, title III, 321, 104 Stat.
5117.)
The customs laws, referred to in subsec. (f), are classified
generally to Title 19, Customs Duties.
1972 -- Subsecs. (d) to (f). Pub. L. 92-502 added subsecs. (d) to
(f).
''United States magistrate judge'' substituted for ''United States
magistrate'' in subsec. (d) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Section 3 of Pub. L. 92-159 provided that: ''The amendments made by
the first section of this Act (enacting this section) shall take effect
as of the thirtieth day after the date of enactment of such section
(Nov. 18, 1971); except that, in any case in which a State is not
authorized to issue any permit referred to in the amendments made by
such first section, such amendments shall take effect in any such State
as of the thirtieth day after the expiration of the next regular session
of the legislature of such State which begins on or after the date of
enactment of this Act.''
16 USC 742j-2. Uniform allowance
TITLE 16 -- CONSERVATION
Notwithstanding subsection /1/ 5901(a) of title 5, the uniform
allowance for each uniformed employee of the United States Fish and
Wildlife Service may be up to $400 annually.
(Aug. 8, 1956, ch. 1036, 14, as added June 28, 1980, Pub. L.
96-291, 2, 94 Stat. 608.)
/1/ So in original. Probably should be ''section''.
16 USC 742k. Management and disposition of vessels and other property
acquired and arising out of fishery loans or related type of activities
TITLE 16 -- CONSERVATION
For the purpose of facilitating administration of, and protecting the
interest of the Government in, the fishery loan fund established by
section 742c of this title and any related type of activities relating
to fisheries for which the Department of the Interior is now or may
hereafter be responsible, the Secretary of the Interior, notwithstanding
any other provisions of law, may hereafter administer, complete,
recondition, reconstruct, renovate, repair, maintain, operate, charter,
assign, or sell upon such terms and conditions as he may deem most
advantageous to the United States, any vessel, plant, or other property
acquired by him on behalf of the United States and arising out of any
fishery loan or any related type of activity by the Secretary of the
Interior. The Secretary may use any of the applicable funds in each
particular instance for the aforesaid purposes.
(Pub. L. 87-219, Sept. 13, 1961, 75 Stat. 493.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see Transfer of Functions note set out under
section 742b of this title.
16 USC 742l. Enforcement authority for the protection of fish and
wildlife resources
TITLE 16 -- CONSERVATION
(a) Law enforcement training program
(1) In order to provide for and encourage training, research, and
development for the purpose of improving fish and wildlife law
enforcement and developing new methods for the prevention, detection,
and reduction of violation of fish and wildlife laws, and the
apprehension of violators of such laws, the Secretary of the Interior
and the Secretary of Commerce may each --
(A) establish and conduct national training programs to provide, at
the request of any State, training for State fish and wildlife law
enforcement personnel;
(B) develop new or improved approaches, techniques, systems,
equipment, and service to improve and strengthen fish and wildlife law
enforcement; and
(C) assist in conducting, at the request of any appropriate State
official, local or regional training programs for the training of State
fish and wildlife law enforcement personnel.
Such training programs shall be conducted to the maximum extent
practicable through established programs.
(2) There are authorized to be appropriated beginning with fiscal
year 1980 such funds as may be necessary to carry out the purposes of
subsection (b) of this section, and the Secretary of the Interior and
the Secretary of Commerce may each require reimbursement from the States
for expenditures made pursuant to subsections (b)(1)(A) and (C) of this
section.
(b) Law enforcement cooperative agreement
Notwithstanding any other provision of law, the Secretary of the
Interior and the Secretary of Commerce may each utilize by agreement,
with or without reimbursement, the personnel, services and facilities of
any other Federal or State agency to the extent he deems it necessary
and appropriate for effective enforcement of any Federal or State laws
on lands, waters, or interests therein under his jurisdiction which are
administered or managed for fish and wildlife purposes and for
enforcement of any laws administered by him relating to fish and
wildlife. Persons so designated by either Secretary, who are not
employees of another Federal agency --
(1) shall not be deemed a Federal employee and shall not be subject
to the provisions of law relating to Federal employment, including those
relating to hours of work, competitive examination, rates of
compensation, and Federal employee benefits, but may be considered
eligible for compensation for work injuries under subchapter III of
chapter 81 of title 5;
(2) shall be considered to be investigative or law enforcement
officers of the United States for the purposes of the tort claim
provisions of title 28;
(3) may, to the extent specified by either Secretary, search, seize,
arrest, and exercise any other law enforcement functions or authorities
under Federal laws relating to fish and wildlife, where such authorities
are made applicable by this or any other law to employees, officers, or
other persons designated or employed by either Secretary; and
(4) shall be considered to be officers or employees of the Department
of the Interior or the Department of Commerce, as the case may be,
within the meaning of sections 111 and 1114 of title 18.
(c) Disposal of abandoned or forfeited property
Notwithstanding any other provision of law, all fish, wildlife,
plants, or any other items abandoned or forfeited to the United States
under any laws administered by the Secretary of the Interior or the
Secretary of Commerce relating to fish, wildlife, or plants, shall be
disposed of by either Secretary in such a manner as he deems appropriate
(including, but not limited to, loan, gift, sale, or destruction).
(d) Disclaimer
Nothing in this section shall be construed to invalidate any law
enforcement agreement or delegation made by the Secretary of the
Interior or the Secretary of Commerce with respect to fish and wildlife
matters prior to November 8, 1978.
(e) to (j) Omitted
(k) Law enforcement operations
With respect to any undercover or other enforcement operation which
is necessary for the detection and prosecution of violations of any laws
administered by the United States Fish and Wildlife Service or the
National Marine Fisheries Service relating to fish, wildlife, or plants,
the Secretary of the Interior or the Secretary of Commerce may,
notwithstanding any other provision of law --
(1) direct the advance of funds which may be deposited in commercial
banks or other financial institutions;
(2) use appropriations for payment for information, rewards, or
evidence concerning violations, without reference to any rewards to
which such persons may otherwise be entitled by law, and any moneys
subsequently recovered shall be reimbursed to the current appropriation;
and
(3) use appropriations to establish or acquire proprietary
corporations or business entities as part of an undercover operation,
operate such corporations or business entities on a commercial basis,
lease space and make other necessary expenditures, and use the proceeds
from such undercover operations to offset necessary and reasonable
expenses incurred in such operations: Provided, That at the conclusion
of each such operation the proceeds shall be deposited in the Treasury
of the United States as miscellaneous receipts.
(Pub. L. 95-616, 3 (less (e)-(j)), Nov. 8, 1978, 92 Stat. 3110;
Pub. L. 97-396, 7, Dec. 31, 1982, 96 Stat. 2006.)
The tort claim provisions of title 28, referred to in subsec.
(b)(2), are the provisions of the Federal Tort Claims Act, which is
classified generally to section 1346(b) and to chapter 171 ( 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
This section, referred to in subsec. (d), means section 3 of Pub.
L. 95-616, which in addition to enacting this section, enacted section
712 of this title and amended sections 460k-3, 668dd, 690e, 706, and
718f of this title and sections 1114 and 3112 of Title 18, Crimes and
Criminal Procedure.
Section is comprised of subsecs. (a) to (d) and (k) of section 3 of
Pub. L. 95-616, as amended. For classification of subsecs. (e)
through (j) of section 3, see References in Text note above and Tables.
1982 -- Subsec. (k). Pub. L. 97-396 added subsec. (k).
16 USC 742m. Relinquishment of exclusive legislative jurisdiction
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, the Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service, may relinquish to a State, or to a Commonwealth,
territory, or possession of the United States, the exclusive legislative
jurisdiction of the United States over all or part of any United States
Fish and Wildlife Service lands or interests therein, including but not
limited to National Wildlife Refuge System and National Fish Hatchery
System lands, in that State, Commonwealth, territory, or possession.
Relinquishment of exclusive legislative jurisdiction under this
subsection may be accomplished (1) by filing with the Governor (or, if
none, the chief executive officer) of the State, Commonwealth,
territory, or possession concerned, a notice of relinquishment to take
effect upon acceptance thereof, or (2) as the laws of the State,
Commonwealth, territory, or possession may otherwise provide.
(Pub. L. 100-653, title IX, 901, Nov. 14, 1988, 102 Stat. 3834.)
16 USC 743. Repealed. Pub. L. 93-280, 1(2), May 10, 1974, 88 Stat.
123
TITLE 16 -- CONSERVATION
Section, act Mar. 3, 1885, ch. 360, 1(1), 23 Stat. 494,
renumbered by Pub. L. 93-280, 1(1), May 10, 1974, 88 Stat. 123, was
part of a paragraph entitled: ''Propagation of Food Fishes'' in the
Sundry Civil Expenses Appropriation Act, 1886. It authorized the
Secretary of the Treasury to detail Coast Guard personnel to the Fish
and Wildlife Services for duty. See section 743a of this title.
16 USC 743a. Detail of personnel and loan of equipment to Director of
Bureau of Sport Fisheries and Wildlife
TITLE 16 -- CONSERVATION
(a) ''Agency'' defined
As used in this section, the term ''agency'' means the department in
which the Coast Guard is operating, the Department of the Army, the
Department of the Navy, the Department of the Air Force, the Atomic
Energy Commission, and the National Aeronautics and Space
Administration.
(b) Personnel and equipment available
The chief executive officer of each agency may from time to time --
(i) detail from the agency for duty under the Director of the Bureau
of Sport Fisheries and Wildlife, Department of the Interior, such
commissioned and enlisted personnel and civilian employees as may be
spared for such duty; and
(ii) consonant with the operational needs of the agency, loan
equipment of the agency to the Director.
(c) Reports to Congress
The Director of the United States Fish and Wildlife Service shall
make a report to Congress at the end of any fiscal year that the
provisions of this section are utilized, which describes the use of the
provisions of this section, and the additional cost, if any, to the
Federal Government resulting therefrom. Such report shall be referred
in the Senate to the Committee on Commerce and in the House of
Representatives to the Committee on Merchant Marine and Fisheries.
(Mar. 3, 1885, ch. 360, 1(2), as added May 10, 1974, Pub. L.
93-280, 1(3), 88 Stat. 123; amended Oct. 19, 1980, Pub. L. 96-470,
title II, 206(a), 94 Stat. 2244.)
The Bureau of Sport Fisheries and Wildlife, referred to in subsec.
(b), was replaced and succeeded by the United States Fish and Wildlife
Service. See section 742b(c) of this title.
1980 -- Subsec. (c). Pub. L. 96-470 substituted provision requiring
that a report to Congress be made at the end of any fiscal year that
provisions of this section are utilized for provision requiring an
annual report to Congress be made on utilization of the provisions of
this section and struck out ''annual'' before ''report shall be''.
Committee on Commerce of the Senate, referred to in subsec. (c),
abolished and replaced by Committee on Commerce, Science, and
Transportation of the Senate, effective Feb. 11, 1977. See Rule XXV of
Standing Rules of the Senate, as amended by Senate Resolution 4
(popularly cited as the ''Committee System Reorganization Amendments of
1977''), approved Feb. 4, 1977.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
16 USC 744. Investigations; fish propagation; investigations of
damages by predacious fishes; executive assistance
TITLE 16 -- CONSERVATION
The Secretary of the Interior or the Secretary of Commerce, as
appropriate, shall prosecute investigations and inquiries on the
subject, with the view of ascertaining whether any and what diminution
in the number of the food fishes of the coast and the lakes of the
United States has taken place; and, if so, to what causes the same is
due; and also whether any and what protective, prohibitory, or
precautionary measures should be adopted in the premises; and shall
report upon the same to Congress. He is authorized and directed to
conduct investigations and experiments for the purpose of ameliorating
the damage wrought to the fisheries by dogfish and other predacious
fishes and aquatic animals. Said investigations and experiments shall
be such as to develop the best and cheapest means of taking such fishes
and aquatic animals, of utilizing them for economic purposes, especially
for food, and to encourage the establishment of fisheries and markets
for them.
The heads of the several executive departments shall cause to be
rendered all necessary and practicable aid to the Secretary in the
prosecution of his investigations and inquiries.
(R.S. 4396, 4397; Mar. 3, 1887, ch. 362, 24 Stat. 523; June 21,
1916, ch. 160, 1, 2, 39 Stat. 232; 1939 Reorg. Plan No. II, 4(e),
(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan
No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1950
Reorg. Plan No. 3, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 62 Stat.
1262; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84
Stat. 2090; Pub. L. 96-470, title I, 101(c), Oct. 19, 1980, 94 Stat.
2237.)
R.S. 4396 derived from Res. Feb. 9, 1871, No. 22, 2, 16 Stat.
594.
R.S. 4397 derived from Res. Feb. 9, 1871, No. 22, 3, 16 Stat.
594.
1980 -- Pub. L. 96-470 struck out provision requiring a detailed
statement of expenditures under all appropriations for ''propagation of
fishes'' be submitted annually to Congress at the beginning of each
session.
Secretary of the Interior or Secretary of Commerce, as appropriate,
and Secretary substituted for Director of Fish and Wildlife Service and
Director in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5.
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and Bureau
of Biological Survey into one agency in Department of the Interior to be
known as Fish and Wildlife Service. It was further provided that
functions of consolidated agency should be administered under direction
and supervision of Secretary of the Interior by a director and
assistants, and that offices of Commissioner and Deputy Commissioner of
Fisheries and offices of Chief and Associate Chief of Bureau of
Biological Survey should be abolished and their functions transferred to
consolidated agency.
Reorg. Plan No. II of 1939, 4(e), (f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433, set out in the Appendix to Title 5, transferred
Bureau of Fisheries in Department of Commerce and its functions, and
Bureau of Biological Survey in Department of Agriculture and its
functions, to Department of the Interior, to be administered under
direction and supervision of Secretary of the Interior.
Act May 11, 1944, ch. 195, 58 Stat. 220, which expired January 1,
1945, provided for a comprehensive survey of all marine, fresh-water,
and other aquatic resources of the United States, its Territories, and
possessions; and for a report on survey, together with recommendations
to Congress. It also appropriated $20,000 to carry out the purposes of
the act.
16 USC 745. Powers of Secretary
TITLE 16 -- CONSERVATION
The Secretary of the Interior or the Secretary of Commerce, as
appropriate, may take or cause to be taken at all times, in the waters
of the seacoast of the United States, where the tide ebbs and flows, and
also in the waters of the lakes, such fish or specimens thereof as may
in his judgment, from time to time, be needful or proper for the conduct
of his duties, any law, custom, or usage of any State to the contrary
notwithstanding.
(R.S. 4398; 1940 Reorg. Plan No. III, 3, eff. June 30, 1940, 5
F.R. 2108, 54 Stat. 1232; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
R.S. 4398 derived from Res. Feb. 9, 1871, No. 22, 4, 16 Stat.
594.
Secretary of the Interior or Secretary of Commerce, as appropriate,
substituted for Director of Fish and Wildlife Service in view of
transfer of functions by Reorg. Plan No. 4 of 1970, see note set out
under section 744 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Transfer and consolidation of bureaus and functions, see note set out
under section 742 of this title.
16 USC 746. Vessels of Fish and Wildlife Service
TITLE 16 -- CONSERVATION
The Secretary of the Navy is authorized to place the vessels of the
United States Fish and Wildlife Service on the same footing with the
Navy Department as those of the National Ocean Survey.
(May 31, 1880, ch. 113, 21 Stat. 151; 1939 Reorg. Plan No. II,
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan
No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8,
1956, ch. 1036, 3, 70 Stat. 1120.)
Coast and Geodetic Survey consolidated with National Weather Bureau
in 1965 to form Environmental Science Services Administration by Reorg.
Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished in 1970 and its
personnel, property, records, etc., transferred to National Oceanic and
Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration, 35
F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated
National Ocean Survey. See notes under section 851 of Title 33,
Navigation and Navigable Waters. See, also, notes under section 311 of
Title 15, Commerce and Trade.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940,
eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United
States Fish and Wildlife Service established by act Aug. 8, 1956, ch.
1036, 3, 70 Stat. 1120. See section 742b of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Transfer and consolidation of bureaus and functions, see note set out
under section 742 of this title.
16 USC 747. Omitted
TITLE 16 -- CONSERVATION
Section, acts Mar. 28, 1922, ch. 117, title I, 42 Stat. 484; Jan.
5, 1923, ch. 24, title I, 42 Stat. 1125; May 28, 1924, ch. 204,
title III, 43 Stat. 238; Feb. 27, 1925, ch. 364, title III, 43 Stat.
1047, which related to the commutation of rations of officers and crews
on vessels, was provision of an appropriation act which was confined to
specific appropriations.
16 USC 748. Expenditure of appropriations for propagation of food
fishes
TITLE 16 -- CONSERVATION
Appropriations for propagation of food fishes shall not be expended
for hatching or planting fish or eggs in any State in which, in the
judgment of the Secretary of the Interior, there are not adequate laws
for the protection of the fishes, nor in any State in which the United
States Director of the Fish and Wildlife Service and his duly authorized
agents are not accorded full and free right to conduct fish-cultural
operations, and all fishing and other operations necessary therefor, in
such manner and at such times as is considered necessary and proper by
the said director or his agents.
(July 1, 1918, ch. 113, 1, 40 Stat. 693; 1939 Reorg. Plan No. II,
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan
No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8,
1956, ch. 1036, 3, 70 Stat. 1120.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940,
eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United
States Fish and Wildlife Service established by act Aug. 8, 1956, ch.
1036, 3, 70 Stat. 1120. See section 742b of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Transfer and consolidation of bureaus and functions, see note set out
under sections 742 and 744 of this title.
16 USC 749. Omitted
TITLE 16 -- CONSERVATION
Section, act June 16, 1921, ch. 23, 4, 42 Stat. 63, provided for
an advisory committee to report on condition and needs of the Fish and
Wildlife Service, and is omitted since it was derived from an
appropriation act and is obsolete.
16 USC 750. Station on Mississippi River for rescue of fishes and
propagation of mussels
TITLE 16 -- CONSERVATION
There shall be established on the Mississippi River, at a point to be
selected by the Secretary of the Interior or the Secretary of Commerce,
as appropriate, a station for the rescue of fishes and the propagation
of mussels in connection with fish-rescue operations throughout the
Mississippi Valley.
(Apr. 28, 1922, ch. 153, 1, 42 Stat. 501; 1939 Reorg. Plan No. II,
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan
No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232.)
Secretary of Commerce also empowered to carry out statutory
provisions in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfer of marine sport fish program of Bureau of Sport Fisheries and
Wildlife; and certain transfers of functions, including functions
formerly vested by law in Secretary of the Interior or Department of the
Interior which were administered through Bureau of Commercial Fisheries
or were primarily related to such Bureau, exclusive of certain
enumerated functions with respect to Great Lakes fishery research,
Missouri River Reservoir research, Gulf Breeze Biological Laboratory,
and Trans-Alaska pipeline investigations by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5.
Transfer and consolidation of bureaus and functions, see note set out
under section 742 of this title.
16 USC 751. Personnel
TITLE 16 -- CONSERVATION
In connection with the establishment of such fish-rescue station
there is authorized the following personnel, namely: One district
supervisor, to have general charge of fish-rescue and fish-cultural
operations in the Mississippi Valley; a superintendent, two field
foremen, four fish-culturists at large, one engineer at large, one
clerk, two coxswains at large, and two apprentice fish-culturists.
(Apr. 28, 1922, ch. 153, 2, 42 Stat. 501.)
Provisions relating to the compensation of such personnel have been
omitted as such pay is fixed pursuant to chapter 51 and subchapter III
of chapter 53 of Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 752. Omitted
TITLE 16 -- CONSERVATION
Section, act July 2, 1942, ch. 473, 1, 56 Stat. 557, which
authorized the Fish and Wildlife Service to exchange equipment as part
payment for other equipment, was from the Interior Department
Appropriation Act, 1943, and was not repeated in subsequent
appropriation acts. Similar provisions were contained in act June 28,
1941, ch. 259, 1, 55 Stat. 357.
16 USC 753. Cooperative work
TITLE 16 -- CONSERVATION
On and after July 2, 1942, cooperative work conducted by the United
States Fish and Wildlife Service shall be subject to the provisions of
the Act of July 24, 1919 (7 U.S.C. 450b, 2220).
(July 2, 1942, ch. 473, 1, 56 Stat. 558; Aug. 8, 1956, ch. 1036,
3, 70 Stat. 1120.)
Act of July 24, 1919, referred to in text, was formerly classified to
sections 563 and 564 of Title 5 prior to the general revision and
enactment of Title 5, Government Organization and Employees, by Pub. L.
89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940,
eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United
States Fish and Wildlife Service established by act Aug. 8, 1956, ch.
1036, 3, 70 Stat. 1120. See section 742b of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Similar provisions were contained in act June 28, 1941, ch. 259, 1,
55 Stat. 357.
16 USC 753a. Cooperative research and training programs for fish and
wildlife resources
TITLE 16 -- CONSERVATION
For the purpose of developing adequate, coordinated, cooperative
research and training programs for fish and wildlife resources, the
Secretary of the Interior or the Secretary of Commerce, as appropriate,
is authorized to continue to enter into cooperative agreements with
colleges and universities, with game and fish departments of the several
States, and with nonprofit organizations relating to cooperative
research units: Provided, That Federal participation in the conduct of
such cooperative unit programs shall be limited to the assignment of
Department of the Interior or Department of Commerce scientific
personnel by the Secretary to serve at the respective units, to the
provision of assistance (including reasonable financial compensation)
for the work of researchers on fish and wildlife ecology and resource
management projects funded under this subsection /1/ to supply for the
use of the particular units' operations such equipment as may be
available to the Secretary for such purposes, and the payment of
incidental expenses of Federal personnel and employees of cooperating
agencies assigned to the units.
(Pub. L. 86-686, 1, Sept. 2, 1960, 74 Stat. 733; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L.
95-616, 2, Nov. 8, 1978, 92 Stat. 3110.)
1978 -- Pub. L. 95-616, in proviso, substituted ''scientific
personnel'' for ''technical personnel'' and authorized provision of
assistance (including reasonable financial compensation) for the work of
researchers on funded fish and wildlife ecology and resource management
projects.
Reference to Secretary of Commerce and Department of Commerce
inserted in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees.
/1/ So in original. Probably should be ''section''.
16 USC 753b. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated such sums as may be necessary
to carry out the purposes of section 753a of this title.
(Pub. L. 86-686, 2, Sept. 2, 1960, 74 Stat. 733.)
16 USC 754. Commutation of rations for officers and crews of vessels
of Service
TITLE 16 -- CONSERVATION
On and after July 2, 1942, commutation of rations (not to exceed $1
per man per day) may be paid to officers and crews of vessels of the
United States Fish and Wildlife Service under regulations prescribed by
the Secretary of the Interior, and money accruing from commutation of
rations on board vessels may be paid on proper vouchers to the persons
having charge of the mess of such vessels; and section 5911 of title 5,
shall not be construed to require deductions from the salaries of
officers and crews of vessels of the United States Fish and Wildlife
Service for quarters and rations furnished on vessels of said Service.
(July 2, 1942, ch. 473, 1, 56 Stat. 558; Aug. 8, 1956, ch. 1036,
3, 70 Stat. 1120.)
''Section 5911 of title 5'' substituted in text for ''the Act of
March 5, 1928 (5 U.S.C. 75a)'' on authority of Pub. L. 89-554, 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title
5, Government Organization and Employees.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 742b of this
title.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940,
eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United
States Fish and Wildlife Service established by act Aug. 8, 1956, ch.
1036, 3, 70 Stat. 1120. See section 742b of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Similar provisions were contained in act June 28, 1941, ch. 259, 1,
55 Stat. 357.
16 USC 754a. Appropriations for United States Fish and Wildlife
Service; purchases from
TITLE 16 -- CONSERVATION
The Secretary of the Interior may purchase, to the extent of not to
exceed $5,000, from the appropriations for the United States Fish and
Wildlife Service, clothing and small stores for the crews of vessels, to
be sold to the employees of said service and the appropriations
reimbursed.
(July 1, 1918, ch. 113, 1, 40 Stat. 694; 1939 Reorg. Plan No. II,
4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg.
Plan No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug.
8, 1956, ch. 1036, 3, 70 Stat. 1120.)
Section was formerly classified to section 662 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940,
eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United
States Fish and Wildlife Service established by act Aug. 8, 1956, ch.
1036, 3, 70 Stat. 1120. See section 742b of this title.
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of Department, with two
exceptions, transferred to Secretary of the Interior, with power vested
in him to authorize their performance or the performance of any of his
functions by any of those officers, agencies, and employees, by Reorg.
Plan No. 3 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1262, set out in the Appendix to Title 5, Government Organization and
Employees.
Bureau of Fisheries consolidated with Bureau of Biological Survey
into Fish and Wildlife Service in Department of the Interior, and
offices of Commissioner and Deputy Commissioner of Fisheries abolished
by Reorg. Plan No. III of 1940, set out in the Appendix to Title 5,
Government Organization and Employees. See, also, sections 8 and 9 of
that plan for provisions relating to transfer of records, property,
personnel, and funds. Bureau previously transferred to Department of
the Interior by Reorg. Plan No. II of 1939, 4(e), also set out in the
Appendix to Title 5.
16 USC CHAPTER 9A -- PRESERVATION OF FISHERY RESOURCES
TITLE 16 -- CONSERVATION
Sec.
755. Salmon-cultural stations; establishment; expenditure of
funds.
756. Investigations, surveys, and experiments; construction and
installation of conservation devices, etc.
757. Utilization of State services; expenditure of funds.
757a. Anadromous, Great Lakes, and Lake Champlain fisheries.
(a) Conservation, development, and enhancement; cooperative
agreements; costs.
(b) Operation, management, and administration of property.
(c) Increase of Federal share.
757b. Authority of the Secretary with regards to Anadromous and
Great Lakes fisheries; development and management.
757c. Approval for activities on land administered by other Federal
departments or agencies.
757d. Funding.
(a) Authorization of appropriations.
(b) Limitation on obligation of funds in any one State.
757e. Application to Columbia River basin.
757f. Studies on pollution; recommendations to Secretary of Health
and Human Services.
757g. Striped bass population studies.
(a) Conduct and scope of studies.
(b) Annual reports to Congress respecting progress and findings of
studies; report recommendations.
(c) Implementation of conduct of studies.
(d) Funding of studies.
758. Exploration, investigation, development, and maintenance of
fishing resources and industry of Pacific Ocean.
758a. Conduct of explorations and related work in Pacific Ocean.
758b. Cooperation with agencies, organizations, and others.
758c. Authorization of appropriations for research laboratory,
experiment stations, dock and storehouse facilities, vessels, etc. for
activities in the Pacific Ocean; transfer of surplus vessels.
758d. Pacific Ocean activities; future appropriations.
758e. Central, Western, and South Pacific Ocean fisheries
development program.
758e-1. Consultation and cooperation between certain Federal
officers, affected States, etc., in carrying out program.
758e-1a. Cooperative program for development of tuna and other
latent fishery resources in area; establishment; availability of
project information.
758e-2. Repealed.
758e-3. Regulations; contract terms and conditions.
758e-4. ''Central, Western, and South Pacific Ocean area'' defined.
758e-5. Authorization of appropriations.
759. Omitted.
760. Establishment of rearing ponds and fish hatchery in Kentucky.
760-1. Kentucky fish hatchery; authorization of appropriations.
760-2. Establishment of fish hatchery in Montana.
760-3. Establishment of trout hatchery in Pisgah National Forest.
760-4. Establishment of trout hatchery at Pittsford, Vermont.
760-5. Establishment of fish hatchery at Paint Bank, Virginia.
760-6. Virginia fish hatchery; authorization of appropriations.
760-7. Establishment of fish hatchery in West Virginia.
760-8. West Virginia fish hatchery; authorization of
appropriations.
760-9. Establishment of fish hatchery in Pennsylvania.
760-10. Pennsylvania fish hatchery; authorization of
appropriations.
760-11. Acceptance and development of fish hatchery in South
Carolina.
760-12. South Carolina fish hatchery; authorization of
appropriations.
760a. Atlantic Coast fish study for development and protection of
fish resources.
760b. Equipment for studies; cooperation of Federal departments and
agencies.
760c. Studies; authorization of appropriations.
760d. Grants for education and training of personnel in the field of
commercial fishing.
(a) Public and private nonprofit universities and colleges.
(b) Authorization of appropriations.
(c) Regulations.
760e. Study of migratory game fish; waters; research; purpose.
760f. Migratory game fish study; authorization to acquire
facilities, employ officers and employees, cooperate with State and
other agencies, and to publish results.
760g. Authorization of appropriations for migratory game fish study.
760h to 760l. Omitted.
16 USC 755. Salmon-cultural stations; establishment; expenditure of
funds
TITLE 16 -- CONSERVATION
The Secretary of Commerce is authorized and directed to establish one
or more salmon-cultural stations in the Columbia River Basin in each of
the States of Oregon, Washington, and Idaho. Any sums appropriated for
the purpose of establishing such stations may be expended, and such
stations shall be established, operated and maintained, in accordance
with the provisions of the Act entitled ''An Act to provide for a
five-year construction and maintenance program for the United States
Bureau of Fisheries'', approved May 21, 1930, ch. 306, 46 Stat. 371,
insofar as the provisions of such Act are not inconsistent with the
provisions of this section and sections 756 and 757 of this title.
(May 11, 1938, ch. 193, 1, 52 Stat. 345; 1939 Reorg. Plan No. II,
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Act May 21, 1930, ch. 306, 46 Stat. 371, referred to in text, was
not classified to the Code.
Secretary of Commerce substituted for Secretary of the Interior in
view of: creation of National Oceanic and Atmospheric Administration in
Department of Commerce and Office of Administrator of such
Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5.
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, consolidated Bureau
of Fisheries and Bureau of Biological Survey with their respective
functions into one agency in Department of the Interior to be known as
Fish and Wildlife Service, and provided that functions of consolidated
agency shall be administered under direction and supervision of
Secretary of the Interior.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce and its
functions to Department of the Interior, to be administered under
direction and supervision of Secretary of the Interior.
16 USC 756. Investigations, surveys, and experiments; construction
and installation of conservation devices, etc.
TITLE 16 -- CONSERVATION
The Secretary of Commerce is further authorized and directed (1) to
conduct such investigations, and such engineering and biological surveys
and experiments, as may be necessary to direct and facilitate
conservation of the fishery resources of the Columbia River and its
tributaries; (2) to construct and install devices in the Columbia River
Basin for the improvement of feeding and spawning conditions for fish,
for the protection of migratory fish from irrigation projects, and for
facilitating free migration of fish over obstructions; and (3) to
perform all other activities necessary for the conservation of fish in
the Columbia River Basin in accordance with law.
(May 11, 1938, ch. 193, 2, 52 Stat. 345; 1939 Reorg. Plan No. II,
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 8, 1946, ch.
883, 1, 60 Stat. 932; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
1946 -- Act Aug. 8, 1946, struck out requirement to maintain
conservation devices, etc.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior and prior transfers, see note set out under section 755 of this
title.
16 USC 757. Utilization of State services; expenditure of funds
TITLE 16 -- CONSERVATION
In carrying out the authorizations and duties imposed by section 756
of this title, the Secretary of Commerce is authorized to utilize the
facilities and services of the agencies of the States of Oregon,
Washington, and Idaho responsible for the conservation of the fish and
wildlife resources in such States, under the terms of agreements entered
into between the United States and these States, without regard to the
provisions of section 5 of title 41, and funds appropriated to carry out
the purposes of sections 755 to 757 of this title may be expended for
the construction of facilities on and the improvement of lands not owned
or controlled by the United States: Provided, That the appropriate
agency of the State wherein such construction or improvement is to be
carried on first shall have obtained without cost to the United States
the necessary title to, interest therein, rights-of-way over, or
licenses covering the use of such lands.
(May 11, 1938, ch. 193, 3, 52 Stat. 345; Aug. 8, 1946, ch. 883, 2,
60 Stat. 932; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090.)
1946 -- Act Aug. 8, 1946, amended section generally to provide for
utilization of State services, and for expenditure of funds for
construction of facilities and improvements on lands not owned by the
United States.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior, by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
16 USC 757a. Anadromous, Great Lakes, and Lake Champlain fisheries
TITLE 16 -- CONSERVATION
(a) Conservation, development, and enhancement; cooperative
agreements; costs
For the purpose of conserving, developing, and enhancing within the
several States the anadromous fishery resources of the Nation that are
subject to depletion from water resources developments and other causes,
or with respect to which the United States has made conservation
commitments by international agreements, and for the purpose of
conserving, developing, and enhancing the fish in the Great Lakes and
Lake Champlain that ascend streams to spawn, the Secretary of the
Interior is authorized to enter into cooperative agreements with one or
more States, acting jointly or severally, that are concerned with the
development, conservation, and enhancement of such fish, and, whenever
he deems it appropriate, with other non-Federal interests. Such
agreements shall describe (1) the actions to be taken by the Secretary
and the cooperating parties, (2) the benefits that are expected to be
derived by the States and other non-Federal interests, (3) the estimated
cost of these actions, (4) the share of such costs to be borne by the
Federal Government and by the States and other non-Federal interests:
Provided, That, except as provided in subsection (c) of this section,
the Federal share, including the operation and maintenance costs of any
facilities constructed by the Secretary pursuant to sections 757a to
757g of this title, which he annually determines to be a proper Federal
cost, shall not exceed 50 per centum of such costs exclusive of the
value of any Federal land involved: Provided further, That the
non-Federal share may be in the form of real or personal property, the
value of which will be determined by the Secretary, as well as money,
(5) the term of the agreement, (6) the terms and conditions for
disposing of any real or personal property acquired by the Secretary
during or at the end of the term of the agreement, and (7) such other
terms and conditions as he deems desirable.
(b) Operation, management, and administration of property
The Secretary may also enter into agreements with the States for the
operation of any facilities and management and administration of any
lands or interests therein acquired or facilities constructed pursuant
to sections 757a to 757g of this title.
(c) Increase of Federal share
(1) Whenever two or more States having a common interest in any basin
jointly enter into a cooperative agreement with the Secretary under
subsection (a) of this section to carry out a research and development
program to conserve, develop, and enhance anadromous fishery resources
of the Nation, or fish in the Great Lakes and Lake Champlain that ascend
streams to spawn, the Federal share of the program costs shall be
increased to a maximum of 66 2/3 per centum. For the purpose of this
subsection, the term ''basin'' includes rivers and their tributaries,
lakes, and other bodies of water or portions thereof.
(2) In the case of any State that has implemented an interstate
fisheries management plan for anadromous fishery resources, prepared by
an interstate commission, the Federal share of any grant made under this
section to carry out activities required by such plan shall be up to 90
percent. For purposes of this paragraph, the term ''interstate
commission'' means --
(A) the commission established by the Atlantic States Marine
Fisheries Compact (as consented to and approved by Public Law 80-77 /1/
), approved May 4, 1942 (56 Stat. 267);
(B) the commission established by the Pacific Marine Fisheries
Compact (as consented to and approved by Public Law 80-232 /1/ ),
approved July 24, 1947 (16 Stat. 419); and
(C) the commission established by the Gulf States Marine Fisheries
Compact (as consented to and approved by Public Law 81-66), approved May
19, 1949 (63 Stat. 70).
(Pub. L. 89-304, 1, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 91-249,
1, May 14, 1970, 84 Stat. 214; Pub. L. 93-362, 3(a), July 30, 1974, 88
Stat. 398; Pub. L. 95-464, Oct. 17, 1978, 92 Stat. 1278; Pub. L.
96-118, 1, Nov. 16, 1979, 93 Stat. 859; Pub. L. 97-453, 14(b)(1),
Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98-44, title I, 104, July 12,
1983, 97 Stat. 216.)
Public Law 80-77, May 4, 1942, 56 Stat. 267, referred to in subsec.
(c)(2)(A), probably means act May 4, 1942, ch. 283 (Public Law 539,
77th Cong.), 56 Stat. 267, which is not classified to the Code.
Public Law 80-232, July 24, 1947, 16 Stat. 419, referred to in
subsec. (c)(2)(B), probably means act July 24, 1947, ch. 316 (Public
Law 232, 80th Cong.), 61 Stat. 419, which is not classified to the
Code.
Public Law 81-66, May 19, 1949, 63 Stat. 70, referred to in subsec.
(c)(2)(C), is act May 19, 1949, ch. 128 (Public Law 66, 81st Cong.), 63
Stat. 70, which is not classified to the Code.
1983 -- Subsec. (c)(2). Pub. L. 98-44 substituted ''resources,
prepared by an interstate commission'' for ''resources'', substituted
''up to 90 percent'' for ''90 percent'', and inserted provision defining
interstate commission for purposes of this paragraph.
Subsec. (c). Pub. L. 97-453 designated existing provisions as par.
(1) and added par. 2.
1979 -- Subsec. (c). Pub. L. 96-118 struck out provisions respecting
cost to Federal government of operation and maintenance of structures,
devices, etc., constructed by States under cooperative agreements.
1978 -- Subsecs. (a), (c). Pub. L. 95-464 inserted ''and Lake
Champlain'' after ''Great Lakes''.
1974 -- Subsec. (c). Pub. L. 93-362 substituted ''66 2/3 per
centum'' for ''60 per centum''.
1970 -- Subsec. (a). Pub. L. 91-249, 1(a), made the Federal share
of the cost of conservation, development and enhancement of the
anadromous fishery resources subject to the provisions of subsec. (c)
of this section.
Subsec. (c). Pub. L. 91-249, 1(b), added subsec. (c).
Pub. L. 102-130, 1, Oct. 17, 1991, 105 Stat. 626, provided that:
''This Act (amending section 757g of this title and provisions set out
as notes under section 1851 of this title) may be cited as the 'Striped
Bass Act of 1991'.''
Section 8, formerly section 7, of Pub. L. 89-304, as added by Pub.
L. 91-249, 3, May 14, 1970, 84 Stat. 214, and renumbered by Pub. L.
96-118, 4, Nov. 16, 1979, 93 Stat. 859, provided that: ''This Act
(enacting this section and sections 757b to 757g of this title) may be
cited as the 'Anadromous Fish Conservation Act'.''
Transfer of functions to Secretary of Commerce from Secretary of the
Interior, by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
/1/ See References in Text note below.
16 USC 757b. Authority of the Secretary with regards to Anadromous and
Great Lakes fisheries; development and management
TITLE 16 -- CONSERVATION
The Secretary, in accordance with any agreements entered into
pursuant to section 757a(a) of this title, is authorized (1) to conduct
such investigations, engineering and biological surveys, and research as
may be desirable to carry out the program; (2) to carry out stream
clearance activities; (3) to construct, install, maintain, and operate
devices and structures for the improvement of feeding and spawning
conditions, for the protection of fishery resources, and for
facilitating the free migration of the fish, and for the control of the
sea lamprey; (4) to construct, operate, and maintain fish hatcheries
wherever necessary to accomplish the purposes of sections 757a to 757g
of this title; (5) to conduct such studies and make such
recommendations as the Secretary determines to be appropriate regarding
the development and management of any stream or other body of water for
the conservation and enhancement of anadromous fishery resources and the
fish in the Great Lakes and Lake Champlain that ascend streams to spawn:
Provided, That the reports on such studies and the recommendations of
the Secretary shall be transmitted to the States, the Congress, and the
Federal water resources construction agencies for their information:
Provided further, That sections 757a to 757g of this title shall not be
construed as authorizing the formulation or construction of water
resources projects, except that water resources projects which are
determined by the Seretary /1/ to be needed solely for the conservation,
protection, and enhancement of such fish may be planned and constructed
by the Bureau of Reclamation in its currently authorized geographic area
of responsibility or by the Corps of Engineers, or by the Department of
Agriculture, or by the States, with funds made available by the
Secretary under sections 757a to 757g of this title and subject to the
cost-sharing and appropriations provisions of sections 757a to 757g of
this title; (6) to acquire lands or interests therein by purchase,
lease, donation, or exchange for acquired lands or public lands under
his jurisdiction which he finds suitable for disposition: Provided,
That the lands or interests therein so exchanged shall involve
approximately equal values, as determined by the Secretary: Provided
further, That the Secretary may accept cash from, or pay cash to, the
grantor in such an exchange in order to equalize the values of the
properties exchanged; (7) to accept donations of funds and to use such
funds to acquire or manage lands or interests therein; and (8) to
administer such lands or interests therein for the purposes of sections
757a to 757g of this title. Title to lands or interests therein
acquired pursuant to sections 757a to 757g of this title shall be in the
cooperating States or other non-Federal interests.
(Pub. L. 89-304, 2, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 93-362,
1, July 30, 1974, 88 Stat. 398; Pub. L. 95-464, Oct. 17, 1978, 92 Stat.
1278; Pub. L. 96-118, 2, Nov. 16, 1979, 93 Stat. 859.)
1979 -- Pub. L. 96-118 substituted ''cooperating States or other
non-Federal interests'' for ''United States''.
1978 -- Cl. (5). Pub. L. 95-464 inserted ''and Lake Champlain''
after ''Great Lakes''.
1974 -- Cl. (3). Pub. L. 93-362 inserted reference to the control of
the sea lamprey.
/1/ So in original. Probably should be ''Secretary''.
16 USC 757c. Approval for activities on land administered by other
Federal departments or agencies
TITLE 16 -- CONSERVATION
Activities authorized by sections 757a to 757g of this title to be
performed on lands administered by other Federal departments or agencies
shall be carried out only with the prior approval of such departments or
agencies.
(Pub. L. 89-304, 3, Oct. 30, 1965, 79 Stat. 1126.)
16 USC 757d. Funding
TITLE 16 -- CONSERVATION
(a) Authorization of appropriations
There are authorized to be appropriated to carry out the purposes of
sections 757a to 757g of this title not to exceed the following sums:
(1) $8,152,500 for fiscal year 1989.
(2) $8,000,000 for each of the fiscal years 1990, 1991, 1992, 1993,
1994, and 1995.
Sums appropriated under this subsection are authorized to remain
available until expended.
(b) Limitation on obligation of funds in any one State
Not more than $1,250,000 of the funds appropriated under this section
in any one fiscal year shall be obligated in any one State.
(Pub. L. 89-304, 4, Oct. 30, 1965, 79 Stat. 1126; Pub. L. 91-249,
2, May 14, 1970, 84 Stat. 214; Pub. L. 93-362, 2, 3(b), July 30,
1974, 88 Stat. 398; Pub. L. 96-118, 3, Nov. 16, 1979, 93 Stat. 859;
Pub. L. 97-453, 14(b)(2), Jan. 12, 1983, 96 Stat. 2492; Pub. L.
99-659, title IV, 402, Nov. 14, 1986, 100 Stat. 3737; Pub. L.
101-627, title IV, 401, Nov. 28, 1990, 104 Stat. 4462.)
1990 -- Subsec. (a)(1). Pub. L. 101-627, 401(1), (2), redesignated
par. (7) as (1) and struck out former par. (1) which authorized
appropriations of $11,000,000 for fiscal year 1980.
Subsec. (a)(2). Pub. L. 101-627, 401(1), (3), added par. (2) and
struck out former par. (2) which authorized appropriations of
$13,000,000 for fiscal year 1981.
Subsec. (a)(3) to (6). Pub. L. 101-627, 401(1), struck out pars.
(3) to (6) which authorized appropriations of $15,000,000 for fiscal
year 1982, $7,500,000 for fiscal years 1983, 1984, 1985, and 1986,
$7,702,500 for fiscal year 1987, and $7,920,000 for fiscal year 1988,
respectively.
Subsec. (a)(7). Pub. L. 101-627, 401(2), redesignated par. (7) as
(1).
1986 -- Subsec. (a)(4) to (7). Pub. L. 99-659 inserted reference to
fiscal year 1986 in par. (4) and added pars. (5) to (7).
1983 -- Subsec. (a)(4). Pub. L. 97-453 added par. (4).
1979 -- Subsec. (a). Pub. L. 96-118, 3(a), substituted provisions
authorizing appropriations of not to exceed $11,000,000, $13,000,000,
and $15,000,000 for fiscal years 1980 through 1982, respectively, for
provisions authorizing appropriations of not to exceed $25,000,000,
$6,000,000, $7,500,000, $8,500,000, $20,000,000, $20,000,000,
$20,000,000, $20,000,000, $20,000,000, and $20,000,000 for fiscal years
ending June 30, 1970, through June 30, 1979, respectively.
Subsec. (b). Pub. L. 96-118, 3(b), substituted ''$1,250,000'' for
''$1,000,000''.
1974 -- Subsec. (a). Pub. L. 93-362 substituted ''$20,000,000 for
each of the fiscal years ending June 30, 1974, June 30, 1975, June 30,
1976, June 30, 1977, June 30, 1978, and June 30, 1979'' for
''$10,000,000 for the fiscal year ending June 30, 1974''.
1970 -- Subsec. (a). Pub. L. 91-249 authorized appropriation of not
to exceed $6,000,000, $7,500,000, $8,500,000 and $10,000,000 for fiscal
years ending June 30, 1971, June 30, 1972, June 30, 1973, and June 30,
1974, respectively, to be available until expended.
16 USC 757e. Application to Columbia River basin
TITLE 16 -- CONSERVATION
Sections 757a to 757g of this title shall not be construed to affect,
modify, or apply to the same area as the provisions of sections 755 to
757 of this title. The State of Idaho shall be eligible on an equal
standing with other States for Federal funding for purposes authorized
by sections 757a to 757f of this title.
(Pub. L. 89-304, 5, Oct. 30, 1965, 79 Stat. 1126; Pub. L. 98-146,
title I, Nov. 4, 1983, 97 Stat. 922.)
Although the intent of Congress to amend this section is clear from
the directory language of Pub. L. 98-146 which states that the sentence
relating to the eligibility of the State of Idaho be added to ''16
U.S.C. 757e'', that directory language has been editorially interpreted
as directing the addition of that sentence to section 5 of Pub. L.
89-304, because Title 16 of the United States Code (this title) has
never been enacted into positive law and its sections are therefore not
susceptible of amendment as sections of ''16 U.S.C. -- '' and because
section 5 of Pub. L. 89-304 is the statute which was classified to, and
serves as the source for 16 U.S.C. 757e (this section).
1983 -- Pub. L. 98-146 inserted provision that the State of Idaho
shall be eligible on an equal standing with other States for Federal
funding for purposes authorized by sections 757a to 757f of this title.
16 USC 757f. Studies on pollution; recommendations to Secretary of
Health and Human Services
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall, on the basis of studies carried
out pursuant to sections 757a to 757g of this title and section 665 of
this title, make recommendations to the Secretary of Health and Human
Services concerning the elimination or reduction of polluting substances
detrimental to fish and wildlife in interstate or navigable waters or
the tributaries thereof. Such recommendations and any enforcement
measures initiated pursuant thereto by the Secretary of Health and Human
Services shall be designed to enhance the quality of such waters, and
shall take into consideration all other legitimate uses of such waters.
(Pub. L. 89-304, 6, Oct. 30, 1965, 79 Stat. 1126; Pub. L. 96-88,
title V, 509(b), Oct. 17, 1979, 93 Stat. 695.)
''Secretary of Health and Human Services'' substituted in text for
''Secretary of Health, Education, and Welfare'' pursuant to section
509(b) of Pub. L. 96-88, which is classified to section 3508(b) of
Title 20, Education.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 755 of this title.
757d, 757e, 1225 of this title.
16 USC 757g. Striped bass population studies
TITLE 16 -- CONSERVATION
(a) Conduct and scope of studies
The Secretary shall cooperate with States and other non-Federal
interests in conducting scientific studies of the anadromous stocks of
Atlantic striped bass. These studies shall include, but not be limited
to --
(1) estimates of recruitment, spawning potential, mortality rates,
stock composition of coastal fisheries, and other population parameters;
(2) investigations of factors affecting abundance of striped bass,
including analyses of the extent and causes of mortality at successive
life stages; and
(3) monitoring population abundance and age and sex composition of
striped bass stocks on fishery-dependent and fishery-independent data.
(b) Annual reports to Congress respecting progress and findings of
studies; report recommendations
The Secretary shall make annual reports to the Congress concerning
the progress and findings of the studies conducted pursuant to
subsection (a) of this section. Such reports shall, where appropriate,
contain recommendations of actions which could be taken to improve the
population of striped bass.
(c) Implementation of conduct of studies
For purposes of conducting the studies required by this section, the
Secretary may enter into agreements with States and other non-Federal
interests in accordance with the provisions of section 757a of this
title or he may carry out such studies directly, as he deems
appropriate: Provided, That any agreement entered into pursuant to this
subsection shall be effective only to such extent or in such amounts as
are provided in advance in appropriation Acts.
(d) Funding of studies
There are authorized to be appropriated for the purposes of carrying
out the studies described in subsection (a) of this section not to
exceed $1,000,000 for each of the fiscal years 1991, 1992, 1993, and
1994. Funds authorized to be appropriated by this subsection are in
addition to any funds authorized by section 757d of this title which may
be used for projects involving or affecting striped bass.
(Pub. L. 89-304, 7, as added Pub. L. 96-118, 4, Nov. 16, 1979, 93
Stat. 859; amended Pub. L. 97-453, 14(b)(3), Jan. 12, 1983, 96 Stat.
2492; Pub. L. 98-613, 10(a), Oct. 31, 1984, 98 Stat. 3190; Pub. L.
99-432, 6, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100-589, 3, Nov. 3,
1988, 102 Stat. 2984; Pub. L. 102-130, 3, Oct. 17, 1991, 105 Stat.
626.)
1991 -- Subsec. (a). Pub. L. 102-130, 3(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
Secretary shall cooperate with States and other non-Federal interests in
conducting studies of --
''(1) the size and distribution of the population of striped bass
(Morone saxatilis), including, but not limited to, studies to determine
the amount and geographical location of annual spawning; and
''(2) the factors responsible for the decline in the number of
striped bass that are available to the public for recreational and
commercial use, including, but not limited to --
''(A) analyses of the extent and causes of mortality at successive
stages in the life cycle of striped bass,
''(B) a determination of the effects of pollution on the viability
and condition of eggs and larval fish, and
''(C) a survey of the economic importance of recreational and
commercial striped bass fisheries.''
Subsec. (d). Pub. L. 102-130, 3(b), substituted ''1991, 1992, 1993,
and 1994'' for ''1988, 1989, 1990, and 1991'' and struck out at end ''If
the Secretary considers that the studies described in subsection (a) of
this section should be continued after September 30, 1982, the Secretary
shall inform the Congress in writing before February 15, 1981, of the
reasons why and for how long such continuation is believed to be
warranted.''
1988 -- Subsec. (d). Pub. L. 100-589 substituted ''each of the
fiscal years 1988, 1989, 1990, and 1991'' for ''the fiscal year ending
September 30, 1980, not to exceed $1,750,000 for the fiscal year ending
September 30, 1981, not to exceed $2,000,000 for the fiscal year ending
September 30, 1982, and not to exceed $1,000,000 for each of the fiscal
years ending September 30, 1983, September 30, 1984, September 30, 1985,
September 30, 1986, September 30, 1987, and September 30, 1988''.
1986 -- Subsec. (d). Pub. L. 99-432 substituted ''September 30,
1986, September 30, 1987, and September 30, 1988'' for ''and September
30, 1986''.
1984 -- Subsec. (d). Pub. L. 98-613 substituted ''September 30,
1984, September 30, 1985, and September 30, 1986'' for ''and September
30, 1984''.
1983 -- Subsec. (d). Pub. L. 97-453 struck out ''and'' after
''September 30, 1981,'', and inserted '', and not to exceed $1,000,000
for each of the fiscal years ending September 30, 1983, and September
30, 1984''.
16 USC 758. Exploration, investigation, development, and maintenance
of fishing resources and industry of Pacific Ocean
TITLE 16 -- CONSERVATION
It is the policy of the United States to provide for the exploration,
investigation, development, and maintenance of the fishing resources and
development of the high seas fishing industry of the United States and
its island possessions in the tropical and subtropical Pacific Ocean and
intervening seas, for the benefit of the residents of the Pacific island
possessions and of the people of the United States.
(Aug. 4, 1947, ch. 451, 1, 61 Stat. 726; July 12, 1960, Pub. L.
86-624, 11(a), (b), 74 Stat. 412.)
1960 -- Pub. L. 86-624 substituted ''the United States and its
island possessions'' for ''the Territories and island possessions of the
United States'', and struck out ''Territory of Hawaii and'' before
''Pacific island possessions''.
16 USC 758a. Conduct of explorations and related work in Pacific Ocean
TITLE 16 -- CONSERVATION
The Secretary of Commerce is authorized and directed to conduct such
fishing explorations and such necessary related work as oceanographical,
biological, technological, statistical, and economic studies to insure
maximum development and utilization of the high seas fishery resources
of the United States and its island possessions in the tropical and
subtropical Pacific Ocean and intervening areas as may be consistent
with developing and sustaining such fishery resources at maximum levels
of production in perpetuity and to provide for the best possible
utilization thereof.
(Aug. 4, 1947, ch. 451, 2, 61 Stat. 726; July 12, 1960, Pub. L.
86-624, 11(a), 74 Stat. 412; 1970 Reorg. Plan No. 4, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090.)
1960 -- Pub. L. 86-624 substituted ''the United States and its
island possessions'' for ''the Territories and island possessions of the
United States''.
''Secretary of Commerce'' substituted for ''Secretary of the
Interior, through the United States Fish and Wildlife Service of the
Department of the Interior,'' in view of: creation of National Oceanic
and Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of Commercial
Fisheries in Department of the Interior and Office of Director of such
Bureau; transfers of functions, including functions formerly vested by
law in Secretary of the Interior or Department of the Interior which
were administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated
functions with respect to Great Lakes fishery research, Missouri River
Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations; and transfer of marine sport fish program of
Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
United States Fish and Wildlife Service, consisting of Bureau of
Commercial Fisheries and Bureau of Sport Fisheries and Wildlife,
succeeded and replaced Fish and Wildlife Service of Department of the
Interior under provisions of Fish and Wildlife Act of 1956, as
originally provided in section 742b(a) and (d) of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Discover Commercial Uses
Pub. L. 85-887, Sept. 2, 1958, 72 Stat. 1710, directed Secretary of
the Interior to prosecute, for a period of not to exceed four years from
Sept. 2, 1958, investigations of the abundance and distribution of
dogfish sharks, experiments to develop control measures, and a vigorous
program for the elimination and eradication or development of economic
uses of dogfish shark populations.
16 USC 758b. Cooperation with agencies, organizations, and others
TITLE 16 -- CONSERVATION
In carrying out the purposes and objectives of sections 758 and 758a
of this title, the Secretary of Commerce may cooperate with appropriate
agencies of the State and island governments, and with such educational,
industrial, or other organizations, enterprises, and individuals as may
be expedient.
(Aug. 4, 1947, ch. 451, 3, 61 Stat. 726; July 12, 1960, Pub. L.
86-624, 11(c), 74 Stat. 412; 1970 Reorg. Plan No. 4, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090.)
1960 -- Pub. L. 86-624 substituted ''State'' for ''Territorial''.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
758a of this title.
16 USC 758c. Authorization of appropriations for research laboratory,
experiment stations, dock and storehouse facilities, vessels, etc., for
activities in the Pacific Ocean; transfer of surplus vessels
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated, out of any money in
the Treasury not otherwise appropriated, such amounts as may be
necessary for the construction, including architectural services, and
for furnishings and equipment of a fishery research laboratory and
experiment stations in the State of Hawaii and necessary substations at
suitable locations, together with suitable dock and storehouse
facilities to be used in conjunction with the operation of research and
experimental fishing vessels and for the procurement and for the
modification, refitting, and equipment of two experimental high-sea
fishing vessels, together with all necessary gear and appurtenances, and
of one multiple purpose high-seas fishing and oceanographical research
vessel, together with all necessary gear and appurtenances, including
necessary naval architectural and engineering services: Provided,
however, That no part of said appropriation shall be expended for the
acquisition of lands for sites for said laboratory, experiment station,
or substations in the State of Hawaii: Provided further, That there are
authorized to be transferred to the Secretary of Commerce not to exceed
three surplus vessels suitable for conversion and use in oceanographic
and biological research and exploratory fishing, by any disposal agency
of the Government without reimbursement or transfer of funds.
(Aug. 4, 1947, ch. 451, 4, 61 Stat. 726; July 12, 1960, Pub. L.
86-624, 11(d), 74 Stat. 412; 1970 Reorg. Plan No. 4, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090.)
1960 -- Pub. L. 86-624 substituted ''State of Hawaii'' for
''Hawaiian Islands'' and for ''Territory of Hawaii''.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
758a of this title.
16 USC 758d. Pacific Ocean activities; future appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time in
fiscal years after 1947 -- 1948 such sums as may be necessary to enable
the Secretary of Commerce to carry out the purposes of sections 758 to
758d of this title, including personal services, traveling expenses,
transportation of things, purchase, maintenance, and operation of motor
vehicles, miscellaneous equipment, and supplies, communications, other
contractual services, necessary printing locally, and maintenance,
repair, improvement, equipment, and operation of vessels and buildings
or other structures.
(Aug. 4, 1947, ch. 451, 6, 61 Stat. 726; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Words ''personal services, traveling expenses, transportation of
things, purchase, maintenance, and operation of motor vehicles,
miscellaneous equipment, and supplies, communications, other contractual
services, necessary printing locally, and maintenance, repair,
improvement, equipment, and operation of vessels and buildings or other
structures'', appearing in text, were inserted in place of words ''all
the classes of expenditures enumerated in the foregoing section''. The
''foregoing section'' referred to section 5 of Act Aug. 4, 1947, which
is set out as a note under this section.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
758a of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Section 5 of act Aug. 4, 1947, authorized appropriation of
additional sums for expenses during the fiscal year 1947-1948 to carry
out the purposes of sections 758 to 758d of this title.
16 USC 758e. Central, Western, and South Pacific Ocean fisheries
development program
TITLE 16 -- CONSERVATION
The Secretary of Commerce (hereafter referred to in sections 758e to
758e-5 of this title as the ''Secretary'') is authorized to carry out,
directly or by contract, with the Pacific Fisheries Development
Foundation or other agency or organization, a program for the
development of the tuna and other latent fisheries resources of the
Central, Western, and South Pacific Ocean. The program shall include,
but not be limited to, exploration for, and stock assessment of, tuna
and other fish; improvement of harvesting techniques; gear
development; biological resource monitoring; and an economic
evaluation of the potential for tuna and other fisheries in such area.
(Pub. L. 92-444, 2, Sept. 29, 1972, 86 Stat. 745; Pub. L. 94-343,
1(1), July 6, 1976, 90 Stat. 809; Pub. L. 95-295, 1(1), June 16, 1978,
92 Stat. 319; Pub. L. 98-498, title IV, 410, Oct. 19, 1984, 98 Stat.
2309.)
1984 -- Pub. L. 98-498 substituted ''Pacific Fisheries Development
Foundation'' for ''Pacific Tuna Development Foundation''.
1978 -- Pub. L. 95-295 inserted provision authorizing contracts for
programs with the Pacific Tuna Development Foundation or other agency or
organization.
1976 -- Pub. L. 94-343 struck ''three year'' before ''program for''.
Section 1 of Pub. L. 92-444 provided: ''That this Act (enacting
this section and sections 758e-1 to 758e-5 of this title) may be cited
as the 'Central, Western, and South Pacific Fisheries Development
Act'.''
16 USC 758e-1. Consultation and cooperation between certain Federal
officers, affected States, etc., in carrying out program
TITLE 16 -- CONSERVATION
In carrying out the purposes of sections 758e to 758e-5 of this
title, the Secretary shall consult, and may otherwise cooperate, with
the Secretary of the Interior, the Secretary of State, the State of
Hawaii and other affected States, the governments of American Samoa and
Guam, the Office of the High Commissioner of the Trust Territory of the
Pacific Islands, the Commonwealth of the Northern Mariana Islands,
educational institutions, the commercial fishing industry, and all
appropriate member nations of a South Pacific regional fishery agency
(hereinafter referred to in sections 758e to 758e-5 of this title as the
''agency''), if such an agency is formed.
(Pub. L. 92-444, 3, Sept. 29, 1972, 86 Stat. 745; Pub. L. 95-295,
1(2), June 16, 1978, 92 Stat. 319.)
1978 -- Pub. L. 95-295 inserted provisions requiring consultation
and cooperation with the Secretary of State, Commonwealth of the
Northern Mariana Islands, and all appropriate member nations of a South
Pacific regional fishery agency, if such an agency is formed.
16 USC 758e-1a. Cooperative program for development of tuna and other
latent fishery resources in area; establishment; availability of
project information
TITLE 16 -- CONSERVATION
In addition to the authority granted in section 758e of this title,
the Secretary, in consultation with representatives of all interested
member nations of the agency, and those parties set forth in section
758e-1 of this title, may establish in accordance with section 758e of
this title, a cooperative program for the development of tuna and other
latent fisheries resources of the Central, Western, and South Pacific
Ocean to be submitted to the President and the Congress within one year
following official formation of the agency. The Secretary shall make
available to all interested member nations of the agency the results and
findings of research or development projects carried out under sections
758e to 758e-5 of this title.
(Pub. L. 92-444, 4, as added Pub. L. 95-295, 1(3), June 16, 1978,
92 Stat. 319.)
16 USC 758e-2. Repealed. Pub. L. 99-386, title I, 102, Aug. 22,
1986, 100 Stat. 821
TITLE 16 -- CONSERVATION
Section, Pub. L. 92-444, 5, formerly 4, Sept. 29, 1972, 86 Stat.
745; Pub. L. 94-273, 2(10), Apr. 21, 1976, 90 Stat. 375; Pub. L.
94-343, 1(2), July 6, 1976, 90 Stat. 809; renumbered Pub. L. 95-295,
1(4), June 16, 1978, 92 Stat. 319, related to submission to President
and Congress of annual report by Secretary on Central, Western, and
South Pacific Ocean fisheries development program.
16 USC 758e-3. Regulations; contract terms and conditions
TITLE 16 -- CONSERVATION
The Secretary shall prescribe such regulations as may be necessary to
carry out the purposes of sections 758e to 758e-5 of this title. Any
contract entered into pursuant to section 758e of this title shall be
subject to such terms and conditions as the Secretary deems necessary
and appropriate to protect the interests of the United States.
(Pub. L. 92-444, 6, formerly 5, Sept. 29, 1972, 86 Stat. 745;
renumbered Pub. L. 95-295, 1(4), June 16, 1978, 92 Stat. 319.)
16 USC 758e-4. ''Central, Western, and South Pacific Ocean area''
defined
TITLE 16 -- CONSERVATION
As used in sections 758e to 758e-5 of this title, the term ''Central,
Western, and South Pacific Ocean'' means that area of the Pacific Ocean
between latitudes 30 degrees north to 30 degrees south and from
longitudes 120 degrees east to 130 degrees west.
(Pub. L. 92-444, 7, formerly 6, Sept. 29, 1972, 86 Stat. 745;
renumbered Pub. L. 95-295, 1(4), June 16, 1978, 92 Stat. 319.)
16 USC 758e-5. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated for the period beginning July
1, 1973, and ending June 30, 1976, the sum of $3,000,000, and for the
period beginning July 1, 1976, and ending September 30, 1979, the sum of
$4,000,000, and for each of the fiscal years 1980, 1981, 1982, 1983,
1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, and
1995, the sum of $5,000,000, to carry out the purposes of sections 758e
to 758e-5 of this title. Sums appropriated pursuant to this section
shall remain available until expended.
(Pub. L. 92-444, 8, formerly 7, Sept. 29, 1972, 86 Stat. 745; Pub.
L. 94-343, 1(3), July 6, 1976, 90 Stat. 809; renumbered and amended
Pub. L. 95-295, 1(4), 2, June 16, 1978, 92 Stat. 319, 320; Pub. L.
97-453, 15(d), Jan. 12, 1983, 96 Stat. 2493; Pub. L. 99-659, title IV,
403, Nov. 14, 1986, 100 Stat. 3737; Pub. L. 101-627, title VI, 601,
Nov. 28, 1990, 104 Stat. 4463.)
1990 -- Pub. L. 101-627, which directed the substitution of ''1988,
1989, 1990, 1991, 1992, 1993, 1994, and 1995'' for ''and 1988'' in
section 7 of the Central, Western, and South Pacific Fisheries
Development Act, meaning section 7 of Pub. L. 92-444, was executed by
making the substitution in section 8 of Pub. L. 92-444, this section,
to reflect the probable intent of Congress and the renumbering of
section 7 as 8 by Pub. L. 95-295, 1(4).
1986 -- Pub. L. 99-659 inserted provision authorizing appropriations
for each of fiscal years 1986, 1987, and 1988.
1983 -- Pub. L. 97-453 substituted ''1982, 1983, 1984, and 1985''
for ''and 1982''.
1978 -- Pub. L. 95-295 inserted provision authorizing appropriations
of $5,000,000 for each of fiscal years 1980 to 1982, and substituted
''$4,000,000'' for ''$3,000,000''.
1976 -- Pub. L. 94-343 inserted provision authorizing appropriations
for period beginning July 1, 1976, and ending Sept. 30, 1979, the sum
of $3,000,000.
16 USC 759. Omitted
TITLE 16 -- CONSERVATION
Section, act Aug. 18, 1949, ch. 478, 2, 63 Stat. 616, authorized
the Secretary of the Interior through the Fish and Wildlife Service to
undertake an Atlantic Coast shad study, prescribed a $75,000 per annum
cost limitation for a six year period, and authorized transfer to such
Service from Federal agencies or corporations surplus boats or equipment
for conduct of the studies.
Section 4 of act Aug. 18, 1949 authorized appropriations for
carrying out the purposes of act Aug. 18, 1949.
16 USC 760. Establishment of rearing ponds and fish hatchery in
Kentucky
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to construct, equip,
maintain, and operate rearing ponds and a fish hatchery at a suitable
location in Kentucky.
(July 18, 1950, ch. 465, 1, 64 Stat. 343.)
16 USC 760-1. Kentucky fish hatchery; authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time, out
of any moneys in the Treasury not otherwise appropriated, such sums as
may be necessary to carry out the purposes of section 760 of this title.
(July 18, 1950, ch. 465, 2, 64 Stat. 343.)
In addition to enacting this section, section 2 of act July 18, 1950,
authorized a maximum appropriation of $275,000 for the acquisition of
lands and water rights or interests therein and the construction and
equipment of the station provided for by section 760.
16 USC 760-2. Establishment of fish hatchery in Montana
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to establish, construct,
equip, operate, and maintain a new fish hatchery in the vicinity of
Miles City, Montana.
(June 4, 1956, ch. 366, 1, 70 Stat. 247.)
Pub. L. 99-432, 7, Oct. 1, 1986, 100 Stat. 990, provided that:
''Notwithstanding any other law, the Secretary of the Interior shall
convey to the State of Montana, without reimbursement to the United
States and no later than thirty days following enactment of this
legislation (Oct. 1, 1986), all of the rights (including all water
rights), title, and interest of the United States in and to the fish
hatchery property located south of Miles City, Montana, and known as the
Miles City National Fish Hatchery, consisting of 168.22 acres, more or
less, of land, together with any improvements and related personal
property thereon. The property conveyed shall be used by the Montana
Department of Fish, Wildlife and Parks as part of the Montana fishery
resources management program. If the property conveyed is ever used for
other than these purposes, title to such property shall revert to the
United States.''
Similar provisions were contained in Pub. L. 99-500, 101(h) (title
I, 112), Oct. 18, 1986, 100 Stat. 1783-242, 1783-262, and Pub. L.
99-591, 101(h) (title I, 112), Oct. 30, 1986, 100 Stat. 3341-242,
3341-262.
Section 2 of act June 4, 1956, authorized an appropriation of
$465,000 to carry out this section.
16 USC 760-3. Establishment of trout hatchery in Pisgah National
Forest
TITLE 16 -- CONSERVATION
The Secretary of the Interior, after consulting with the Secretary of
Agriculture, shall establish, construct, equip, operate, and maintain a
trout hatchery at an appropriate location on the Davidson River in the
Pisgah National Forest, North Carolina.
(June 18, 1956, ch. 404, 1, 70 Stat. 292.)
Section 2 of act June 18, 1956, authorized the appropriation of
$375,000 to carry out the purposes of this section.
16 USC 760-4. Establishment of trout hatchery at Pittsford, Vermont
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall develop, reconstruct, equip,
operate, and maintain the Federal fish hatchery, known as the Holden
trout hatchery, at Pittsford, Vermont, in accordance with the program
established by the Fish and Wildlife Service, Department of the
Interior, for the improvement of such hatchery.
(Aug. 1, 1956, ch. 845, 1, 70 Stat. 897.)
Section 2 of act Aug. 1, 1956, authorized the appropriation of
$220,000 to carry out the provisions of this section.
16 USC 760-5. Establishment of fish hatchery at Paint Bank, Virginia
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to
construct, equip, maintain, and operate a new fish hatchery in the
vicinity of Paint Bank, Virginia.
(Aug. 3, 1956, ch. 943, 1, 70 Stat. 1020.)
16 USC 760-6. Virginia fish hatchery; authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out section 760-5 of this title.
(Aug. 3, 1956, ch. 943, 2, 70 Stat. 1020.)
16 USC 760-7. Establishment of fish hatchery in West Virginia
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to establish, construct,
equip, operate, and maintain a new fish hatchery in the State of West
Virginia.
(Aug. 6, 1956, ch. 978, 1, 70 Stat. 1057.)
16 USC 760-8. West Virginia fish hatchery; authorization of
appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of section 760-7 of this title.
(Aug. 6, 1956, ch. 978, 2, 70 Stat. 1057.)
16 USC 760-9. Establishment of fish hatchery in Pennsylvania
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to establish, construct,
equip, operate, and maintain a new fish hatchery in the northwestern
part of the State of Pennsylvania.
(Pub. L. 86-205, 1, Aug. 25, 1959, 73 Stat. 430.)
16 USC 760-10. Pennsylvania fish hatchery; authorization of
appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of section 760-9 of this title.
(Pub. L. 86-205, 2, Aug. 25, 1959, 73 Stat. 430.)
16 USC 760-11. Acceptance and development of fish hatchery in South
Carolina
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion and
upon such terms and conditions as he shall consider to be in the public
interest, to accept by donation on behalf of the United States, title to
the Orangeburg County, South Carolina, fish hatchery, together with the
right to take adequate water from Orangeburg County Lake therefor. The
Secretary is authorized to rehabilitate and expand the rearing ponds and
other hatchery facilities, to purchase lands adjoining such station in
connection with the rehabilitation and expansion of such facilities, and
to equip, operate, and maintain said fish hatchery.
(Pub. L. 86-572, 1, July 5, 1960, 74 Stat. 311.)
16 USC 760-12. South Carolina fish hatchery; authorization of
appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such funds as may be
necessary to carry out the purposes of section 760-11 of this title.
(Pub. L. 86-572, 2, July 5, 1960, 74 Stat. 311.)
16 USC 760a. Atlantic Coast fish study for development and protection
of fish resources
TITLE 16 -- CONSERVATION
The Secretary of Commerce is directed to undertake a comprehensive
continuing study of species of fish of the Atlantic coast, including
bays, sounds, and tributaries, for the purpose of recommending to the
States of such coast appropriate measures for the development and
protection of such resources and their wisest utilization, whether for
sports or commercial fishing or both, including the limitations on
season, take per unit of time, per man, or per gear, or such other
recommendations as will most effectively provide for the public the
maximum production and utilization of such fish consistent with the
maintenance of an adequate brood reserve.
(Aug. 25, 1950, ch. 782, 1, 64 Stat. 474; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
16 USC 760b. Equipment for studies; cooperation of Federal
departments and agencies
TITLE 16 -- CONSERVATION
The Secretary is directed to make application through appropriate
channels to other Federal departments or agencies for such boats and
other equipment in custody of such departments or agencies as may be
suitable for studies authorized hereunder, and such Federal departments
and agencies are authorized to transfer such boats and other equipment
to the Department of Commerce without reimbursement of funds.
(Aug. 25, 1950, ch. 782, 2, 64 Stat. 474; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
''Department of Commerce'' substituted in text for ''Department of
the Interior'' in view of transfer of functions to Secretary of Commerce
from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note
set out under section 755 of this title.
16 USC 760c. Studies; authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated from time to time, out of any
moneys in the Treasury not otherwise appropriated, such sums, not in
excess of $250,000 per annum, as may be necessary to carry out the
purposes and objectives of sections 760a to 760c of this title.
(Aug. 25, 1950, ch. 782, 3, 64 Stat. 474.)
16 USC 760d. Grants for education and training of personnel in the
field of commercial fishing
TITLE 16 -- CONSERVATION
(a) Public and private nonprofit universities and colleges
The Secretary of Commerce is authorized to make grants, out of funds
appropriated for the purposes of this section, to public and nonprofit
private universities and colleges in the several States and Territories
of the United States for such purposes as may be necessary to promote
the education and training of professionally trained personnel
(including scientists, technicians, and teachers) needed in the field of
commercial fishing. Any amount appropriated for the purposes of this
section shall be apportioned on an equitable basis, as determined by the
Secretary of Commerce, among the several States and Territories for the
purpose of making grants within each such State and Territory. In
making such apportionment the Secretary of Commerce shall take into
account the extent of the fishing industry within each State and
Territory as compared with the total fishing industry of the United
States (including Territories), and such other factors as may be
relevant in view of the purposes of this section.
(b) Authorization of appropriations
There are authorized to be appropriated not in excess of $550,000 for
the fiscal year beginning on July 1, 1955, and for each fiscal year
thereafter for the purposes of this section.
(c) Regulations
The Secretary of Commerce may establish such regulations as may be
necessary to carry out the provisions of this section.
(Aug. 8, 1956, ch. 1039, 1, 70 Stat. 1126; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
16 USC 760e. Study of migratory game fish; waters; research;
purpose
TITLE 16 -- CONSERVATION
The Secretary of Commerce is directed to undertake a comprehensive
continuing study of the migratory marine fish of interest to
recreational fishermen of the United States, including species
inhabiting the offshore waters of the United States and species which
migrate through or spend a part of their lives in the inshore waters of
the United States. The study shall include, but not be limited to,
research on migrations, identity of stocks, growth rates, mortality
rates, variations in survival, environmental influences, both natural
and artificial, including pollution, and effects of fishing on the
species, for the purpose of developing wise conservation policies and
constructive management activities.
(Pub. L. 86-359, 1, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg. Plan
No. 4, 1(b), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
16 USC 760f. Migratory game fish study; authorization to acquire
facilities, employ officers and employees, cooperate with State and
other agencies, and to publish results
TITLE 16 -- CONSERVATION
For the purpose of carrying out the provisions of sections 760e to
760g of this title, the Secretary of Commerce is authorized (1) to
acquire lands, construct laboratory or other buildings, purchase boats,
acquire such other equipment and apparatus, and to employ such officers
and employees as he deems necessary; (2) to cooperate or contract with
State and other institutions and agencies upon such terms and conditions
as he determines to be appropriate; and (3) to make public the results
of such research conducted pursuant to section 760e of this title.
(Pub. L. 86-359, 2, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg. Plan
No. 4, 1(b), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
16 USC 760g. Authorization of appropriations for migratory game fish
study
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 760e to 760g of this
title: Provided, That no more than $2,700,000 be appropriated for this
purpose in any one fiscal year.
(Pub. L. 86-359, 3, Sept. 22, 1959, 73 Stat. 643.)
16 USC 760h to 760l. Omitted
TITLE 16 -- CONSERVATION
Section 760h, Pub. L. 87-173, 1, Aug. 30, 1961, 75 Stat. 409,
provided for establishment of shellfisheries research center at Milford,
Connecticut and included a statement of purpose.
Section 760i, Pub. L. 87-173, 2, Aug. 30, 1961, 75 Stat. 409,
authorized appropriation of $1,325,000 to carry out section 760h of this
title.
Section 760j, Pub. L. 87-580, 1, Aug. 9, 1962, 76 Stat. 356,
related to propagation of disease resistant oysters, acquisition of
brood stock, transfer and distribution, and for State sharing of costs.
Section 760k, Pub. L. 87-580, 2, Aug. 9, 1962, 76 Stat. 356,
authorized grants to States for research and other necessary activities
in development and propagation of disease-resistant strains of oysters
and conditions of such grants.
Section 760l, Pub. L. 87-580, 3, Aug. 9, 1962, 76 Stat. 357,
authorized appropriation of $100,000 to carry out sections 760j to 760l
of this title.
16 USC CHAPTER 10 -- NORTHERN PACIFIC HALIBUT FISHING
TITLE 16 -- CONSERVATION
Sec.
761 to 769. Omitted.
771 to 771j. Omitted.
772 to 772j. Repealed.
773. Definitions.
773a. International Pacific Halibut Commission.
(a) United States Commissioners.
(b) Alternate United States Commissioners.
773b. Acceptance or rejection of Commission recommendations.
773c. General responsibility.
(a) Secretary of Commerce.
(b) Adoption of regulations; cooperation with Canadian officials.
(c) Regional Fishery Management Council involvement.
773d. Cooperation of Federal agencies.
773e. Prohibited acts.
773f. Civil penalties.
(a) Liability; continuing violations; notice; determination of
amount.
(b) Judicial review.
(c) Recovery of assessed penalties by Attorney General.
(d) Compromise, modification, and remission of penalties.
773g. Crimes and criminal penalties.
(a) Offenses.
(b) Fines; imprisonment.
(c) Federal jurisdiction.
773h. Forfeitures.
(a) Civil forfeiture proceeding.
(b) United States district court jurisdiction.
(c) Seizure of forfeited property.
(d) Bond or other security; disposal of seized fish.
(e) Presumption of violation.
773i. Administration and enforcement.
(a) Secretary of Commerce and Secretary of department in which Coast
Guard is operating.
(b) Arrest, search and inspection, seizure; execution of warrants or
other process.
(c) Citation of owner or operator of offending vessel.
(d) United States district court jurisdiction.
(e) Witnesses; records and files.
(f) Investigations by Secretary of Commerce; powers; process.
773j. Authorization of appropriations.
773k. Location of office space and other facilities on or near
University of Washington campus in State of Washington.
16 USC SUBCHAPTER I -- NORTHERN PACIFIC HALIBUT ACT OF 1924
TITLE 16 -- CONSERVATION
16 USC 761 to 769. Omitted
TITLE 16 -- CONSERVATION
Sections, act June 7, 1924, ch. 345, 1-10, 12, 43 Stat. 648-650,
constituting the Northern Pacific Halibut Act of 1924, are covered by
act May 17, 1982, Pub. L. 97-176, 1-13, 96 Stat. 78-84, incorporated
in sections 773 to 773k of this title.
16 USC SUBCHAPTER II -- NORTHERN PACIFIC HALIBUT ACT OF 1932
TITLE 16 -- CONSERVATION
16 USC 771 to 771j. Omitted
TITLE 16 -- CONSERVATION
Sections, act May 2, 1932, ch. 154, 1-11, 47 Stat. 142-144,
constituting the Northern Pacific Halibut Act of 1932, are covered by
act May 17, 1982, Pub. L. 97-176, 1-13, 96 Stat. 78-84, incorporated
in sections 773 to 773k of this title.
16 USC SUBCHAPTER III -- NORTHERN PACIFIC HALIBUT ACT OF 1937
TITLE 16 -- CONSERVATION
16 USC 772 to 772j. Repealed. Pub. L. 97-176, 14, May 17, 1982, 96
Stat. 84
TITLE 16 -- CONSERVATION
Section 772, act June 28, ch. 392, 1, 50 Stat. 325, provided that
this subchapter may be cited as the ''Northern Pacific Halibut Act of
1937''. See section 1 of Pub. L. 97-176, set out as a Short Title note
under section 773 of this title, for the short title of the successor
Northern Pacific Halibut Act of 1982.
Section 772a, acts June 28, 1937, ch. 392, 2, 50 Stat. 325; Aug.
8, 1953, ch. 382, 67 Stat. 494, defined ''Convention'',
''Commission'', ''person'', ''Territorial waters of the United States'',
''Territorial waters of Canada'', ''Convention waters'', ''halibut'',
and ''vessel''. See section 773 of this title.
Section 772b, act June 28, 1937, ch. 392, 3, 50 Stat. 326,
enumerated the unlawful acts under the terms of the Northern Pacific
Halibut Act of 1937. See section 773e of this title.
Section 772c, act June 28, 1937, ch. 392, 4, 50 Stat. 327, related
to the duty of the owner or master of vessels to keep records and
reports and to make them available for inspection.
Section 772d, act June 28, 1937, ch. 392, 5, 50 Stat. 327; 1939
Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433; 1940 Reorg. Plan No. III, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, related to enforcement, arrest and seizure of
offending persons and vessels, detention, and use of the testimony of
Federal officers and employees. See section 773i of this title.
Section 772e, act June 28, 1937, ch. 392, 6, 50 Stat. 328; 1939
Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84
Stat. 2090, related to penalties and forfeitures. See sections 773f to
773h of this title.
Section 772f, act June 28, 1937, ch. 392, 7, 50 Stat. 328; 1939
Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84
Stat. 2090, related to penalties relative to records and reports.
Section 772g, act June 28, 1937, ch. 392, 8, 50 Stat. 328,
exempted the Commission and its agents when engaged in scientific
investigations from the prohibitions of the subchapter.
Section 772h, act June 28, 1937, ch. 392, 9, 50 Stat. 328; 1939
Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84
Stat. 2090, authorized promulgation of rules and regulations. See
section 773c of this title.
Section 772i, act June 28, 1937, ch. 392, 10, 50 Stat. 328, set
the effective date for the Northern Pacific Halibut Act of 1937 as the
date of exchange of ratifications of the Convention of January 29, 1937,
signed by the United States and Canada (July 28, 1937).
Section 772j, act June 28, 1937, ch. 392, 11, as added Oct. 1,
1965, Pub. L. 89-233, 79 Stat. 902, provided for the location of
office facilities on or near the campus of the University of Washington.
See section 773k of this title.
Section 14 of Pub. L. 97-176 provided that the Northern Pacific
Halibut Act of 1937 (sections 772 to 772j of this title) is repealed
effective as of the 90th day after the date of enactment of Pub. L.
97-176 (May 17, 1982).
16 USC SUBCHAPTER IV -- NORTHERN PACIFIC HALIBUT ACT OF 1982
TITLE 16 -- CONSERVATION
16 USC 773. Definitions
TITLE 16 -- CONSERVATION
As used in this subchapter the term:
(a) ''Convention'' means the Convention between the United States of
America and Canada for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March
2, 1953, as amended by the Protocol Amending the Convention, signed at
Washington March 29, 1979, and includes the regulations promulgated
thereunder.
(b) ''Commission'' means the International Pacific Halibut Commission
provided for by article III of the Convention.
(c) ''Fishery conservation zone'' means the fishery conservation zone
of the United States established by section 1811 /1/ of this title.
(d) ''Convention waters'' means the maritime areas off the west coast
of the United States and Canada described in article I of the
Convention.
(e) ''Halibut'' means fish of the species Hippoglossus stenolepis
inhabiting Convention waters.
(f) ''Fishing vessel'' means --
(1) any vessel engaged in catching fish in Convention waters or in
processing or transporting fish loaded in Convention waters;
(2) any vessel outfitted to engage in any activity described in
paragraph (1); or
(3) any vessel in normal support of any vessel described in paragraph
(1) or (2).
(g) ''Secretary'' means the Secretary of Commerce.
(Pub. L. 97-176, 2, May 17, 1982, 96 Stat. 78; Pub. L. 102-251,
title III, 302(a), Mar. 9, 1992, 106 Stat. 64.)
Pub. L. 102-251, title III, 302(a), 308, Mar. 9, 1992, 106 Stat.
64, 66, provided that, effective on the date on which the Agreement
between the United States and the Union of Soviet Socialist Republics on
the Maritime Boundary, signed June 1, 1990, enters into force for the
United States, with authority to prescribe implementing regulations
effective Mar. 9, 1992, but with no such regulation to be effective
until the date on which the Agreement enters into force for the United
States, section is amended by amending subsection (c) generally and
adding subsection (h) to read as follows:
(c) ''Exclusive economic zone'' means the zone established by
Proclamation Numbered 5030, dated March 10, 1983. For purposes of
applying this subchapter, the inner boundary of that zone is a line
coterminous with the seaward boundary of each of the coastal States.
(h) ''Special areas'' means the areas referred to as eastern special
areas in Article 3(1) of the Agreement between the United States of
America and the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990; in particular, the term refers to those
areas east of the maritime boundary, as defined in that Agreement, that
lie within 200 nautical miles of the baselines from which the breadth of
the territorial sea of Russia is measured but beyond 200 nautical miles
of the baselines from which the breadth of the territorial sea of the
United States is measured.
Section 1811 of this title, referred to in subsec. (c), which
established the fishery conservation zone, was amended generally by Pub.
L. 99-659, title I, 101(b), Nov. 14, 1986, 100 Stat. 3706, and now
relates to United States sovereign rights to fish and fishery management
authority within the exclusive economic zone.
Proclamation Numbered 5030, referred to in subsec. (c), is Proc.
No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note
under section 1453 of this title.
Section 308 of title III of Pub. L. 102-251 provided that:
''(a) In General. -- The amendment made by section 301(e)(3)
(amending section 1822 of this title) takes effect on the date of
enactment of this Act (Mar. 9, 1992), and the amendments made by the
other provisions of this title (amending this section and sections 773e,
1151, 1362, 1801, 1802, 1811, 1821, 1822, 1824, 1853, 1857, 1861, 3631,
and 3636 of this title and sections 1122 and 1124a of Title 33,
Navigation and Navigable Waters), except as provided in subsection (b),
shall be effective on the date on which the Agreement between the United
States and the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990, enters into force for the United States.
''(b) Authority To Prescribe Regulations. -- The authority to
prescribe regulations to implement the amendments made by this title
shall be effective on the date of enactment of this Act (Mar. 9, 1992),
but no such regulation may be effective until the date on which the
Agreement described in subsection (a) enters into force for the United
States.''
Section 1 of Pub. L. 97-176 provided: ''That this Act (enacting
this subchapter and repealing subchapter III of this chapter) may be
cited as the 'Northern Pacific Halibut Act of 1982'.''
/1/ See References in Text note below.
16 USC 773a. International Pacific Halibut Commission
TITLE 16 -- CONSERVATION
(a) United States Commissioners
The United States shall be represented on the Commission by three
United States Commissioners to be appointed by the President and to
serve at his pleasure. The Commissioners shall receive no compensation
for their services as Commissioners. Each United States Commissioner
shall be appointed for a term of office not to exceed 2 years, but is
eligible for reappointment. Any United States Commissioner may be
appointed for a term of less than 2 years if such appointment is
necessary to ensure that the terms of office of not more than two
Commissioners will expire in any 1 year. A vacancy among the United
States Commissioners shall be filled by the President in the manner in
which the original appointment was made, but any Commissioner appointed
to fill a vacancy occurring before the expiration of the term for which
the Commissioner's predecessor was appointed shall be appointed only for
the remainder of such term. Of the Commissioners --
(1) one shall be an official of the National Oceanic and Atmospheric
Administration; and
(2) two shall be knowledgeable or experienced concerning the Northern
Pacific halibut fishery; of these, one shall be a resident of Alaska
and the other shall be a nonresident of Alaska. Of the three
commissioners described in paragraphs (1) and (2), one shall be a voting
member of the North Pacific Fishery Management Council.
(3) Commissioners shall not be considered Federal employees except
for the purposes of injury compensation or tort claims liability as
provided in section 8101 et seq. of title 5 and section 2671 et seq.
of title 28. This subsection shall take effect on the 90th day after
May 17, 1982.
(b) Alternate United States Commissioners
The Secretary of State, in consultation with the Secretary, may
designate from time to time alternate United States Commissioners to the
commission. An Alternate United States Commissioner may exercise, at
any meeting of the Commission, all powers and duties of a United States
Commissioner in the absence of a duly designated Commissioner for
whatever reason. The number of such alternate United States
Commissioners that may be designated for any such meeting shall be
limited to the number of authorized United States Commissioners that
will not be present.
(Pub. L. 97-176, 3, May 17, 1982, 96 Stat. 78.)
16 USC 773b. Acceptance or rejection of Commission recommendations
TITLE 16 -- CONSERVATION
The Secretary of State, with the concurrence of the Secretary, may
accept or reject, on behalf of the United States, recommendations made
by the Commission in accordance with article III of the Convention and
paragraphs 14 and 15 of the annex to the Convention.
(Pub. L. 97-176, 4, May 17, 1982, 96 Stat. 79.)
16 USC 773c. General responsibility
TITLE 16 -- CONSERVATION
(a) Secretary of Commerce
The Secretary shall have general responsibility to carry out the
Convention and this subchapter.
(b) Adoption of regulations; cooperation with Canadian officials
In fulfilling this responsibility, the Secretary --
(1) shall, in consultation with the Secretary of the department in
which the Coast Guard is operating, adopt such regulations as may be
necessary to carry out the purposes and objectives of the Convention and
this subchapter; and
(2) may, with the concurrence of the Secretary of State, cooperate
with the duly authorized officials of the Government of Canada.
(c) Regional Fishery Management Council involvement
The Regional Fishery Management Council having authority for the
geographic area concerned may develop regulations governing the United
States portion of Convention waters, including limited access
regulations, applicable to nationals or vessels of the United States, or
both, which are in addition to, and not in conflict with regulations
adopted by the Commission. Such regulations shall only be implemented
with the approval of the Secretary, shall not discriminate between
residents of different States, and shall be consistent with the limited
entry criteria set forth in section 1853(b)(6) of this title. If it
becomes necessary to allocate or assign halibut fishing privileges among
various United States fishermen, such allocation shall be fair and
equitable to all such fishermen, based upon the rights and obligations
in existing Federal law, reasonably calculated to promote conservation,
and carried out in such manner that no particular individual,
corporation, or other entity acquires an excessive share of the halibut
fishing privileges: Provided, That the Regional Council may provide for
the rural coastal villages of Alaska the opportunity to establish a
commercial halibut fishery in areas in the Bering Sea to the north of 56
degrees north latitude during a 3 year development period.
(Pub. L. 97-176, 5, May 17, 1982, 96 Stat. 79.)
16 USC 773d. Cooperation of Federal agencies
TITLE 16 -- CONSERVATION
Any agency of the Federal Government is authorized upon request of
the Commission, to cooperate in the conduct of scientific and other
programs, and to furnish on a reimbursable basis, facilities and
personnel for the purposes of assisting the Commission in carrying out
its duties under the Convention. Such agency may accept reimbursement
from the Commission.
(Pub. L. 97-176, 6, May 17, 1982, 96 Stat. 80.)
16 USC 773e. Prohibited acts
TITLE 16 -- CONSERVATION
It is unlawful --
(a) for any person subject to the jurisdiction of the United States
--
(1) to violate any provision of the Convention, this subchapter or
any regulation adopted under this subchapter;
(2) to refuse to permit any enforcement officer to board a fishing
vessel subject to such person's control for purposes of conducting any
search or inspection in connection with the enforcement of the
Convention, this subchapter or any regulation adopted under this
subchapter;
(3) to forcibly assault, resist, oppose, impede, intimidate or
interfere with any enforcement officer in the conduct of any search or
inspection described in paragraph (2);
(4) to resist a lawful arrest or detention for any act prohibited by
this section;
(5) to ship, transport, offer for sale, sell, purchase, import,
export or have custody, control or possession of, any fish taken or
retained in violation of the Convention, this subchapter, or any
regulation adopted under this subchapter; or
(6) to interfere with, delay or prevent, by any means, the
apprehension, arrest or detention of another person, knowing that such
person has committed any act prohibited by this section.
(b) for any foreign fishing vessel, and for the owner or operator of
any foreign fishing vessel, to engage in fishing for halibut in the
fishery conservation zone, unless such fishing is authorized by, and
conducted in accordance with the Convention, this subchapter and
regulations adopted under this subchapter.
(Pub. L. 97-176, 7, May 17, 1982, 96 Stat. 80; Pub. L. 102-251,
title III, 302(b), Mar. 9, 1992, 106 Stat. 65.)
Pub. L. 102-251, title III, 302(b), 308, Mar. 9, 1992, 106 Stat.
65, 66, provided that, effective on the date on which the Agreement
between the United States and the Union of Soviet Socialist Republics on
the Maritime Boundary, signed June 1, 1990, enters into force for the
United States, with authority to prescribe implementing regulations
effective Mar. 9, 1992, but with no such regulation to be effective
until the date on which the Agreement enters into force for the United
States, subsection (b) is amended by substituting ''exclusive economic
zone or special areas'' for ''fishery conservation zone''.
Amendment by Pub. L. 102-251 effective on date on which Agreement
between United States and Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990, enters into force for United
States, with authority to prescribe implementing regulations effective
Mar. 9, 1992, but with no such regulation to be effective until date on
which Agreement enters into force for United States, see section 308 of
Pub. L. 102-251, set out as a note under section 773 of this title.
16 USC 773f. Civil penalties
TITLE 16 -- CONSERVATION
(a) Liability; continuing violations; notice; determination of
amount
Any person who is found by the Secretary, after notice and
opportunity for a hearing in accordance with section 554 of title 5, to
have committed an act prohibited by section 773e of this title shall be
liable to the United States for a civil penalty. The amount of the
civil penalty shall not exceed $25,000 for each violation. Each day of
a continuing violation shall constitute a separate offense. The amount
of such civil penalty shall be assessed by the Secretary, or his
designee, by written notice. In determining the amount of such penalty,
the Secretary shall take into account the nature, circumstances, extent,
and gravity of the prohibited acts committed and, with respect to the
violation, the degree of culpability, and history of prior offenses,
ability to pay, and such other matters as justice may require.
(b) Judicial review
Any person against whom a civil penalty is assessed under subsection
(a) of this section may obtain review thereof in the appropriate court
of the United States by filing a notice of appeal in such court within
30 days from the date of such order and by simultaneously sending a copy
of such notice by certified mail to the Secretary and the Attorney
General. The Secretary shall promptly file in such court a certified
copy of the record upon which such violation was found or such penalty
imposed, in accordance with rules prescribed pursuant to section 2112 of
title 28. The findings and order of the Secretary shall be set aside by
such court if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5.
(c) Recovery of assessed penalties by Attorney General
If any person fails to pay an assessment of a civil penalty after it
has become a final and unappealable order, or after the appropriate
court has entered final judgment in favor of the Secretary, the
Secretary shall refer the matter to the Attorney General of the United
States, who shall recover the amount assessed in any appropriate
district court of the United States. In such action, the validity and
appropriateness of the final order imposing the civil penalty shall not
be subject to review.
(d) Compromise, modification, and remission of penalties
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or which
has been imposed under this section.
(Pub. L. 97-176, 8, May 17, 1982, 96 Stat. 80.)
16 USC 773g. Crimes and criminal penalties
TITLE 16 -- CONSERVATION
(a) Offenses
A person is guilty of any /1/ offense if he commits an act prohibited
by section 773e(a)(2), (3), (4), or (6) of this title; or section
773e(b) of this title.
(b) Fines; imprisonment
Any offense described in subsection (a) of this section is punishable
by a fine of not more than $50,000 or imprisonment for not more than 6
months, or both; except that if in the commission of any offense the
person uses a dangerous weapon, engages in conduct that causes bodily
injury to any officer authorized to enforce the provisions of this
subchapter, or places any such officer in fear of imminent bodily injury
the offense is punishable by a fine of not more than $100,000, or
imprisonment for not more than 10 years or both.
(c) Federal jurisdiction
There is Federal jurisdiction over any offense described in this
section.
(Pub. L. 97-176, 9, May 17, 1982, 96 Stat. 81.)
/1/ So in original. Probably should be ''an''.
16 USC 773h. Forfeitures
TITLE 16 -- CONSERVATION
(a) Civil forfeiture proceeding
Any fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used, and any fish taken or retained,
in any manner, in connection with or as a result of the commission of
any act prohibited by section 773e of this title shall be subject to
forfeiture to the United States. All or part of such vessel may, and
all such fish shall, be forfeited to the United States pursuant to a
civil proceeding under this section.
(b) United States district court jurisdiction
Any district court of the United States shall have jurisdiction, upon
application by the Attorney General on behalf of the United States, to
order any forfeiture authorized under subsection (a) of this section and
any action provided for under subsection (d) of this section.
(c) Seizure of forfeited property
If a judgment is entered for the United States in a civil forfeiture
proceeding under this section, the Attorney General may seize any
property or other interest declared forfeited to the United States,
which has not previously been seized pursuant to this subchapter or for
which security has not previously been obtained under subsection (d) of
this section. The provisions of the customs laws relating to --
(1) the disposition of forfeited property;
(2) the proceeds from the sale of forfeited property;
(3) the remission or mitigation of forfeitures; and
(4) the compromise of claims;
shall apply to any forfeiture ordered, and to any case in which
forfeiture is alleged to be authorized, under this section, unless such
provisions are inconsistent with the purposes, policy, and provisions of
this subchapter. The duties and powers imposed upon the Commissioner of
Customs or other persons under such provisions shall, with respect to
this subchapter, be performed by officers or other persons designated
for such purpose by the Secretary.
(d) Bond or other security; disposal of seized fish
(1) Any officer authorized to serve any process in rem which is
issued by a court having jurisdiction under section 773i(d) of this
title shall --
(A) stay the execution of such process; or
(B) discharge any fish seized pursuant to such process;
upon the receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security shall be
conditioned upon such person delivering such property to the appropriate
court upon order thereof, without any impairment of its value, or paying
the monetary value of such property pursuant to an order of such court.
Judgment shall be recoverable on such bond or other security against
both the principal and any sureties in the event that any condition
thereof is breached, as determined by such court.
(2) Any fish seized pursuant to this subchapter may be disposed of
pursuant to the order of a court of competent jurisdiction or, if
perishable, in a manner prescribed by regulations of the Secretary or
the Secretary of the department in which the Coast Guard is operating.
(e) Presumption of violation
For purposes of this section, it shall be a rebuttable presumption
that all fish found on board a fishing vessel which is seized in
connection with an act prohibited by section 773e of this title were
taken or retained in violation of the Convention and this subchapter.
(Pub. L. 97-176, 10, May 17, 1982, 96 Stat. 81.)
16 USC 773i. Administration and enforcement
TITLE 16 -- CONSERVATION
(a) Secretary of Commerce and Secretary of department in which Coast
Guard is operating
The Convention, this subchapter, and any regulation adopted under
this subchapter, shall be enforced by the Secretary and the Secretary of
the department in which the Coast Guard is operating. Such Secretaries
may, by agreement, on a reimbursable basis or otherwise, utilize the
personnel, services, equipment (including aircraft and vessels), and
facilities of any other Federal agency, and of any State agency, in the
performance of such duties.
(b) Arrest, search and inspection, seizure; execution of warrants or
other process
Any officer who is authorized by the Secretary, the Secretary of the
department in which the Coast Guard is operating, or the head of any
Federal or State agency which has entered into an agreement with such
Secretaries under subsection (a) of this section to enforce the
Convention, this subchapter or any regulation adopted under this
subchapter may --
(1) with or without a warrant or other process --
(A) arrest any person, if he has reasonable cause to believe that
such person has committed an act prohibited by section 773e of this
title;
(B) board, and search or inspect, any fishing vessel which is subject
to this subchapter;
(C) at reasonable times enter, and search or inspect, shoreside
facilities in which fish taken subject to this subchapter are processed,
packed or held;
(D) seize any fishing vessel (together with its fishing gear,
furniture, appurtenances, stores, and cargo) used or employed in, or
with respect to which it reasonably appears that such vessel was used or
employed in, an act prohibited by section 773e of this title;
(E) seize any fish (wherever found) taken or retained in the course
of an act prohibited by section 773e of this title, or the proceeds of
the sale of such fish; and
(F) seize any other evidence related to an act prohibited by section
773e of this title;
(2) execute any warrant or other process issued by any court of
competent jurisdiction; and
(3) exercise any other lawful authority.
(c) Citation of owner or operator of offending vessel
If any officer authorized to enforce this subchapter (as provided for
in this section) finds that a fishing vessel is operating or has been
operated in the commission of an act prohibited by section 773e of this
title, such officer may, in accordance with regulations issued jointly
by the Secretary and the Secretary of the department in which the Coast
Guard is operating, issue a citation to the owner or operator of such
vessel in lieu of proceeding under subsection (b) of this section. If a
permit has been issued pursuant to this subchapter for such vessel, such
officer shall note the issuance of any citation under this subsection,
including the date thereof and the reason therefor, on the permit. The
Secretary shall maintain a record of all citations issued pursuant to
this subsection.
(d) United States district court jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under this subchapter.
Any such court may, at any time --
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem or other process;
(3) prescribe and accept satisfactory bonds or other security; and
(4) take such other actions as are in the interest of justice.
(e) Witnesses; records and files
When requested by the appropriate authorities of Canada, officers or
employees of the Coast Guard, the National Oceanic and Atmospheric
Administration or any other agency of the United States may be directed
to attend as a witness, and to produce such available records and files
or duly certified copies thereof as may be necessary for the prosecution
in Canada of any violation of the Convention or any Canadian law
relating to the enforcement thereof.
(f) Investigations by Secretary of Commerce; powers; process
(1) In cooperation with such other agencies as may be appropriate,
the Secretary may conduct or cause to be conducted such law enforcement
investigations as are deemed necessary to carry out the purposes of this
subchapter.
(2) For the purpose of all investigations which, in the opinion of
the Secretary, are necessary and proper for the enforcement of this
subchapter, the Secretary or any officer designated by him is empowered
to administer oaths and affirmations, subpena witnesses, take evidence,
and require the production of any books, papers, or other documents
which the Secretary deems relevant or material to the inquiry. Such
attendance of witnesses and the production of such documentary evidence
may be required from any place in the United States at any designated
place or hearing.
(3) Process of the Secretary may be served by anyone duly authorized
by him either --
(A) by delivering a copy thereof to the individual to be served, or
to a member of the partnership to be served, or the president,
secretary, or other executive officer or a director of the corporation
to be served; or the agent designated for service of process;
(B) by leaving a copy thereof at the residence or the principal
office or place of business of such individual, partnership, or
corporation; or
(C) by mailing a copy thereof by registered or certified mail
addressed to such individual, partnership, or corporation at his or its
residence or principal office or place of business. The verified return
by the individual so serving such complaint, order, or other process
setting forth the manner of service shall be proof of same, and the
returned post office receipt for such complaint, order, or other process
mailed by registered or certified mail shall be proof of the service of
the same.
(Pub. L. 97-176, 11, May 17, 1982, 96 Stat. 82.)
16 USC 773j. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated for fiscal year 1983
and beyond, such sums as may be necessary for carrying out the
Convention and this subchapter, including --
(a) necessary travel expenses of the United States Commissioners or
alternate Commissioners; and
(b) the United States share of the joint expenses of the Commission:
Provided, That the Commissioners shall not, with respect to commitments
concerning the United States share of the joint expenses of the
Commission, be subject to section 262(b) /1/ of title 22 insofar as it
limits the authority of United States representatives to international
organizations with respect to such commitments.
(Pub. L. 97-176, 12, May 17, 1982, 96 Stat. 84.)
/1/ So in original. Probably should be section ''262b''.
16 USC 773k. Location of office space and other facilities on or near
University of Washington campus in State of Washington
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary for the Secretary of State to provide for fiscal year 1983 and
beyond, by contract, grant, or otherwise, facilities for office and any
other necessary space for the Commission. Such facilities shall be
located on or near the campus of the University of Washington in the
State of Washington and shall be provided without regard to the
cost-sharing provisions in the Convention.
(Pub. L. 97-176, 13, May 17, 1982, 96 Stat. 84.)
16 USC CHAPTER 10A -- SOCKEYE OR PINK SALMON FISHING
TITLE 16 -- CONSERVATION
16 USC 776 to 776f. Repealed. Pub. L. 99-5, 13, Mar. 15, 1985, 99
Stat. 15
TITLE 16 -- CONSERVATION
Section 776, acts July 29, 1947, ch. 345, 2, 61 Stat. 511; July
11, 1957, Pub. L. 85-102, 1-3, 71 Stat. 293, provided definitions
for this chapter. See section 3631 et seq. of this title.
Section 776a, acts July 29, 1947, ch. 345, 3, 61 Stat. 511; July
11, 1957, Pub. L. 85-102, 3, 71 Stat. 294, related to unlawful acts
by persons or vessels. See section 3631 et seq. of this title.
Section 776b, acts July 29, 1947, ch. 345, 4, 61 Stat. 512; July
11, 1957, Pub. L. 85-102, 3, 71 Stat. 294, related to penalties
imposed for the omission of or fraudulent returns, records, and reports.
See section 3631 et seq. of this title.
Section 776c, acts July 29, 1947, ch. 345, 5, 61 Stat. 512; July
11, 1957, Pub. L. 85-102, 3, 71 Stat. 294, related to penalties and
forfeitures, and procedures involving violations. See section 3631 et
seq. of this title.
Section 776d, acts July 29, 1947, ch. 345, 6, 61 Stat. 513; July
11, 1957, Pub. L. 85-102, 3, 71 Stat. 294; Oct. 17, 1968, Pub. L.
90-578, title IV, 402(b)(2), 82 Stat. 1118; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, provided enforcement
procedures for this chapter. See section 3631 et seq. of this title.
Section 776e, acts July 29, 1947, ch. 345, 7, 61 Stat. 514; July
11, 1957, Pub. L. 85-102, 4, 71 Stat. 294, related to the cooperation
of Federal agencies and the conduct of scientific investigations. See
section 3631 et seq. of this title.
Section 776f, acts July 29, 1947, ch. 345, 8, 61 Stat. 514; Oct.
18, 1972, Pub. L. 92-504, 86 Stat. 907, related to authorizations.
See section 3631 et seq. of this title.
Section 13 of Pub. L. 99-5 provided that the repeal of this chapter
is effective Dec. 31, 1985.
Section 10 of act July 29, 1947, which provided that this Act (this
chapter) shall be effective thirty days from the date of its approval
(July 29, 1947), was repealed by Pub. L. 99-5, 13, Mar. 15, 1985, 99
Stat. 15.
Section 1 of act July 29, 1947, as amended by Pub. L. 85-102, 3,
July 11, 1957, 71 Stat. 294, which provided that this Act (this
chapter) may be cited as the ''Sockeye Salmon or Pink Salmon Fishing Act
of 1947'', was repealed by Pub. L. 99-5, 13, Mar. 15, 1985, 99 Stat.
15.
Section 9 of act July 29, 1947, which provided that if any provision
of this Act (this chapter) is held invalid for any cause, such
invalidity shall not affect the other provisions hereof, was repealed by
Pub. L. 99-5, 13, Mar. 15, 1985, 99 Stat. 15.
16 USC CHAPTER 10B -- FISH RESTORATION AND MANAGEMENT PROJECTS
TITLE 16 -- CONSERVATION
Sec.
777. Federal-State relationships.
(a) Cooperation between Federal Government and State fish and game
departments; expenditure of funds.
(b) Allocation of amounts by coastal States between marine fish
projects and freshwater fish projects.
777a. Definitions.
777b. Authorization of appropriations.
777c. Division of annual appropriations.
(a) Initial distribution.
(b) Use of balance after distribution.
(c) Funds available for expenses of investigations and
administration.
(d) Apportionment among States.
(e) Unallocated funds.
777d. Certification of funds deducted for expenses and amounts
apportioned to States.
777e. Submission and approval of plans and projects.
(a) Apportionment of funds.
(b) ''Project'' defined.
(c) Costs.
(d) Agreements to finance initial costs of acquisition of lands and
construction of structures.
777e-1. New England Fishery Resources Restoration Act of 1990.
(a) Short title.
(b) Purposes.
(c) Implementation of fishery resource restoration plans.
(d) Fish passage study.
(e) New England rivers fish and wildlife inventory.
(f) Authorization of appropriations.
777f. Payments by United States.
(a) Payments and advances to States.
(b) Construction work; joint payments.
777g. Maintenance of projects.
(a) Duty of States; status of projects; title to property.
(b) Funding requirements.
(c) Aquatic resource education program; funding, etc.
(d) Pumpout stations and waste reception facilities.
777h. Employment of personnel.
777i. Rules and regulations.
777j. Repealed.
777k. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa, Commonwealth of the Northern
Mariana Islands, and Virgin Islands.
777l. State use of contributions.
title 26 section 9504; title 46 section 13101.
16 USC 777. Federal-State relationships
TITLE 16 -- CONSERVATION
(a) Cooperation between Federal Government and State fish and game
departments; expenditure of funds
The Secretary of the Interior is authorized and directed to cooperate
with the States through their respective State fish and game departments
in fish restoration and management projects as hereinafter set forth:
No money apportioned under this chapter to any State, except as
hereinafter provided, shall be expended therein until its legislature,
or other State agency authorized by the State constitution to make laws
governing the conservation of fish, shall have assented to the
provisions of this chapter and shall have passed laws for the
conservation of fish, which shall include a prohibition against the
diversion of license fees paid by fishermen for any other purpose than
the administration of said State fish and game department, except that,
until the final adjournment of the first regular session of the
legislature held after passage of this chapter, the assent of the
governor of the State shall be sufficient. The Secretary of the
Interior and the State fish and game department of each State accepting
the benefits of this chapter shall agree upon the fish restoration and
management projects to be aided in such State under the terms of this
chapter, and all projects shall conform to the standards fixed by the
Secretary of the Interior.
(b) Allocation of amounts by coastal States between marine fish
projects and freshwater fish projects
(1) In general
Subject to paragraph (2), each coastal State, to the extent
practicable, shall equitably allocate amounts apportioned to such State
under this chapter between marine fish projects and freshwater fish
projects in the same proportion as the estimated number of resident
marine anglers and the estimated number of resident freshwater anglers,
respectively, bear to the estimated number of all resident anglers in
that State.
(2) Preservation of freshwater project allocation at 1988 level
(A) Subject to subparagraph (B), the amount allocated by a State
pursuant to this subsection to freshwater fish projects for each fiscal
year shall not be less than the amount allocated by such State to such
projects for fiscal year 1988.
(B) Subparagraph (A) shall not apply to a State with respect to any
fiscal year for which the amount apportioned to the State under this
chapter is less than the amount apportioned to the State under this
chapter for fiscal year 1988.
(3) ''Coastal State'' defined
As used in this subsection, the term ''coastal State'' means any one
of the States of Alabama, Alaska, California, Connecticut, Delaware,
Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New York, North Carolina,
Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington.
The term also includes the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(Aug. 9, 1950, ch. 658, 1, 64 Stat. 430; July 18, 1984, Pub. L.
98-369, div. A, title X, 1014(a)(1), 98 Stat. 1015; Oct. 22, 1986,
Pub. L. 99-514, 2, 100 Stat. 2095; Sept. 28, 1988, Pub. L. 100-448,
6(c)(1), 102 Stat. 1840.)
1988 -- Subsec. (b). Pub. L. 100-448 substituted ''Allocation of
amounts by coastal States between marine fish projects and freshwater
fish projects'' for ''Allocation of funds by coastal States; formula;
'coastal State' defined'' in heading and amended text generally. Prior
to amendment, text read as follows: ''Each coastal State, to the extent
practicable, shall equitably allocate the following sums between marine
fish projects and freshwater fish projects in the same proportion as the
estimated number of resident marine anglers and the estimated number of
resident freshwater anglers, respectively, bear to the estimated number
of all resident anglers in that State:
''(1) The additional sums apportioned to such State under this
chapter as a result of the taxes imposed by the amendments made by
section 1015 of the Tax Reform Act of 1984 on items not taxed under
section 4161(a) of title 26 before October 1, 1984.
''(2) The sums apportioned to such State under this chapter that are
not attributable to any tax imposed by such section 4161(a).
As used in this subsection, the term 'coastal State' means any one of
the States of Alabama, Alaska, California, Connecticut, Delaware,
Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New York, North Carolina,
Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington.
The term also includes the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Marianas.''
1986 -- Subsec. (b)(1). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
1984 -- Pub. L. 98-369 designated existing provisions as subsec.
(a) and added subsec. (b).
Section 6(e) of Pub. L. 100-448 provided that: ''This section
(enacting section 777l of this title, amending this section, sections
9503 and 9504 of Title 26, Internal Revenue Code, and sections 13102 and
13106 of Title 46, Shipping, enacting provisions set out as a note under
section 13101 of Title 46, and repealing provisions set out as a note
under section 13103 of Title 46) shall take effect October 1, 1988.''
Section 1014(b) of Pub. L. 98-369 provided that: ''The amendments
made by subsection (a) (amending this section and sections 777b, 777c to
777e, 777g, and 777k of this title) shall take effect on October 1,
1984, and shall apply with respect to fiscal years beginning after
September 30, 1984.''
Section 13 of act Aug. 9, 1950, provided that: ''The effective date
of this Act (enacting this chapter) shall be July 1, 1950.''
Section 204 of title II of Pub. L. 91-503, Oct. 23, 1970, 84 Stat.
1104, provided that: ''This title (amending sections 777c, 777e to
777g, and 777k of this title) may be cited as the 'Federal Aid in Fish
Restoration Act Amendments of 1970'.''
Act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, which enacted
this chapter, is popularly known as the ''Federal Aid in Fish
Restoration Act'', the ''Fish Restoration and Management Projects Act'',
and the ''Dingell-Johnson Sport Fish Restoration Act''.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf-Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees.
16 USC 777a. Definitions
TITLE 16 -- CONSERVATION
For the purpose of this chapter the term ''fish restoration and
management projects'' shall be construed to mean projects designed for
the restoration and management of all species of fish which have
material value in connection with sport or recreation in the marine
and/or fresh waters of the United States and include --
(a) such research into problems of fish management and culture as may
be necessary to efficient administration affecting fish resources;
(b) the acquisition of such facts as are necessary to guide and
direct the regulation of fishing by law, including the extent of the
fish population, the drain on the fish supply from fishing and/or
natural causes, the necessity of legal regulation of fishing, and the
effects of any measures of regulation that are applied;
(c) the formulation and adoption of plans of restocking waters with
food and game fishes according to natural areas or districts to which
such plans are applicable, together with the acquisition of such facts
as are necessary to the formulation, execution, and testing the efficacy
of such plans;
(d) the selection, restoration, rehabilitation, and improvement of
areas of water or land adaptable as hatching, feeding, resting, or
breeding places for fish, including acquisition by purchase,
condemnation, lease, or gift of such areas or estates or interests
therein as are suitable or capable of being made suitable therefor, and
the construction thereon or therein of such works as may be necessary to
make them available for such purposes, and such preliminary or
incidental costs and expenses as may be incurred in and about such
works; the term ''State fish and game department'' shall be construed
to mean and include any department or division of department of another
name, or commission, or official or officials, of a State empowered
under its laws to exercise the functions ordinarily exercised by a State
fish and game department.
(Aug. 9, 1950, ch. 658, 2, 64 Stat. 431; July 2, 1956, ch. 489, 3,
70 Stat. 473; July 12, 1960, Pub. L. 86-624, 12, 74 Stat. 413.)
1960 -- Subsec. (d). Pub. L. 86-624 struck out provisions which
defined ''State'' as including the several States and the Territory of
Hawaii.
1956 -- Act July 2, 1956, included definition of ''State''.
Amendment by act July 2, 1956, as applicable only with respect to
fiscal years beginning after July 2, 1956, see section 5 of act July 2,
1956, set out as a note under section 669a of this title.
16 USC 777b. Authorization of appropriations
TITLE 16 -- CONSERVATION
To carry out the provisions of this chapter for fiscal years after
September 30, 1984, there are authorized to be appropriated from the
Sport Fish Restoration Account established by section 9504(a) of title
26 the amounts paid, transferred, or otherwise credited to that Account.
For purposes of the provision of the Act of August 31, 1951, which
refers to this section, such amounts shall be treated as the amounts
that are equal to the revenues described in this section. The
appropriation made under the provisions of this section for each fiscal
year shall continue available during the succeeding fiscal year. So
much of such appropriation apportioned to any State for any fiscal year
as remains unexpended at the close thereof is authorized to be made
available for expenditure in that State until the close of the
succeeding fiscal year. Any amount apportioned to any State under the
provisions of this chapter which is unexpended or unobligated at the end
of the period during which it is available for expenditure on any
project is authorized to be made available for expenditure by the
Secretary of the Interior in carrying on the research program of the
Fish and Wildlife Service in respect to fish of material value for sport
and recreation.
(Aug. 9, 1950, ch. 658, 3, 64 Stat. 431; July 18, 1984, Pub. L.
98-369, div. A, title X, 1014(a)(2), 98 Stat. 1015; Oct. 22, 1986,
Pub. L. 99-514, 2, 100 Stat. 2095.)
The provision of the Act of August 31, 1951, referred to in text, is
set out as a note below.
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954'', which for purposes of
codification was translated as ''title 26'' thus requiring no change in
text.
1984 -- Pub. L. 98-369 substituted ''To carry out the provisions of
this chapter for fiscal years after September 30, 1984, there are
authorized to be appropriated from the Sport Fish Restoration Account
established by section 9504(a) of title 26 the amounts paid,
transferred, or otherwise credited to that Account. For purposes of the
provision of the Act of August 31, 1951, which refers to this section,
such amounts shall be treated as the amounts that are equal to the
revenues described in this section'' for ''To carry out the provisions
of this chapter, there is hereby authorized to be appropriated an amount
equal to the revenue accruing from tax imposed by section 3406 of the
Internal Revenue Code, as heretofore of hereafter extended and amended,
on fishing rods, creels, reels, and artificial lures, baits, and flies
during the fiscal year ending June 30, 1951, and each fiscal year
thereafter''.
Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and applicable
with respect to fiscal years beginning after Sept. 30, 1984, see
section 1014(b) of Pub. L. 98-369, set out as a note under section 777
of this title.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
Section 101 of act Aug. 31, 1951, ch. 375, title I, 65 Stat. 262,
provided that: ''For carrying out the provisions of the Act of August
9, 1950 (Public Law 681) (this chapter), amounts equal to the revenues
described in section 3 of said Act (this section) and credited during
the next preceding fiscal year and each fiscal year thereafter, to
remain available until expended.''
16 USC 777c. Division of annual appropriations
TITLE 16 -- CONSERVATION
(a) Initial distribution
The Secretary of the Interior shall distribute 18 per centum of each
annual appropriation made in accordance with the provisions of section
777b of this title as provided in the Coastal Wetlands Planning,
Protection, /1/ and Restoration Act (title III, Public Law 101-646) (16
U.S.C. 3951 et seq.). Notwithstanding the provisions of section 777b of
this title, such sums shall remain available to carry out such Act
through fiscal year 1999.
(b) Use of balance after distribution
Of the balance of each such annual appropriation remaining after
making the distribution under subsection (a) of this section, an amount
equal to $10,000,000 for fiscal year 1993, $15,000,000 for each of
fiscal years 1994 and 1995, and $20,000,000 for each of fiscal years
1996, and 1997 shall be used as follows:
(1) one-half shall be transferred to the Secretary of Transportation
and be expended for State recreational boating safety programs under
section 13106(a)(1) of title 46; and
(2) one-half of amounts made available under this subsection in a
fiscal year shall be available for two years for obligation under
section 5604(c) of the Clean Vessel Act of 1992. The Secretary of the
Interior may make grants for qualified projects in an amount up to the
amount available under this paragraph. Amounts unobligated by the
Secretary of the Interior after two years shall be transferred to the
Secretary of Transportation and be expended for State recreational
boating safety programs under section 13106(a)(1) of title 46.
In fiscal year 1998, an amount equal to $20,000,000 of the balance
remaining after the distribution under subsection (a) of this section
shall be transferred to the Secretary of Transportation and be expended
for State recreational boating safety programs under section 13106(a)(1)
of title 46.
(c) Funds available for expenses of investigations and administration
Of the balance of each such annual appropriation remaining after the
distribution and use under subsections (a) and (b) of this section,
respectively, so much, not to exceed 6 per centum of such balance, as
the Secretary of the Interior may estimate to be necessary for his or
her expenses in the conduct of necessary investigations, administration,
and the execution of this chapter and for aiding in the formulation,
adoption, or administration of any compact between two or more States
for the conservation and management of migratory fishes in marine or
freshwaters, shall be deducted for that purpose, and such sum is
authorized to be made available until the expiration of the next
succeeding fiscal year.
(d) Apportionment among States
The Secretary of the Interior, after the distribution, transfer, use,
and deduction under subsections (a), (b), and (c) of this section,
respectively, shall apportion the remainder of each such annual
appropriation among the several States in the following manner: 40 per
centum in the ratio which the area of each State including coastal and
Great Lakes waters (as determined by the Secretary of the Interior)
bears to the total area of all the States, and 60 per centum in the
ratio which the number of persons holding paid licenses to fish for
sport or recreation in the State in the second fiscal year preceding the
fiscal year for which such apportionment is made, as certified to said
Secretary by the State fish and game departments, bears to the number of
such persons in all the States. Such apportionments shall be adjusted
equitably so that no State shall receive less than 1 per centum nor more
than 5 per centum of the total amount apportioned. Where the
apportionment to any State under this section is less than $4,500
annually, the Secretary of the Interior may allocate not more than
$4,500 of said appropriation to said State to carry out the purposes of
this chapter when said State certifies to the Secretary of the Interior
that it has set aside not less than $1,500 from its fish-and-game funds
or has made, through its legislature, an appropriation in this amount of
said purposes.
(e) Unallocated funds
So much of any sum not allocated under the provisions of this section
for any fiscal year is hereby authorized to be made available for
expenditure to carry out the purposes of this chapter until the close of
the succeeding fiscal year, and if unexpended or unobligated at the end
of such year, such sum is hereby authorized to be made available for
expenditure by the Secretary of the Interior in carrying on the research
program of the Fish and Wildlife Service in respect to fish of material
value for sport or recreation. The term fiscal year as used in this
section shall be a period of twelve consecutive months from October 1
through the succeeding September 30, except that the period for
enumeration of persons holding licenses to fish shall be a State's
fiscal or license year.
(Aug. 9, 1950, ch. 658, 4, 64 Stat. 432; Oct. 23, 1970, Pub. L.
91-503, title II, 201, 84 Stat. 1101; Apr. 21, 1976, Pub. L. 94-273,
4(2), 90 Stat. 377; July 18, 1984, Pub. L. 98-369, div. A, title X,
1014(a)(3), 98 Stat. 1015; Nov. 29, 1990, Pub. L. 101-646, title III,
308, 104 Stat. 4787; Nov. 4, 1992, Pub. L. 102-587, title V, 5604(a),
106 Stat. 5087.)
The Coastal Wetlands Planning, Protection and Restoration Act,
referred to in subsec. (a), is title III of Pub. L. 101-646, Nov. 29,
1990, 104 Stat. 4778, which is classified generally to chapter 59A (
3951 et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 3951 of this title
and Tables.
Section 5604(c) of the Clean Vessel Act of 1992, referred to in
subsec. (b)(2), is section 5604(c) of Pub. L. 102-587, which is set
out as a note under section 1322 of Title 33, Navigation and Navigable
Waters.
1992 -- Pub. L. 102-587 added subsecs. (a) to (c), inserted subsec.
(d) designation and substituted ''The Secretary of the Interior, after
the distribution, transfer, use, and deduction under subsections (a),
(b), and (c) of this section, respectively, shall apportion the
remainder of each such annual appropriation among the several States''
for ''So much, not to exceed 6 per centum, of each annual appropriation
made in accordance with the provisions of section 777b of this title as
the Secretary of the Interior may estimate to be necessary for his
expenses in the conduct of necessary investigations, administration, and
the execution of this chapter and for aiding in the formulation,
adoption, or administration of any compact between two or more States
for the conservation and management of migratory fishes in marine or
freshwaters shall be deducted for that purpose, and such sum is
authorized to be made available therefor until the expiration of the
next succeeding fiscal year. The Secretary shall distribute 18 per
centum of each annual appropriation made in accordance with the
provisions of section 777b of this title as provided in the Coastal
Wetlands Planning, Protection and Restoration Act: Provided, That,
notwithstanding the provisions of section 777b of this title, such sums
shall remain available to carry out such Act through fiscal year 1999.
The Secretary of the Interior, after making the aforesaid deduction,
shall apportion the remainder of the appropriation for each fiscal year
among the several States'', and inserted subsec. (e) designation.
1990 -- Pub. L. 101-646 inserted after first sentence ''The
Secretary shall distribute 18 per centum of each annual appropriation
made in accordance with the provisions of section 777b of this title as
provided in the Coastal Wetlands Planning, Protection and Restoration
Act: Provided, That, notwithstanding the provisions of section 777b of
this title, such sums shall remain available to carry out such Act
through fiscal year 1999.''
1984 -- Pub. L. 98-369 revised deductible amount from not to exceed
8 per centum to not to exceed 6 per centum.
1976 -- Pub. L. 94-273 substituted ''September'' for ''June'', and
''October'' for ''July''.
1970 -- Pub. L. 91-503 changed method of apportionment of funds by
striking out reference to ''to all the States'' and inserted definition
of ''fiscal year''.
Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and applicable
with respect to fiscal years beginning after Sept. 30, 1984, see
section 1014(b) of Pub. L. 98-369, set out as a note under section 777
of this title.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
/1/ So in original. The comma probably should not appear.
16 USC 777d. Certification of funds deducted for expenses and amounts
apportioned to States
TITLE 16 -- CONSERVATION
For each fiscal year beginning with the fiscal year ending June 30,
1951, the Secretary of the Interior shall certify to the Secretary of
the Treasury, and to each State fish and game department, the sum which
he has estimated to be deducted for administering and executing this
chapter and the sum which he has apportioned to each State for such
fiscal year.
(Aug. 9, 1950, ch. 658, 5, 64 Stat. 432; July 18, 1984, Pub. L.
98-369, div. A, title X, 1014(a)(4), 98 Stat. 1015.)
1984 -- Pub. L. 98-369 struck out provisions relating to notice by
the State to the Secretary of intention to accept, and use of funds
where the State fails to accept.
Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and applicable
with respect to fiscal years beginning after Sept. 30, 1984, see
section 1014(b) of Pub. L. 98-369, set out as a note under section 777
of this title.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
16 USC 777e. Submission and approval of plans and projects
TITLE 16 -- CONSERVATION
(a) Apportionment of funds
Any State desiring to avail itself of the benefits of this chapter
shall, by its State fish and game department, submit programs or
projects for fish restoration in either of the following two ways:
(1) The State shall prepare and submit to the Secretary of the
Interior a comprehensive fish and wildlife resource management plan
which shall insure the perpetuation of these resources for the economic,
scientific, and recreational enrichment of the people. Such plan shall
be for a period of not less than five years and be based on projections
of desires and needs of the people for a period of not less than fifteen
years. It shall include provisions for updating at intervals of not
more than three years and be provided in a format as may be required by
the Secretary of the Interior. If the Secretary of the Interior finds
that such plans conform to standards established by him and approves
such plans, he may finance up to 75 per centum of the cost of
implementing segments of those plans meeting the purposes of this
chapter from funds apportioned under this chapter upon his approval of
an annual agreement submitted to him.
(2) A State may elect to avail itself of the benefits of this chapter
by its State fish and game department submitting to the Secretary of the
Interior full and detailed statements of any fish restoration and
management project proposed for that State. If the Secretary of the
Interior finds that such project meets with the standards set by him and
approves said project, the State fish and game department shall furnish
to him such surveys, plans, specifications, and estimates therefor as he
may require. If the Secretary of the Interior approves the plans,
specifications, and estimates for the project, he shall notify the State
fish and game department and immediately set aside so much of said
appropriation as represents the share of the United States payable under
this chapter on account of such project, which sum so set aside shall
not exceed 75 per centum of the total estimated cost thereof.
The Secretary of the Interior shall approve only such comprehensive
plans or projects as may be substantial in character and design and the
expenditure of funds hereby authorized shall be applied only to such
approved comprehensive fishery plan or projects and if otherwise applied
they shall be replaced by the State before it may participate in any
further apportionment under this chapter. No payment of any money
apportioned under this chapter shall be made on any comprehensive
fishery plan or project until an agreement to participate therein shall
have been submitted to and approved by the Secretary of the Interior.
(b) ''Project'' defined
If the State elects to avail itself of the benefits of this chapter
by preparing a comprehensive fish and wildlife plan under option (1) of
subsection (a) of this section, then the term ''project'' may be defined
for the purpose of this chapter as a fishery program, all other
definitions notwithstanding.
(c) Costs
Administrative costs in the form of overhead or indirect costs for
services provided by State central service activities outside of the
State fish and game department charged against programs or projects
supported by funds made available under this chapter shall not exceed in
any one fiscal year 3 per centum of the annual apportionment to the
State.
(d) Agreements to finance initial costs of acquisition of lands and
construction of structures
The Secretary of the Interior may enter into agreements to finance up
to 75 per centum of the initial costs of the acquisition of lands or
interests therein and the construction of structures or facilities for
/1/ appropriations currently available for the purposes of this chapter;
and to agree to finance up to 75 per centum of the remaining costs over
such a period of time as the Secretary may consider necessary. The
liability of the United States in any such agreement is contingent upon
the continued availability of funds for the purposes of this chapter.
(Aug. 9, 1950, ch. 658, 6, 64 Stat. 432; Oct. 23, 1970, Pub. L.
91-503, title II, 202, 84 Stat. 1102; July 18, 1984, Pub. L. 98-369,
div. A, title X, 1014(a)(5), 98 Stat. 1016.)
1984 -- Subsec. (d). Pub. L. 98-369 added subsec. (d).
1970 -- Subsec. (a). Pub. L. 91-503 added an alternative method of
application for funds by submission of a comprehensive fish and wildlife
resource management plan for a period of five years based on projections
for fifteen years, to be updated every three years, laid down a maximum
limit of assistance of 75 percent of the estimated cost of the
implementation of plan, and in existing method of application struck out
reference to Secretary of the Treasury and requirement that State pay 10
percent of costs.
Subsecs. (b), (c). Pub. L. 91-503 added subsecs. (b) and (c).
Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and applicable
with respect to fiscal years beginning after Sept. 30, 1984, see
section 1014(b) of Pub. L. 98-369, set out as a note under section 777
of this title.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
/1/ So in original. Probably should be ''from''.
16 USC 777e-1. New England Fishery Resources Restoration Act of 1990
TITLE 16 -- CONSERVATION
(a) Short title
This section may be cited as the ''New England Fishery Resources
Restoration Act of 1990''.
(b) Purposes
The purposes of this section are to --
(1) ensure timely and effective implementation of restoration plans
and programs for Atlantic salmon and other fishery resources of selected
river systems in New England;
(2) complete a study of fish passage impediments and requirements on
small streams and rivers in New England; and
(3) develop an inventory of important fish and wildlife habitat and
other natural areas of river basins in New England.
(c) Implementation of fishery resource restoration plans
The Director of the United States Fish and Wildlife Service,
hereinafter referred to as the Director, in consultation with the
Assistant Administrator for Fisheries of the National Oceanic and
Atmospheric Administration shall formulate, establish and implement
programs to restore and maintain nationally significant,
interjurisdictional fishery resources originating in New England river
systems, including the Connecticut, Thames, Pawcatuck, Merrimack, Saco,
Androscoggin, Kennebec, Sheepscot, Duck Trap, St. George, Penobscot,
Union, Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag
and Aroostock and their tributaries. These programs shall be in
accordance with the schedule and responsibilities established in
comprehensive basin-wide restoration plans prepared by the Director in
cooperation with State, local, and other entities involved and
interested in the conservation and management of the affected fishery
resources. Preparation and periodic revision of restoration plans, and
their implementation, shall be based on a Memorandum of Agreement for
each restoration program which shall be entered into by the Director and
cooperating entities. The Director shall prepare and submit to the
House Committee on Merchant Marine and Fisheries and the Senate
Committee on Environment and Public Works an annual report documenting
activities undertaken and accomplishments achieved in fulfillment of
this section, including an assessment of the prognosis for restoration
of each of the stocks and species involved.
(d) Fish passage study
The Director shall conduct a study to identify impediments to
upstream and downstream passage of fish in rivers and streams in the New
England States due to dams that are not licensed by the Federal Energy
Regulatory Commission or other human-caused obstructions. In addition,
the study shall identify actions needed to alleviate those impediments
where desirable and feasible. The study shall include, but not be
limited to, identifying --
(1) all dams not licensed by the Federal Energy Regulatory Commission
and other human-caused obstructions on New England rivers and streams
where construction of upstream or downstream fish passage facilities or
their removal would benefit fishery resources, including an estimate of
the degree of benefits expected; and
(2) the proposed nature and size and estimated cost of appropriate
fish passage facilities or other actions determined to be necessary and
feasible or each dam or other obstruction identified in response to
paragraph (1).
The Director shall provide notice to the public of the extent and
nature of the study by publication of such information in major
newspapers in the region and by other appropriate means. Within three
years of November 16, 1990, the Director shall submit a report
containing the findings, conclusions and recommendations of the study to
the House Committee on Merchant Marine and Fisheries and the Senate
Committee on Environment and Public Works.
(e) New England rivers fish and wildlife inventory
The Director shall inventory the natural values of river basins in
New England, including the Connecticut, Pawcatuck, Acushnet, North and
South (in Plymouth County, Massachusetts), Charles, Merrimack, Saco,
Androscoggin, Kennebec, Penobscot, Union, St. Croix, and Aroostock
Rivers and their tributaries, and identify fish and wildlife habitat in
most need of protection or where public access to the rivers should be
provided. In addition, the Director shall, in cooperation with
appropriate State agencies and local governments and after providing
notice and opportunity for public comment, identify appropriate public
or private measures for providing the necessary protection or access for
each area included in the inventory. Within two years of November 16,
1990, the Director shall submit a report containing the findings,
conclusions, and recommendations of the inventory and assessment to the
House Committee on Merchant Marine and Fisheries and the Senate
Committee on Environment and Public Works.
(f) Authorization of appropriations
There are authorized to be appropriated to the Director --
(1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 1994, and
1995 to implement fishery resource restoration plans and programs,
except for activities related to the design and construction of fish
passage facilities, as directed by subsection (c) of this section;
(2) $500,000 per year for fiscal years 1991, 1992, and 1993 to
conduct the study required under subsection (d) of this section; and
(3) $500,000 to conduct the inventory and assessment required under
section /1/ (e) of this section.
(Pub. L. 101-593, title I, 111, Nov. 16, 1990, 104 Stat. 2960.)
This section, referred to in subsec. (b), was in the original ''this
Act'', which probably was intended as a reference to New England Fishery
Resources Restoration Act of 1990, section 111 of Pub. L. 101-593,
title I, Nov. 16, 1990, 104 Stat. 2960, which is classified generally
to this section.
Section was enacted as the New England Fishery Resources Restoration
Act of 1990, and not as part of the Fish Restoration and Management
Projects Act which comprises this chapter.
/1/ So in original. Probably should be ''subsection''.
16 USC 777f. Payments by United States
TITLE 16 -- CONSERVATION
(a) Payments and advances to States
When the Secretary of the Interior shall find that any project
approved by him has been completed or, if involving research relating to
fish, is being conducted, in compliance with said plans and
specifications, he shall cause to be paid to the proper authority of
said State the amount set aside for said project. The Secretary of the
Interior may, in his discretion, from time to time, make payments on
said project as the same progresses; but these payments, including
previous payments, if any, shall not be more than the United States' pro
rata share of the project in conformity with said plans and
specifications. If a State has elected to avail itself of the benefits
of this chapter by preparing a comprehensive fish and wildlife plan as
provided for under option (1) of subsection (a) of section 777e of this
title, and this plan has been approved by the Secretary of the Interior,
then the Secretary may, in his discretion, and under such rules and
regulations, as he may prescribe, advance funds to the State for
financing the United States' pro rata share agreed upon between the
State fish and game department and the Secretary.
(b) Construction work; joint payments
Any construction work and labor in each State shall be performed in
accordance with its laws and under the direct supervision of the State
fish and game department, subject to the inspection and approval of the
Secretary of the Interior and in accordance with the rules and
regulations made pursuant to this chapter. The Secretary of the
Interior and the State fish and game department of each State may
jointly determine at what times and in what amounts payments shall be
made under this chapter. Such payments shall be made against the said
appropriation to such official or officials, or depository, as may be
designated by the State fish and game department and authorized under
the laws of the State to receive public funds of the State.
(Aug. 9, 1950, ch. 658, 7, 64 Stat. 433; Oct. 23, 1970, Pub. L.
91-503, title II, 202, 84 Stat. 1103.)
1970 -- Pub. L. 91-503 divided existing provisions into subsecs.
(a) and (b) and authorized advance payments by the Secretary to the
States for financing the United States' pro rata share of the
comprehensive fish and wildlife plan.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
16 USC 777g. Maintenance of projects
TITLE 16 -- CONSERVATION
(a) Duty of States; status of projects; title to property
To maintain fish-restoration and management projects established
under the provisions of this chapter shall be the duty of the States
according to their respective laws. Beginning July 1, 1953, maintenance
of projects heretofore completed under the provisions of this chapter
may be considered as projects under this chapter. Title to any real or
personal property acquired by any State, and to improvements placed on
State-owned lands through the use of funds paid to the State under the
provisions of this chapter, shall be vested in such State.
(b) Funding requirements
(1) Each State shall allocate 12 1/2 per centum of the funds
apportioned to it for each fiscal year under section 777c of this title
for the payment of up to 75 per centum of the costs of the acquisition,
development, renovation, or improvement of facilities (and auxiliary
facilities necessary to insure the safe use of such facilities) that
create, or add to, public access to the waters of the United States to
improve the suitability of such waters for recreational boating
purposes. Notwithstanding this provision, States within a United States
Fish and Wildlife Service Administrative Region may allocate more or
less than 12 1/2 per centum in a fiscal year, provided that the total
regional allocation averages 12 1/2 per centum over a 5 year period.
(2) So much of the funds that are allocated by a State under
paragraph (1) in any fiscal year that remained unexpended or unobligated
at the close of such year are authorized to be made available for the
purposes described in paragraph (1) during the succeeding four fiscal
years, but any portion of such funds that remain unexpended or
unobligated at the close of such period are authorized to be made
available for expenditure by the Secretary of the Interior in carrying
out the research program of the Fish and Wildlife Service in respect to
fish of material value for sport or recreation.
(c) Aquatic resource education program; funding, etc.
Each State may use not to exceed 10 per centum of the funds
apportioned to it under section 777c of this title to pay up to 75 per
centum of the costs of an aquatic resource education and outreach
program for the purpose of increasing public understanding of the
Nation's water resources and associated aquatic life forms. The
non-Federal share of such costs may not be derived from other Federal
grant programs. The Secretary shall issue not later than the one
hundred and twentieth day after the effective date of this subsection
such regulations as he deems advisable regarding the criteria for such
programs.
(d) Pumpout stations and waste reception facilities
Amounts apportioned to States under section 777c of this title may be
used to pay not more than 75 percent of the costs of constructing,
renovating, operating, or maintaining pumpout stations and waste
reception facilities (as those terms are defined in the Clean Vessel Act
of 1992).
(Aug. 9, 1950, ch. 658, 8, 64 Stat. 433; Oct. 23, 1970, Pub. L.
91-503, title II, 202, 84 Stat. 1103; July 18, 1984, Pub. L. 98-369,
div. A, title X, 1014(a)(6), 98 Stat. 1016; Nov. 4, 1992, Pub. L.
102-587, title V, 5604(b), 106 Stat. 5088.)
For effective date of this subsection, referred to in subsec. (c),
see Effective Date of 1984 Amendment note below.
The Clean Vessel Act of 1992, referred to in subsec. (d), is
subtitle F of title V of Pub. L. 102-587, Nov. 4, 1992, 106 Stat.
5086, which amended this section and section 777c of this title and
enacted provisions set out as a note under section 1322 of Title 33,
Navigation and Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1322 of
Title 33 and Tables.
1992 -- Subsec. (b)(1). Pub. L. 102-587, 5604(b)(1), substituted
''12 1/2 per centum'' for ''10 per centum'' after ''allocate'' and
inserted at end ''Notwithstanding this provision, States within a United
States Fish and Wildlife Service Administrative Region may allocate more
or less than 12 1/2 per centum in a fiscal year, provided that the total
regional allocation averages 12 1/2 per centum over a 5 year period.''
Subsec. (b)(2). Pub. L. 102-587, 5604(b)(2), substituted ''four
fiscal years'' for ''fiscal year'' after first reference to
''succeeding'' and ''period'' for second reference to ''succeeding
fiscal year''.
Subsec. (c). Pub. L. 102-587, 5604(b)(3), inserted ''and outreach''
after ''education''.
Subsec. (d). Pub. L. 102-587, 5604(b)(4), added subsec. (d).
1984 -- Pub. L. 98-369 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1970 -- Pub. L. 91-503 struck out restriction that not more than 25
percent of the Federal funds be set aside for maintenance projects.
Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and applicable
with respect to fiscal years beginning after Sept. 30, 1984, see
section 1014(b) of Pub. L. 98-369, set out as a note under section 777
of this title.
16 USC 777h. Employment of personnel
TITLE 16 -- CONSERVATION
Out of the deductions set aside for administering and executing this
chapter the Secretary of the Interior is authorized to employ such
assistants, clerks, and other persons in the District of Columbia and
elsewhere, to be taken from the eligible lists of the civil service; to
rent or construct buildings outside of the District of Columbia; to
purchase such supplies, materials, equipment, office fixtures, and
apparatus; and to incur such travel and other expenses, including
publication of technical and administrative reports, purchase,
maintenance, and hire of passenger-carrying motor vehicles, as he may
deem necessary for carrying out the provisions of this chapter.
(Aug. 9, 1950, ch. 658, 9, 64 Stat. 433.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
Competitive service lists of eligibles, see section 3313 of Title 5,
Government Organization and Employees.
16 USC 777i. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to make rules and
regulations for carrying out the provisions of this chapter.
(Aug. 9, 1950, ch. 658, 10, 64 Stat. 434.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
16 USC 777j. Repealed. Pub. L. 89-348, 1(14), Nov. 8, 1965, 79 Stat.
1311
TITLE 16 -- CONSERVATION
Section, act Aug. 9, 1950, ch. 658, 11, 64 Stat. 434, required
the Secretary of the Interior to make an annual report to the Congress
giving detailed information as to the projects established under this
chapter and expenditures therefor.
16 USC 777k. Payments of funds to and cooperation with Puerto Rico,
the District of Columbia, Guam, American Samoa, Commonwealth of the
Northern Mariana Islands, and Virgin Islands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to cooperate with the
Secretary of Agriculture of Puerto Rico, the Mayor of the District of
Columbia, the Governor of Guam, the Governor of American Samoa, the
Governor of the Commonwealth of the Northern Mariana Islands, and the
Governor of the Virgin Islands, in the conduct of fish restoration and
management projects, as defined in section 777a of this title, upon such
terms and conditions as he shall deem fair, just, and equitable, and is
authorized to apportion to Puerto Rico, the District of Columbia, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and
the Virgin Islands, out of money available for apportionment under this
chapter, such sums as he shall determine, not exceeding for Puerto Rico
1 per centum, for the District of Columbia one-third of 1 per centum,
for Guam one-third of 1 per centum, for American Samoa one-third of 1
per centum, for the Commonwealth of the Northern Mariana Islands
one-third of 1 per centum, and for the Virgin Islands one-third of 1 per
centum of the total amount apportioned in any one year, but the
Secretary shall in no event require any of said cooperating agencies to
pay an amount which will exceed 25 per centum of the cost of any
project. Any unexpected or unobligated balance of any apportionment
made pursuant to this section shall be made available for expenditure in
Puerto Rico, the District of Columbia, Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands, as the case may be, in
the succeeding year, on any approved projects, and if unexpended or
unobligated at the end of such year is authorized to be made available
for expenditure by the Secretary of the Interior in carrying on the
research program of the Fish and Wildlife Service in respect to fish of
material value for sport or recreation.
(Aug. 9, 1950, ch. 658, 12, 64 Stat. 434; July 2, 1956, ch. 489,
4, 70 Stat. 473; Aug. 1, 1956, ch. 852, 8, 70 Stat. 908; June 25,
1959, Pub. L. 86-70, 16, 73 Stat. 143; Oct. 23, 1970, Pub. L. 91-503,
title II, 203, 84 Stat. 1103; Dec. 24, 1980, Pub. L. 96-597, title
III, 302(a), 94 Stat. 3477; July 18, 1984, Pub. L. 98-369, div. A,
title X, 1014(a)(7), 98 Stat. 1016.)
1984 -- Pub. L. 98-369 inserted ''the Mayor of the District of
Columbia,'' after ''the Secretary of Agriculture of Puerto Rico,'',
''for the District of Columbia one-third of 1 per centum,'' after ''for
Puerto Rico 1 per centum,'' and ''the District of Columbia,'' after
''Puerto Rico,'' in two places.
1980 -- Pub. L. 96-597 inserted references to the Governor and the
Commonwealth of the Northern Mariana Islands.
1970 -- Pub. L. 91-503 substituted ''Secretary of Agriculture of
Puerto Rico'' for ''Commissioner of Agriculture and Commerce of Puerto
Rico'', added American Samoa to the list of recipients, and substituted
maximum limits of apportionment of one percent for Puerto Rico,
one-third of one percent for Guam, one-third of one percent for American
Samoa and one-third of one percent for Virgin Islands for maximum limit
of $10,000 for Puerto Rico, Guam and Virgin Islands together.
1959 -- Pub. L. 86-70 struck out provisions which authorized
cooperation with the Alaska Game Commission and permitted apportionment
of not more than $75,000 in any one year to the Territory of Alaska.
1956 -- Act Aug. 1, 1956, inserted ''the Governor of Guam'' after
''Commissioner of Agriculture and Commerce of Puerto Rico,'' and
''Guam'' after ''Puerto Rico'' in three remaining places those words
appear.
Act July 2, 1956, struck out provisions which authorized the
Secretary to cooperate with the Division of Game and Fish of the Board
of Commissioners of Agriculture and Forestry of Hawaii, struck out
limitation of $25,000 on the amount of funds which could be apportioned
to Hawaii in any one year, and substituted ''Territory of Alaska'' for
''Territories'' in two places.
Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and applicable
with respect to fiscal years beginning after Sept. 30, 1984, see
section 1014(b) of Pub. L. 98-369, set out as a note under section 777
of this title.
Amendment by act July 2, 1956, as applicable only with respect to
fiscal years beginning after July 2, 1956, see section 5 of act July 2,
1956, set out as a note under section 669a of this title.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, see note set out under section 777 of this title.
16 USC 777l. State use of contributions
TITLE 16 -- CONSERVATION
A State may use contributions of funds, real property, materials, and
services to carry out an activity under this chapter in lieu of payment
by the State of the State share of the cost of such activity. Such a
State share shall be considered to be paid in an amount equal to the
fair market value of any contribution so used.
(Aug. 9, 1950, ch. 658, 13, as added Sept. 28, 1988, Pub. L.
100-448, 6(c)(2), 102 Stat. 1841.)
Another section 13 of act Aug. 9, 1950, ch. 658, is classified as a
note under section 777 of this title.
Section effective Oct. 1, 1988, see section 6(e) of Pub. L.
100-448, set out as an Effective Date of 1988 Amendment note under
section 777 of this title.
16 USC CHAPTER 10C -- FISH RESEARCH AND EXPERIMENTATION PROGRAM
TITLE 16 -- CONSERVATION
Sec.
778. Establishment of experiment stations; purpose of research.
778a. Acquisition of lands; construction of buildings; employment
of personnel; cooperation with other agencies; publication of results.
778b. Cooperation with Department of Agriculture.
778c. Authorization of appropriations.
778d to 778h. Omitted.
16 USC 778. Establishment of experiment stations; purpose of research
TITLE 16 -- CONSERVATION
The Secretary of the Interior or the Secretary of Commerce, as
appropriate, is authorized and directed to establish an experiment
station or stations for the purpose of carrying on a program of research
and experimentation --
(1) to determine species of fishes most suitable for culture on a
commercial basis in shallow reservoirs and flooded rice lands;
(2) to determine methods for production of fingerling fishes for
stocking in commercial reservoirs;
(3) to develop methods for the control of parasites and diseases of
brood fishes and of fingerlings prior to stocking;
(4) to develop economical methods for raising the more desirable
species of fishes to a marketable size;
(5) to determine, in cooperation with the Department of Agriculture,
the effects of fish-rice rotations, including crops other than rice
commonly grown on rice farms, upon both the fish and other crops; and
(6) to develop suitable methods for harvesting the fish crop and
preparing it for marketing, including a study of sport fishing as a
means of such harvest.
(Pub. L. 85-342, 1, Mar. 15, 1958, 72 Stat. 35; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Reference to Secretary of Commerce inserted in view of: creation of
National Oceanic and Atmospheric Administration in Department of
Commerce and Office of Administrator of such Administration; abolition
of Bureau of Commercial Fisheries in Department of the Interior and
Office of Director of such Bureau; transfers of functions, including
functions formerly vested by law in Secretary of the Interior or
Department of the Interior which were administered through Bureau of
Commercial Fisheries or were primarily related to such Bureau, exclusive
of certain enumerated functions with respect to Great Lakes fishery
research, Missouri River Reservoir research, Gulf Breeze Biological
Laboratory, and Trans-Alaska pipeline investigations; and transfer of
marine sport fish program of Bureau of Sport Fisheries and Wildlife by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090, set out in the Appendix to Title 5, Government Organization and
Employees.
16 USC 778a. Acquisition of lands; construction of buildings;
employment of personnel; cooperation with other agencies; publication
of results
TITLE 16 -- CONSERVATION
For the purpose of carrying out the provisions of this chapter, the
Secretary of the Interior or the Secretary of Commerce, as appropriate,
is authorized (1) to acquire by purchase, condemnation, or otherwise
such suitable lands, to construct such buildings, to acquire such
equipment and apparatus, and to employ such officers and employees as he
deems necessary; (2) to cooperate with State and other institutions and
agencies upon such terms and conditions as he determines to be
appropriate; and (3) to make public the results of such research and
experiments conducted pursuant to section 778 of this title.
(Pub. L. 85-342, 2, Mar. 15, 1958, 72 Stat. 35; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
778 of this title.
16 USC 778b. Cooperation with Department of Agriculture
TITLE 16 -- CONSERVATION
The Department of Agriculture is authorized to cooperate in carrying
out the provisions of this chapter by furnishing such information and
assistance as may be requested by the Secretary of the Interior.
(Pub. L. 85-342, 3, Mar. 15, 1958, 72 Stat. 35.)
16 USC 778c. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this chapter.
(Pub. L. 85-342, 4, Mar. 15, 1958, 72 Stat. 35.)
16 USC 778d to 778h. Omitted
TITLE 16 -- CONSERVATION
Sections, Pub. L. 89-701, 1-5, Nov. 2, 1966, 80 Stat. 1089,
1090, related to fish protein concentrate and authorized the Secretary
of the Interior to promote studies, conduct research and experiments,
and construct and lease experiment and demonstration plants. The
authority of the Secretary under these sections expired at the
expiration of five years from Nov. 2, 1966 by the express terms of
section 778h of this title.
Section 778f was amended by Pub. L. 90-549, Oct. 4, 1968, 82 Stat.
936.
16 USC CHAPTER 10D -- STATE COMMERCIAL FISHERIES RESEARCH AND
DEVELOPMENT PROJECTS
TITLE 16 -- CONSERVATION
16 USC 779 to 779f. Repealed. Pub. L. 99-659, title III, 309, Nov.
14, 1986, 100 Stat. 3736
TITLE 16 -- CONSERVATION
Section 779, Pub. L. 88-309, 2, May 20, 1964, 78 Stat. 197; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090;
Pub. L. 94-273, 4(3), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-485,
1(1), Oct. 12, 1976, 90 Stat. 2326, defined terms used in this
chapter.
Section 779a, Pub. L. 88-309, 3, May 20, 1964, 78 Stat. 197; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,
related to cooperation with States on projects for the research and
development of commercial fisheries resources, joint projects between
States, consent to interstate compacts, and reservation of right to
alter, amend or repeal consent.
Section 779b, Pub. L. 88-309, 4, May 20, 1964, 78 Stat. 197; Pub.
L. 90-551, 1-3, Oct. 4, 1968, 82 Stat. 957; 1970 Reorg. Plan No.
4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 92-590,
1-3, Oct. 27, 1972, 86 Stat. 1303; Pub. L. 95-53, June 22, 1977, 91
Stat. 249; Pub. L. 96-262, 1, June 5, 1980, 94 Stat. 437; Pub. L.
97-389, title I, 101, Dec. 29, 1982, 96 Stat. 1949, authorized
appropriations to carry out this chapter.
Section 779c, Pub. L. 88-309, 5, May 20, 1964, 78 Stat. 198; Pub.
L. 94-273, 3(3), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94-485, 1(2),
(3), Oct. 12, 1976, 90 Stat. 2326, provided for apportionment among
States of funds appropriated under former section 779b of this title.
Section 779d, Pub. L. 88-309, 6, May 20, 1964, 78 Stat. 198; Pub.
L. 94-485, 1(4), Oct. 12, 1976, 90 Stat. 2326, provided for approval
of projects for funding, and payment of benefits, under this chapter.
Section 779e, Pub. L. 88-309, 7, May 20, 1964, 78 Stat. 199,
related to working conditions on projects funded, and to disposal of
property acquired, under this chapter.
Section 779f, Pub. L. 88-309, 8, May 20, 1964, 78 Stat. 199,
authorized promulgation of rules and regulations.
Repeal effective Oct. 1, 1987, see section 310 of Pub. L. 99-659,
set out as an Effective Date note under section 4101 of this title.
16 USC CHAPTER 11 -- REGULATION OF LANDING, CURING, AND SALE OF SPONGES
TAKEN FROM GULF OF MEXICO AND STRAITS OF FLORIDA
TITLE 16 -- CONSERVATION
Sec.
781. Taking or catching, in waters of Gulf or Straits of Florida,
commercial sponges of less than prescribed size, and landing or
possession of same.
782. Sponges of less than prescribed size; possession prima facie
evidence.
783. Punishment for violations of law; liability of vessels.
784. Jurisdiction of prosecutions.
785. Enforcement of law prohibiting taking of sponges of specified
sizes; employment of Coast Guard vessels and Customs Service employees.
16 USC 781. Taking or catching, in waters of Gulf or Straits of
Florida, commercial sponges of less than prescribed size, and landing or
possession of same
TITLE 16 -- CONSERVATION
It is unlawful for any citizen of the United States, or person owing
duty of obedience to the laws of the United States, or any boat or
vessel of the United States, or person belonging to or on any such boat
or vessel, to take or catch, by any means or method, in the waters of
the Gulf of Mexico or the Straits of Florida outside of State
territorial limits, any commercial sponges measuring when wet less than
five inches in their maximum diameter, or for any person or vessel to
land, deliver, cure, offer for sale, or have in possession at any port
or place in the United States, or on any boat or vessel of the United
States, any such commercial sponges.
(Aug. 15, 1914, ch. 253, 1, 38 Stat. 692.)
16 USC 782. Sponges of less than prescribed size; possession prima
facie evidence
TITLE 16 -- CONSERVATION
The presence of sponges of a diameter of less than five inches on any
vessel or boat of the United States engaged in sponging in the waters of
the Gulf of Mexico or the Straits of Florida outside of State
territorial limits, or the possession of any sponges of less than the
said diameter sold or delivered by such vessels, shall be prima facie
evidence of a violation of the provisions of this chapter.
(Aug. 15, 1914, ch. 253, 2, 38 Stat. 692.)
16 USC 783. Punishment for violations of law; liability of vessels
TITLE 16 -- CONSERVATION
Every person, partnership, or association guilty of a violation of
the provisions of this chapter shall be liable to a fine of not more
than $500, and in addition such fine shall be a lien against the vessel
or boat on which the offense is committed, and said vessel or boat shall
be seized and proceeded against by process of libel in any court having
jurisdiction of the offense.
(Aug. 15, 1914, ch. 253, 3, 38 Stat. 692.)
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Forfeitures and seizures --
Jurisdiction, see sections 1333, 1355, and 1356 of Title 28,
Judiciary and Judicial Procedure.
Proceedings, see section 2461 of Title 28.
16 USC 784. Jurisdiction of prosecutions
TITLE 16 -- CONSERVATION
Any violation of the provisions of this chapter shall be prosecuted
in the district court of the United States of the district wherein the
offender is found or into which he is first brought.
(Aug. 15, 1914, ch. 253, 4, 38 Stat. 692.)
16 USC 785. Enforcement of law prohibiting taking of sponges of
specified sizes; employment of Coast Guard vessels and Customs Service
employees
TITLE 16 -- CONSERVATION
The Secretary of Commerce shall enforce the provisions of this
chapter, and he is authorized to empower such officers and employees of
the Department of Commerce as he may designate, or such officers and
employees of other departments as may be detailed for the purpose, to
make arrests and seize vessels and sponges, and upon his request the
Secretary of the Treasury may employ the vessels of the Coast Guard or
the employees of the Customs Service to that end.
(Aug. 15, 1914, ch. 253, 5, 38 Stat. 692; Jan. 28, 1915, ch. 20,
1, 38 Stat. 800; 1939 Reorg. Plan No. II, 4(e), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1431; Aug. 4, 1949, ch. 393, 1, 20, 63 Stat.
495, 561; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84
Stat. 2090.)
''Secretary of Commerce'' and ''Department of Commerce'' substituted
in text for ''Secretary of the Interior'' and ''Department of the
Interior'' in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5.
''Coast Guard'' substituted in text for ''Revenue Cutter Service'' on
authority of act Jan. 28, 1915, which combined Revenue Cutter Service
and Life-Saving Service to form Coast Guard. That act was repealed by
section 20 of act Aug. 4, 1949, section 1 of which reestablished Coast
Guard by enacting Title 14, Coast Guard.
Coast Guard transferred to Department of Transportation and all
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by section 6(b)(1)
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. See section 108 of
Title 49, Transportation.
Functions of all officers of Department of the Treasury, and
functions of all agencies and employees of such Department, transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5. Customs Service,
referred to in this section, is a service under Department of the
Treasury, and Coast Guard, also referred to in this section, was
generally a service under such Department, but such Plan excepted, from
transfer, functions of Coast Guard, and of Commandant thereof, when
Coast Guard was operating as a part of the Navy under sections 1 and 3
of Title 14, Coast Guard.
Reorg. Plan No. III of 1940, 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and Bureau
of Biological Survey with their respective functions into one agency in
Department of the Interior to be known as Fish and Wildlife Service, and
provided that functions of the consolidated agency shall be administered
under direction and supervision of Secretary of the Interior.
Reorg. Plan No. II of 1930, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce and its
functions to Department of the Interior, to be administered under
direction and supervision of Secretary of the Interior.
16 USC CHAPTER 12 -- FEDERAL REGULATION AND DEVELOPMENT OF POWER
TITLE 16 -- CONSERVATION
Sec.
791. Repealed.
791a. Short title.
792. Federal Power Commission; creation; number; appointment;
term; qualifications; vacancies; quorum; chairman; salary; place
of holding sessions.
793. Appointment of officers and employees of Commission; duties,
and salaries; detail of officers and employees from other departments;
expenditures authorized.
793a to 795. Repealed or Omitted.
796. Definitions.
797. General powers of Commission.
(a) Investigations and data.
(b) Statements as to investment of licenses in projects; access to
projects, maps, etc.
(c) Cooperation with executive departments; information and aid
furnished Commission.
(d) Publication of information, etc.; reports to Congress.
(e) Issue of licenses for construction, etc., of dams, conduits,
reservoirs, etc.
(f) Preliminary permits; notice of application.
(g) Investigation of occupancy for developing power; orders.
797a. Congressional authorization for permits, licenses, leases, or
authorizations for dams, conduits, reservoirs, etc., within national
parks or monuments.
797b. Duty to keep Congress fully and currently informed.
797c. Dams in National Park System units.
797d. Third party contracting by FERC.
(a) Environmental impact statements.
(b) Environmental assessments.
(c) Effective date.
798. Purpose and scope of preliminary permits; transfer and
cancellation.
799. License; duration, conditions, revocation, alteration, or
surrender.
800. Issuance of preliminary permits or licenses.
(a) Preference.
(b) Development of water resources by United States; reports.
(c) Assumption of project by United States after expiration of
license.
801. Transfer of license; obligations of transferee.
802. Information to accompany application for license; landowner
notification.
803. Conditions of license generally.
(a) Modification of plans; factors considered to secure adaptability
of project; recommendations for proposed terms and conditions.
(b) Alterations in project works.
(c) Maintenance and repair of project works; liability of licensee
for damages.
(d) Amortization reserves.
(e) Annual charges payable by licensees; maximum rates;
application; review and report to Congress.
(f) Reimbursement by licensee of other licensees, etc.
(g) Conditions in discretion of commission.
(h) Monopolistic combinations; prevention or minimization of
anticompetitive conduct; action by Commission regarding license and
operation and maintenance of project.
(i) Waiver of conditions.
(j) Fish and wildlife protection, mitigation and enhancement;
consideration of recommendations; findings.
804. Project works affecting navigable waters; requirements
insertable in license.
805. Participation by Government in costs of locks, etc.
806. Time limit for construction of project works; extension of
time; termination or revocation of licenses for delay.
807. Right of Government to take over project works.
(a) Compensation; condemnation by Federal or State Government.
(b) Relicensing proceedings; Federal agency recommendations of take
over by Government; stay of orders for new licenses; termination of
stay; notice to Congress.
808. New licenses and renewals.
(a) Relicensing procedures; terms and conditions; issuance to
applicant with proposal best adapted to serve public interest; factors
considered.
(b) Notification of intention regarding renewal; public availability
of documents; notice to public and Federal agencies; identification of
Federal or Indian lands included; additional information required.
(c) Time of filing application; consultation and participation in
studies with fish and wildlife agencies; notice to applicants;
adjustment of time periods.
(d) Adequacy of transmission facilities; provision of services to
successor by existing licensee; tariff; final order; modification,
extension or termination of order.
(e) License term on relicensing.
(f) Nonpower use licenses; recordkeeping.
809. Temporary use by Government of project works for national
safety; compensation for use.
810. Disposition of charges arising from licenses.
(a) Receipts from charges.
(b) Delinquent payments.
811. Operation of navigation facilities; rules and regulations;
penalties.
812. Public-service licensee; regulations by State or by commission
as to service, rates, charges, etc.
813. Power entering into interstate commerce; regulation of rates,
charges, etc.
814. Exercise by licensee of power of eminent domain.
815. Contract to furnish power extending beyond period of license;
obligations of new licensee.
816. Preservation of rights vested prior to June 10, 1920.
817. Projects not affecting navigable waters; necessity for Federal
license, permit or right-of-way; unauthorized activities.
818. Public lands included in project; reservation of lands from
entry.
819. Repealed.
820. Proceedings for revocation of license or to prevent violations
of license.
821. State laws and water rights unaffected.
822. Reservation of right to alter or repeal chapter.
823. Repeal of inconsistent laws.
823a. Conduit hydroelectric facilities.
(a) Exemption qualifications.
(b) Maximum installation capacity for exemption.
(c) Consultation with Federal and State agencies.
(d) Violation of terms of exemption.
(e) Fees for studies.
823b. Enforcement.
(a) Monitoring and investigation.
(b) Revocation orders.
(c) Civil penalty.
(d) Assessment.
824. Declaration of policy; application of subchapter.
(a) Federal regulation of transmission and sale of electric energy.
(b) Use or sale of electric energy in interstate commerce.
(c) Electric energy in interstate commerce.
(d) ''Sale of electric energy at wholesale'' defined.
(e) ''Public utility'' defined.
(f) United States, State, political subdivision of a State, or agency
or instrumentality thereof exempt.
(g) Books and records.
824a. Interconnection and coordination of facilities; emergencies;
transmission to foreign countries.
(a) Regional districts; establishment; notice to State commissions.
(b) Sale or exchange of energy; establishing physical connections.
(c) Temporary connection and exchange of facilities during emergency.
(d) Temporary connection during emergency by persons without
jurisdiction of Commission.
(e) Transmission of electric energy to foreign country.
(f) Transmission or sale at wholesale of electric energy;
regulation.
(g) Continuance of service.
824a-1. Pooling.
(a) State laws.
(b) Pooling study.
824a-2. Reliability.
(a) Study.
(b) Examination of reliability issues by reliability councils.
(c) Department of Energy recommendations.
824a-3. Cogeneration and small power production.
(a) Cogeneration and small power production rules.
(b) Rates for purchases by electric utilities.
(c) Rates for sales by utilities.
(d) ''Incremental cost of alternative electric energy'' defined.
(e) Exemptions.
(f) Implementation of rules for qualifying cogeneration and
qualifying small power production facilities.
(g) Judicial review and enforcement.
(h) Commission enforcement.
(i) Federal contracts.
(j) New dams and diversions.
(k) Definition of new dam or diversion.
(l) Definitions.
824a-4. Seasonal diversity electricity exchange.
(a) Authority.
(b) Permit.
(c) Timely acquisition by other means.
(d) Payments by permittees.
(e) Federal law governing Federal lands.
(f) Reports.
824b. Disposition of property; consolidations; purchase of
securities.
(a) Authorizations.
(b) Orders of Commission.
824c. Issuance of securities; assumption of liabilities.
(a) Authorization by Commission.
(b) Application approval or modification; supplemental orders.
(c) Compliance with order of Commission.
(d) Authorization of capitalization not to exceed amount paid.
(e) Notes or drafts maturing less than one year after issuance.
(f) Public utility securities regulated by State not affected.
(g) Guarantee or obligation on part of United States.
(h) Filing duplicate reports with the Securities and Exchange
Commission.
824d. Rates and charges; schedules; suspension of new rates;
automatic adjustment clauses.
(a) Just and reasonable rates.
(b) Preference or advantage unlawful.
(c) Schedules.
(d) Notice required for rate changes.
(e) Suspension of new rates; hearings; five-month period.
(f) Review of automatic adjustment clauses and public utility
practices; action by Commission; ''automatic adjustment clause''
defined.
824e. Power of Commission to fix rates and charges; determination
of cost of production or transmission.
(a) Unjust or preferential rates, etc.; statement of reasons for
changes; hearing; specification of issues.
(b) Refund effective date; preferential proceedings; statement of
reasons for delay; burden of proof; scope of refund order; refund
orders in cases of dilatory behavior; interest.
(c) Refund considerations; shifting costs; reduction in revenues;
''electric utility companies'' and ''registered holding company''
defined.
(d) Investigation of costs.
824f. Ordering furnishing of adequate service.
824g. Ascertainment of cost of property and depreciation.
(a) Investigation of property costs.
(b) Request for inventory and cost statements.
824h. References to State boards by Commission.
(a) Composition of boards; force and effect of proceedings.
(b) Cooperation with State commissions.
(c) Availability of information and reports to State commissions;
Commission experts.
824i. Interconnection authority.
(a) Powers of Commission; application by state regulatory authority.
(b) Notice, hearing and determination by Commission.
(c) Necessary findings.
(d) Motion of Commission.
(e) Definitions.
824j. Wheeling authority.
(a) Transmission service by any electric utility; notice, hearing
and findings by Commission.
(b) Reliability of electric service.
(c) Replacement of electric energy.
(d) Termination or modification of order; notice, hearing and
findings of Commission; contents of order; inclusion in order of terms
and conditions agreed upon by parties.
(e) ''Facilities'' defined.
824k. Orders requiring interconnection or wheeling.
(a) Rates, charges, terms, and conditions for wholesale transmission
services.
(b) Repealed.
(c) Issuance of proposed order; agreement by parties to terms and
conditions of order; approval by Commission; inclusion in final order;
failure to agree.
(d) Statement of reasons for denial.
(e) Savings provisions.
(f) Effective date of order; hearing; notice; review.
(g) Prohibition on orders inconsistent with retail marketing areas.
(h) Prohibition on mandatory retail wheeling and sham wholesale
transactions.
(i) Laws applicable to Federal Columbia River Transmission System.
(j) Equitability within territory restricted electric systems.
(k) ERCOT utilities.
824l. Information requirements.
(a) Requests for wholesale transmission services.
(b) Transmission capacity and constraints.
824m. Sales by exempt wholesale generators.
825. Accounts and records.
(a) Duty to keep.
(b) Access to and examination by the Commission.
(c) Controlling individual.
825a. Rates of depreciation; notice to State authorities before
fixing.
825b. Requirements applicable to agencies of United States.
825c. Periodic and special reports; obstructing filing reports or
keeping accounts, etc.
825d. Officials dealing in securities.
(a) Benefits; making or declaring dividends out of capital account.
(b) Interlocking directorates.
(c) Statement of prior positions; definitions.
825e. Complaints.
825f. Investigations by Commission.
(a) Scope.
(b) Attendance of witnesses and production of documents.
(c) Resort to courts of United States for failure to obey subpena;
punishment.
(d) Testimony by deposition.
(e) Deposition of witness in a foreign country.
(f) Deposition fees.
825g. Hearings; rules of procedure.
825h. Administrative powers of Commission; rules, regulations, and
orders.
825i. Appointment of officers and employees; compensation.
825j. Investigations relating to electric energy; reports to
Congress.
825k. Publication and sale of reports.
825l. Review of orders.
(a) Application for rehearing; time periods; modification of order.
(b) Judicial review.
(c) Stay of Commission's order.
825m. Enforcement provisions.
(a) Enjoining and restraining violations.
(b) Writs of mandamus.
(c) Employment of attorneys.
825n. Forfeiture for violations; recovery; applicability.
(a) Forfeiture.
(b) Recovery.
(c) Applicability.
825o. Penalties for violations; applicability of section.
(a) Statutory violations.
(b) Rules violations.
(c) Applicability.
825o-1. Enforcement of certain provisions.
(a) Violations.
(b) Civil penalties.
825p. Jurisdiction of offenses; enforcement of liabilities and
duties.
825q. Conflict of jurisdiction.
825q-1. Office of Public Participation.
825r. Separability.
825s. Sale of electric power from reservoir projects; rate
schedules; preference in sale; construction of transmission lines;
disposition of moneys.
825s-1. Southwestern area sale and transmission of electric power;
disposition of receipts; creation of continuing fund; use of fund.
825s-2. Southwestern area sale and transmission of electric power;
disposition of receipts; creation of continuing fund; use of fund.
825s-3. Southwestern area sale at uniform systemwide rates of
electric power over transmission lines constructed with appropriated
funds or used under contractual arrangements.
825t. Utilization of power revenues.
825u. Interest rate on power bonds held by Administrator of General
Services.
828. Facilitation of development and construction of water
conservation facilities; exemption from certain Federal requirements.
828a. Definitions.
828b. Exemption from formula, books and records, and project cost
statement requirements; annual charges.
828c. Applicability of this subchapter.
Acadia National Park, see section 342b of this title.
Big Bend National Park, see section 158 of this title.
Bryce Canyon National Park, see section 402e of this title.
Carlsbad Caverns National Park, see section 407b of this title.
Everglades National Park, see section 410b of this title.
Grand Canyon National Park, see section 221b of this title.
Great Smoky Mountains National Park, see section 403b of this title.
Hawaii National Park, see sections 391, 391b-1 of this title.
Isle Royale National Park, see section 408b of this title.
Lands reserved for park purposes in Coos County, Oregon, see section
405 of this title.
Lassen Volcanic National Park, see sections 201b, 204l, 205a, and
207a of this title.
Mammoth Cave National Park, see section 404b of this title.
Mount Rainier National Park, see section 108 of this title.
Rocky Mountain National Park, see section 197 of this title.
Shenandoah National Park, see section 403b of this title.
Yellowstone National Park, see section 21b of this title.
Yosemite National Park, see sections 47b, 47f of this title.
section 790a; title 25 section 326; title 30 section
621; title 33 section 467a; title 42 sections 2019,
7172, 7173, 7473, 7651b; title 43 sections 617d,
617e, 617k, 617l, 1634.
16 USC SUBCHAPTER I -- REGULATION OF THE DEVELOPMENT OF WATER POWER AND
RESOURCES
TITLE 16 -- CONSERVATION
Section 212 of act of Aug. 26, 1935, ch. 687, 49 Stat. 847,
provided that sections 1 to 29 of the Federal Water Power Act, as
amended (sections 792, 793, 794 to 797, 798 to 818, 819, and 820 to 823
of this title) shall constitute part I of the act. Said section 212
also repealed sections 25 and 30 of the act (sections 819, 791 of this
title). It also contained a proviso as follows: ''That nothing in that
Act, as amended, shall be construed to repeal or amend the provisions of
the amendment to the Federal Water Power Act approved March 3, 1921 (41
Stat. 1353 (section 797a of this title)), or the provisions of any other
Act relating to national parks and national monuments.''
42 section 7172; title 43 sections 1555, 1634.
16 USC 791. Repealed. Aug. 26, 1935, ch. 687, title II, 212, 49
Stat. 847
TITLE 16 -- CONSERVATION
Section, act June 10, 1920, ch. 285, 30, 41 Stat. 1077, designated
the act as The Federal Water Power Act.
16 USC 791a. Short title
TITLE 16 -- CONSERVATION
This chapter may be cited as the ''Federal Power Act''.
(June 10, 1920, ch. 285, pt. III, 321, formerly 320, as added Aug.
26, 1935, ch. 687, title II, 213, 49 Stat. 863; renumbered Nov. 9,
1978, Pub. L. 95-617, title II, 212, 92 Stat. 3148.)
Pub. L. 101-575, 1, Nov. 15, 1990, 104 Stat. 2834, provided that:
''This Act (enacting section 2243 of Title 42, The Public Health and
Welfare, amending sections 796 and 824a-3 of this title and sections
2014, 2061, 2201, and 2284 of Title 42, and enacting provisions set out
as a note under section 796 of this title) may be cited as the 'Solar,
Wind, Waste, and Geothermal Power Production Incentives Act of 1990'.''
Pub. L. 100-473, 1, Oct. 6, 1988, 102 Stat. 2299, provided that:
''This Act (amending section 824e of this title and enacting provisions
set out as notes under section 824e of this title) may be cited as the
'Regulatory Fairness Act'.''
Pub. L. 99-495, 1(a), Oct. 16, 1986, 100 Stat. 1243, provided
that: ''This Act (enacting sections 797b and 823b of this title,
amending sections 797, 800, 802, 803, 807, 808, 817, 823a, 824a-3, and
824j of this title, and enacting provisions set out as notes under
sections 797, 803, 823a, 824a-3, and 825h of this title) may be cited as
the 'Electric Consumers Protection Act of 1986'.''
16 USC 792. Federal Power Commission; creation; number;
appointment; term; qualifications; vacancies; quorum; chairman;
salary; place of holding sessions
TITLE 16 -- CONSERVATION
A commission is created and established to be known as the Federal
Power Commission (hereinafter referred to as the ''commission'') which
shall be composed of five commissioners who shall be appointed by the
President, by and with the advice and consent of the Senate, one of whom
shall be designated by the President as chairman and shall be the
principal executive officer of the commission. Each chairman, when so
designated, shall act as such until the expiration of his term of
office.
The commissioners first appointed under this section, as amended,
shall continue in office for terms of one, two, three, four, and five
years, respectively, from June 23, 1930, the term of each to be
designated by the President at the time of nomination. Their successors
shall be appointed each for a term of five years from the date of the
expiration of the term for which his predecessor was appointed and until
his successor is appointed and has qualified, except that he shall not
so continue to serve beyond the expiration of the next session of
Congress subsequent to the expiration of said fixed term of office, and
except that any person appointed to fill a vacancy occurring prior to
the expiration of the term for which his predecessor was appointed shall
be appointed only for the unexpired term. Not more than three of the
commissioners shall be appointed from the same political party. No
person in the employ of or holding any official relation to any licensee
or to any person, firm, association, or corporation engaged in the
generation, transmission, distribution, or sale of power, or owning
stock or bonds thereof, or who is in any manner pecuniarily interested
therein, shall enter upon the duties of or hold the office of
commissioners. Said commissioners shall not engage in any other
business, vocation, or employment. No vacancy in the commission shall
impair the right of the remaining commissioners to exercise all the
powers of the commission. Three members of the commission shall
constitute a quorum for the transaction of business, and the commission
shall have an official seal of which judicial notice shall be taken.
The commission shall annually elect a vice chairman to act in case of
the absence or disability of the chairman or in case of a vacancy in the
office of chairman.
Each commissioner shall receive necessary traveling and subsistence
expenses, or per diem allowance in lieu thereof, within the limitation
prescribed by law, while away from the seat of government upon official
business.
The principal office of the commission shall be in the District of
Columbia, where its general sessions shall be held; but whenever the
convenience of the public or of the parties may be promoted or delay or
expense prevented thereby, the commission may hold special sessions in
any part of the United States.
(June 10, 1920, ch. 285, pt. I, 1, 41 Stat. 1063; June 23, 1930,
ch. 572, 1, 46 Stat. 797; 1950 Reorg. Plan No. 9, 3, eff. May 24,
1950, 15 F.R. 3175, 64 Stat. 1265; July 12, 1960, Pub. L. 86-619, 1,
74 Stat. 407.)
Provisions which prescribed the compensation of commissioners were
omitted as obsolete. Compensation of the Chairman and members of the
Commission was prescribed by sections 5314 and 5315 of Title 5,
Government Organization and Employees, prior to termination of the
Commission. See Transfer of Functions note below.
1960 -- Pub. L. 86-619 provided for continuation in office of a
commissioner upon termination of his term until a successor is appointed
and has qualified, not beyond expiration of next session of Congress
subsequent to the expiration of said fixed term of office.
1930 -- Act June 23, 1938, amended section generally. Prior to
amendment section read as follows: ''A commission is hereby created and
established, to be known as the Federal Power Commission (hereinafter
referred to as the commission), which shall be composed of the Secretary
of War, the Secretary of the Interior, and the Secretary of Agriculture.
Two members of the commission shall constitute a quorum for the
transaction of business, and the commission shall have an official seal,
which shall be judicially noticed. The President shall designate the
chairman of the commission.''
Act Oct. 15, 1949, ch. 695, 5(a), 63 Stat. 880, formerly cited as
a credit to this section, was repealed by Pub. L. 89-554, 8(a), Sept.
6, 1966, 80 Stat. 655.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, set out below.
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Subject to the provisions of subsection (b) of this section,
there are hereby transferred from the Federal Power Commission,
hereinafter referred to as the Commission, to the Chairman of the
Commission, hereinafter referred to as the Chairman, the executive and
administrative functions of the Commission, including functions of the
Commission with respect to (1) the appointment and supervision of
personnel employed under the Commission, (2) the distribution of
business among such personnel and among administrative units of the
Commission, and (3) the use and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(3) Personnel employed regularly and full time in the immediate
offices of Commissioners other than the Chairman shall not be affected
by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.
The Chairman may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any officer, employee,
or administrative unit under his jurisdiction of any functions
transferred to the Chairman by the provisions of this reorganization
plan.
The functions of the Commission with respect to choosing a chairman
from among the commissioners composing the Commission are hereby
transferred to the President.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 10 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Securities and Exchange Commission. My reasons
for transmitting this plan are stated in an accompanying general
message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 10 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
16 USC 793. Appointment of officers and employees of Commission;
duties, and salaries; detail of officers and employees from other
departments; expenditures authorized
TITLE 16 -- CONSERVATION
The commission shall have authority to appoint, prescribe the duties,
and fix the salaries of, a secretary, a chief engineer, a general
counsel, a solicitor, and a chief accountant; and may, subject to the
civil service laws, appoint such other officers and employees as are
necessary in the execution of its functions and fix their salaries in
accordance with chapter 51 and subchapter III of chapter 53 of title 5.
The commission may request the President to detail an officer or
officers from the Corps of Engineers, or other branches of the United
States Army, to serve the commission as engineer officer or officers, or
in any other capacity, in field work outside the seat of government,
their duties to be prescribed by the commission; and such detail is
authorized. The President may also, at the request of the commission,
detail, assign, or transfer to the commission, engineers in or under the
Departments of the Interior or Agriculture for field work outside the
seat of government under the direction of the commission.
The commission may make such expenditures (including expenditures for
rent and personal services at the seat of government and elsewhere, for
law books, periodicals, and books of reference, and for printing and
binding) as are necessary to execute its functions. Expenditures by the
commission shall be allowed and paid upon the presentation of itemized
vouchers therefor, approved by the chairman of the commission or by such
other member or officer as may be authorized by the commission for that
purpose subject to applicable regulations under the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.).
(June 10, 1920, ch. 285, pt. I, 2, 41 Stat. 1063; June 23, 1930,
ch. 572, 1, 46 Stat. 798; Oct. 28, 1949, ch. 782, title XI, 1106(a),
63 Stat. 972; Oct. 31, 1951, ch. 654, 2(14), 65 Stat. 707.)
The civil service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 of et seq. of Title 5.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that act relating to regulations are
classified to section 486 of Title 40, Public Buildings, Property, and
Works. Provisions of that act relating to contracts are classified to
subchapter IV ( 251 et seq.) of chapter 4 of Title 41, Public Contracts.
For complete classification of this Act to the Code, see Short Title
note set out under section 471 of Title 40 and Tables.
All appointments referred to in the first sentence are subject to the
civil service laws unless specifically excepted by those laws or by laws
enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by
the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I,
1, 54 Stat. 1211, which covered most excepted positions into the
classified (competitive) civil service. The Order is set out as a note
under section 3301 of Title 5, Government Organization and Employees.
As to the compensation of such personnel, sections 1202 and 1204 of
the Classification Act of 1949, 63 Stat. 972, 973, repealed the
Classification Act of 1923 and all other laws or parts of laws
inconsistent with the 1949 Act. The Classification Act of 1949 was
repealed Pub. L. 89-554, Sept. 6, 1966, 8(a), 80 Stat. 632, and
reenacted as chapter 51 and subchapter III of chapter 53 of Title 5.
Section 5102 of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.
''Chapter 51 and subchapter III of chapter 53 of title 5'' was
substituted in text for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5.
1951 -- Act Oct. 31, 1951, inserted reference to applicable
regulations of the Federal Property and Administrative Services Act of
1949, as amended, at end of section.
1949 -- Act Oct. 28, 1949, substituted ''Classification Act of
1949'' for ''Classification Act of 1923''.
1930 -- Act June 23, 1930, substituted provisions permitting the
commission to appoint, prescribe the duties, and fix the salaries of, a
secretary, a chief engineer, a general counsel, a solicitor, and a chief
accountant, and to appoint such other officers and employees as are
necessary in the execution of its functions and fix their salaries, and
authorizing the detail of officers from the Corps of Engineers, or other
branches of the United States Army, to serve the commission as engineer
officers, or in any other capacity, in field work outside the seat of
government, and the detail, assignment or transfer to the commission of
engineers in or under the Departments of the Interior or Agriculture for
work outside the seat of government for provisions which required the
commission to appoint an executive secretary at a salary of $5,000 per
year and prescribe his duties, and which permitted the detail of an
officer from the United States Engineer Corps to serve the commission as
engineer officer; and inserted provisions permitting the commission to
make certain expenditures necessary in the execution of its functions,
and allowing the payment of expenditures upon the presentation of
itemized vouchers approved by authorized persons.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 793a. Repealed. Pub. L. 87-367, title I, 103(5), Oct. 4,
1961, 75 Stat. 787
TITLE 16 -- CONSERVATION
Section, Pub. L. 86-626, title I, 101, July 12, 1960, 74 Stat.
430, authorized the Federal Power Commission to place four additional
positions in grade 18, one in grade 17 and one in grade 16 of the
General Schedule of the Classification Act of 1949.
16 USC 794, 795. Omitted
TITLE 16 -- CONSERVATION
Section 794, which required the work of the commission to be
performed by and through the Departments of War, Interior, and
Agriculture and their personnel, consisted of the second paragraph of
section 2 of act June 10, 1920, ch. 285, 41 Stat. 1063, which was
omitted in the revision of said section 2 by act June 23, 1930, ch.
572, 1, 46 Stat. 798. The first and third paragraphs of said section 2
were formerly classified to sections 793 and 795 of this title.
Section 795, which related to expenses of the commission generally,
consisted of the third paragraph of section 2 of act June 10, 1920, ch.
285, 41 Stat. 1063. Such section 2 was amended generally by act June
23, 1930, ch. 572, 1, 46 Stat. 798, and is classified to section 793
of this title. The first and second paragraphs of said section 2 were
formerly classified to sections 793 and 794 of this title.
16 USC 796. Definitions
TITLE 16 -- CONSERVATION
The words defined in this section shall have the following meanings
for purposes of this chapter, to wit:
(1) ''public lands'' means such lands and interest in lands owned by
the United States as are subject to private appropriation and disposal
under public land laws. It shall not include ''reservations'', as
hereinafter defined;
(2) ''reservations'' means national forests, tribal lands embraced
within Indian reservations, military reservations, and other lands and
interests in lands owned by the United States, and withdrawn, reserved,
or withheld from private appropriation and disposal under the public
land laws; also lands and interests in lands acquired and held for any
public purposes; but shall not include national monuments or national
parks;
(3) ''corporation'' means any corporation, joint-stock company,
partnership, association, business trust, organized group of persons,
whether incorporated or not, or a receiver or receivers, trustee or
trustees of any of the foregoing. It shall not include
''municipalities'' as hereinafter defined;
(4) ''person'' means an individual or a corporation;
(5) ''licensee'' means any person, State, or municipality licensed
under the provisions of section 797 of this title, and any assignee or
successor in interest thereof;
(6) ''State'' means a State admitted to the Union, the District of
Columbia, and any organized Territory of the United States;
(7) ''municipality'' means a city, county, irrigation district,
drainage district, or other political subdivision or agency of a State
competent under the laws thereof to carry on the business of developing,
transmitting, utilizing, or distributing power;
(8) ''navigable waters'' means those parts of streams or other bodies
of water over which Congress has jurisdiction under its authority to
regulate commerce with foreign nations and among the several States, and
which either in their natural or improved condition notwithstanding
interruptions between the navigable parts of such streams or waters by
falls, shallows, or rapids compelling land carriage, are used or
suitable for use for the transportation of persons or property in
interstate or foreign commerce, including therein all such interrupting
falls, shallows, or rapids, together with such other parts of streams as
shall have been authorized by Congress for improvement by the United
States or shall have been recommended to Congress for such improvement
after investigation under its authority;
(9) ''municipal purposes'' means and includes all purposes within
municipal powers as defined by the constitution or laws of the State or
by the charter of the municipality;
(10) ''Government dam'' means a dam or other work constructed or
owned by the United States for Government purposes with or without
contribution from others;
(11) ''project'' means complete unit of improvement or development,
consisting of a power house, all water conduits, all dams and
appurtenant works and structures (including navigation structures) which
are a part of said unit, and all storage, diverting, or forebay
reservoirs directly connected therewith, the primary line or lines
transmitting power therefrom to the point of junction with the
distribution system or with the interconnected primary transmission
system, all miscellaneous structures used and useful in connection with
said unit or any part thereof, and all water-rights, rights-of-way,
ditches, dams, reservoirs, lands, or interest in lands the use and
occupancy of which are necessary or appropriate in the maintenance and
operation of such unit;
(12) ''project works'' means the physical structures of a project;
(13) ''net investment'' in a project means the actual legitimate
original cost thereof as defined and interpreted in the ''classification
of investment in road and equipment of steam roads, issue of 1914,
Interstate Commerce Commission'', plus similar costs of additions
thereto and betterments thereof, minus the sum of the following items
properly allocated thereto, if and to the extent that such items have
been accumulated during the period of the license from earnings in
excess of a fair return on such investment: (a) Unappropriated surplus,
(b) aggregate credit balances of current depreciation accounts, and (c)
aggregate appropriations of surplus or income held in amortization,
sinking fund, or similar reserves, or expended for additions or
betterments or used for the purposes for which such reserves were
created. The term ''cost'' shall include, insofar as applicable, the
elements thereof prescribed in said classification, but shall not
include expenditures from funds obtained through donations by States,
municipalities, individuals, or others, and said classification of
investment of the Interstate Commerce Commission shall insofar as
applicable be published and promulgated as a part of the rules and
regulations of the Commission;
(14) ''Commission'' and ''Commissioner'' means the Federal Power
Commission, and a member thereof, respectively;
(15) ''State commission'' means the regulatory body of the State or
municipality having jurisdiction to regulate rates and charges for the
sale of electric energy to consumers within the State or municipality;
(16) ''security'' means any note, stock, treasury stock, bond,
debenture, or other evidence of interest in or indebtedness of a
corporation subject to the provisions of this chapter;
(17)(A) ''small power production facility'' means a facility which is
an eligible solar, wind, waste, or geothermal facility, or a facility
which --
(i) produces electric energy solely by the use, as a primary energy
source, of biomass, waste, renewable resources, geothermal resources, or
any combination thereof; and
(ii) has a power production capacity which, together with any other
facilities located at the same site (as determined by the Commission),
is not greater than 80 megawatts;
(B) ''primary energy source'' means the fuel or fuels used for the
generation of electric energy, except that such term does not include,
as determined under rules prescribed by the Commission, in consultation
with the Secretary of Energy --
(i) the minimum amounts of fuel required for ignition, startup,
testing, flame stabilization, and control uses, and
(ii) the minimum amounts of fuel required to alleviate or prevent --
(I) unanticipated equipment outages, and
(II) emergencies, directly affecting the public health, safety, or
welfare, which would result from electric power outages;
(C) ''qualifying small power production facility'' means a small
power production facility --
(i) which the Commission determines, by rule, meets such requirements
(including requirements respecting fuel use, fuel efficiency, and
reliability) as the Commission may, by rule, prescribe; and
(ii) which is owned by a person not primarily engaged in the
generation or sale of electric power (other than electric power solely
from cogeneration facilities or small power production facilities);
(D) ''qualifying small power producer'' means the owner or operator
of a qualifying small power production facility;
(E) ''eligible solar, wind, waste or geothermal facility'' means a
facility which produces electric energy solely by the use, as a primary
energy source, of solar energy, wind energy, waste resources or
geothermal resources; but only if --
(i) either of the following is submitted to the Commission not later
than December 31, 1994:
(I) an application for certification of the facility as a qualifying
small power production facility; or
(II) notice that the facility meets the requirements for
qualification; and
(ii) construction of such facility commences not later than December
31, 1999, or, if not, reasonable diligence is exercised toward the
completion of such facility taking into account all factors relevant to
construction of the facility. /1/
(18)(A) ''cogeneration facility'' means a facility which produces --
(i) electric energy, and
(ii) steam or forms of useful energy (such as heat) which are used
for industrial, commercial, heating, or cooling purposes;
(B) ''qualifying cogeneration facility'' means a cogeneration
facility which --
(i) the Commission determines, by rule, meets such requirements
(including requirements respecting minimum size, fuel use, and fuel
efficiency) as the Commission may, by rule, prescribe; and
(ii) is owned by a person not primarily engaged in the generation or
sale of electric power (other than electric power solely from
cogeneration facilities or small power production facilities);
(C) ''qualifying cogenerator'' means the owner or operator of a
qualifying cogeneration facility;
(19) ''Federal power marketing agency'' means any agency or
instrumentality of the United States (other than the Tennessee Valley
Authority) which sells electric energy;
(20) ''evidentiary hearings'' and ''evidentiary proceeding'' mean a
proceeding conducted as provided in sections 554, 556, and 557 of title
5;
(21) ''State regulatory authority'' has the same meaning as the term
''State commission'', except that in the case of an electric utility
with respect to which the Tennessee Valley Authority has ratemaking
authority (as defined in section 2602 of this title), such term means
the Tennessee Valley Authority;
(22) ''electric utility'' means any person or State agency (including
any municipality) which sells electric energy; such term includes the
Tennessee Valley Authority, but does not include any Federal power
marketing agency. /1/
(23) Transmitting utility. -- The term ''transmitting utility'' means
any electric utility, qualifying cogeneration facility, qualifying small
power production facility, or Federal power marketing agency which owns
or operates electric power transmission facilities which are used for
the sale of electric energy at wholesale. /1/
(24) Wholesale transmission services. -- The term ''wholesale
transmission services'' means the transmission of electric energy sold,
or to be sold, at wholesale in interstate commerce. /2/
(25) Exempt wholesale generator. -- The term ''exempt wholesale
generator'' shall have the meaning provided by section 79z-5a of title
15.
(June 10, 1920, ch. 285, pt. I, 3, 41 Stat. 1063; Aug. 26, 1935,
ch. 687, title II, 201, 49 Stat. 838; Nov. 9, 1978, Pub. L. 95-617,
title II, 201, 92 Stat. 3134; June 30, 1980, Pub. L. 96-294, title VI,
643(a)(1), 94 Stat. 770; Nov. 15, 1990, Pub. L. 101-575, 3, 104 Stat.
2834; May 17, 1991, Pub. L. 102-46, 105 Stat. 249; Oct. 24, 1992, Pub.
L. 102-486, title VII, 726, 106 Stat. 2921.)
The public land laws, referred to in pars. (1), (2), are classified
generally to Title 43, Public Lands.
1992 -- Par. (22). Pub. L. 102-486, 726(b), inserted ''(including
any municipality)'' after ''State agency''.
Pars. (23) to (25). Pub. L. 102-486, 726(a), added pars. (23) to
(25).
1991 -- Par. (17)(E). Pub. L. 102-46 struck out '', and which would
otherwise not qualify as a small power production facility because of
the power production capacity limitation contained in subparagraph
(A)(ii)'' after ''geothermal resources'' in introductory provisions.
1990 -- Par. (17)(A). Pub. L. 101-575, 3(a), inserted ''a facility
which is an eligible solar, wind, waste, or geothermal facility, or''.
Par. (17)(E). Pub. L. 101-575, 3(b), added subpar. (E).
1980 -- Par. (17)(A)(i). Pub. L. 96-294 added applicability to
geothermal resources.
1978 -- Pars. (17) to (22). Pub. L. 95-617 added pars. (17) to
(22).
1935 -- Act Aug. 26, 1935, amended definitions of ''reservations''
and ''corporations'', and inserted definitions of ''person'',
''licensee'', ''commission'', ''commissioner'', ''State commission'' and
''security''.
Section 4 of Pub. L. 101-575 provided that: ''Unless the Federal
Energy Regulatory Commission otherwise specifies, by rule after
enactment of this Act (Nov. 15, 1990), any eligible solar, wind, waste,
or geothermal facility (as defined in section 3(17)(E) of the Federal
Power Act as amended by this Act (16 U.S.C. 796(17)(E))), which is a
qualifying small power production facility (as defined in subparagraph
(C) of section 3(17) of the Federal Power Act as amended by this Act) --
''(1) shall be considered a qualifying small power production
facility for purposes of part 292 of title 18, Code of Federal
Regulations, notwithstanding any size limitations contained in such
part, and
''(2) shall not be subject to the size limitation contained in
section 292.601(b) of such part.''
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
title 26 section 168; title 30 section 1141; title
42 sections 7429, 7651d, 8259; title 49 App. section
1671.
/1/ So in original. The period probably should be a semicolon.
/2/ So in original. The period probably should be ''; and''.
16 USC 797. General powers of Commission
TITLE 16 -- CONSERVATION
The Commission is authorized and empowered --
(a) Investigations and data
To make investigations and to collect and record data concerning the
utilization of the water resources of any region to be developed, the
water-power industry and its relation to other industries and to
interstate or foreign commerce, and concerning the location, capacity,
development costs, and relation to markets of power sites, and whether
the power from Government dams can be advantageously used by the United
States for its public purposes, and what is a fair value of such power,
to the extent the Commission may deem necessary or useful for the
purposes of this chapter.
(b) Statements as to investment of licenses in projects; access to
projects, maps, etc.
To determine the actual legitimate original cost of and the net
investment in a licensed project, and to aid the Commission in such
determinations, each licensee shall, upon oath, within a reasonable
period of time to be fixed by the Commission, after the construction of
the original project or any addition thereto or betterment thereof, file
with the Commission in such detail as the Commission may require, a
statement in duplicate showing the actual legitimate original cost of
construction of such project addition, or betterment, and of the price
paid for water rights, rights-of-way, lands, or interest in lands. The
licensee shall grant to the Commission or to its duly authorized agent
or agents, at all reasonable times, free access to such project,
addition, or betterment, and to all maps, profiles, contracts, reports
of engineers, accounts, books, records, and all other papers and
documents relating thereto. The statement of actual legitimate original
cost of said project, and revisions thereof as determined by the
Commission, shall be filed with the Secretary of the Treasury.
(c) Cooperation with executive departments; information and aid
furnished Commission
To cooperate with the executive departments and other agencies of
State or National Governments in such investigations; and for such
purpose the several departments and agencies of the National Government
are authorized and directed upon the request of the Commission, to
furnish such records, papers, and information in their possession as may
be requested by the Commission, and temporarily to detail to the
Commission such officers or experts as may be necessary in such
investigations.
(d) Publication of information, etc.; reports to Congress
To make public from time to time the information secured hereunder,
and to provide for the publication of its reports and investigations in
such form and manner as may be best adapted for public information and
use. The Commission, on or before the 3d day of January of each year,
shall submit to Congress for the fiscal year preceding a classified
report showing the permits and licenses issued under this subchapter,
and in each case the parties thereto, the terms prescribed, and the
moneys received if any, or account thereof.
(e) Issue of licenses for construction, etc., of dams, conduits,
reservoirs, etc.
To issue licenses to citizens of the United States, or to any
association of such citizens, or to any corporation organized under the
laws of the United States or any State thereof, or to any State or
municipality for the purpose of constructing, operating, and maintaining
dams, water conduits, reservoirs, power houses, transmission lines, or
other project works necessary or convenient for the development and
improvement of navigation and for the development, transmission, and
utilization of power across, along, from, or in any of the streams or
other bodies of water over which Congress has jurisdiction under its
authority to regulate commerce with foreign nations and among the
several States, or upon any part of the public lands and reservations of
the United States (including the Territories), or for the purpose of
utilizing the surplus water or water power from any Government dam,
except as herein provided: Provided, That licenses shall be issued
within any reservation only after a finding by the Commission that the
license will not interfere or be inconsistent with the purpose for which
such reservation was created or acquired, and shall be subject to and
contain such conditions as the Secretary of the department under whose
supervision such reservation falls shall deem necessary for the adequate
protection and utilization of such reservations: Provided further, That
no license affecting the navigable capacity of any navigable waters of
the United States shall be issued until the plans of the dam or other
structures affecting the navigation have been approved by the Chief of
Engineers and the Secretary of the Army. Whenever the contemplated
improvement is, in the judgment of the Commission, desirable and
justified in the public interest for the purpose of improving or
developing a waterway or waterways for the use or benefit of interstate
or foreign commerce, a finding to that effect shall be made by the
Commission and shall become a part of the records of the Commission:
Provided further, That in case the Commission shall find that any
Government dam may be advantageously used by the United States for
public purposes in addition to navigation, no license therefor shall be
issued until two years after it shall have reported to Congress the
facts and conditions relating thereto, except that this provision shall
not apply to any Government dam constructed prior to June 10, 1920: And
provided further, That upon the filing of any application for a license
which has not been preceded by a preliminary permit under subsection (f)
of this section, notice shall be given and published as required by the
proviso of said subsection. In deciding whether to issue any license
under this subchapter for any project, the Commission, in addition to
the power and development purposes for which licenses are issued, shall
give equal consideration to the purposes of energy conservation, the
protection, mitigation of damage to, and enhancement of, fish and
wildlife (including related spawning grounds and habitat), the
protection of recreational opportunities, and the preservation of other
aspects of environmental quality.
(f) Preliminary permits; notice of application
To issue preliminary permits for the purpose of enabling applicants
for a license hereunder to secure the data and to perform the acts
required by section 802 of this title: Provided, however, That upon the
filing of any application for a preliminary permit by any person,
association, or corporation the Commission, before granting such
application, shall at once give notice of such application in writing to
any State or municipality likely to be interested in or affected by such
application; and shall also publish notice of such application once
each week for four weeks in a daily or weekly newspaper published in the
county or counties in which the project or any part hereof or the lands
affected thereby are situated.
(g) Investigation of occupancy for developing power; orders
Upon its own motion to order an investigation of any occupancy of, or
evidenced intention to occupy, for the purpose of developing electric
power, public lands, reservations, or streams or other bodies of water
over which Congress has jurisdiction under its authority to regulate
commerce with foreign nations and among the several States by any
person, corporation, State, or municipality and to issue such order as
it may find appropriate, expedient, and in the public interest to
conserve and utilize the navigation and water-power resources of the
region.
(June 10, 1920, ch. 285, pt. I, 4, 41 Stat. 1065; June 23, 1930,
ch. 572, 2, 46 Stat. 798; Aug. 26, 1935, ch. 687, title II, 202, 49
Stat. 839; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501;
Dec. 21, 1982, Pub. L. 97-375, title II, 212, 96 Stat. 1826; Oct. 16,
1986, Pub. L. 99-495, 3(a), 100 Stat. 1243.)
1986 -- Subsec. (e). Pub. L. 99-495 inserted provisions that in
deciding whether to issue any license under this subchapter, the
Commission, in addition to power and development purposes, is required
to give equal consideration to purposes of energy conservation, the
protection, mitigation of damage to, and enhancement of, fish and
wildlife, the protection of recreational opportunities, and the
preservation of environmental quality.
1982 -- Subsec. (d). Pub. L. 97-375 struck out provision that the
report contain the names and show the compensation of the persons
employed by the Commission.
1935 -- Subsec. (a). Act Aug. 26, 1935, struck out last paragraph
of subsec. (a) which related to statements of cost of construction,
etc., and free access to projects, maps, etc., and is now covered by
subsec. (b).
Subsecs. (b), (c). Act Aug. 26, 1935, added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Subsec. (d). Act Aug. 26, 1935, redesignated subsec. (c) as (d) and
substituted ''3d day of January'' for ''first Monday in December'' in
second sentence. Former subsec. (d) redesignated (e).
Subsec. (e). Act Aug. 26, 1935, redesignated subsec. (d) and (e)
and substituted ''streams or other bodies of water over which Congress
has jurisdiction under its authority to regulate commerce with foreign
nations and among the several States'' for ''navigable waters of the
United States'' and ''subsection (f)'' for ''subsection (e)''. Former
subsec. (e) redesignated (f).
Subsec. (f). Act Aug. 26, 1935, redesignated subsec. (e) as (f) and
substituted ''once each week for four weeks'' for ''for eight weeks''.
Former section (f), which related to the power of the Commission to
prescribe regulations for the establishment of a system of accounts and
the maintenance thereof, was struck out by act Aug. 26, 1935.
Subsec. (g). Act Aug. 26, 1935, added subsec. (g). Former subsec.
(g), which related to the power of the Commission to hold hearings and
take testimony by deposition, was struck out.
Subsec. (h). Act Aug. 26, 1935, struck out subsec. (h) which
related to the power of the Commission to perform any and all acts
necessary and proper for the purpose of carrying out the provisions of
this chapter.
1930 -- Subsec. (d). Act June 23, 1930, inserted sentence respecting
contents of report.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Section 18 of Pub. L. 99-495 provided that: ''Except as otherwise
provided in this Act, the amendments made by this Act (enacting section
823b of this title and amending this section and sections 800, 802, 803,
807, 808, 817, 823a, 824a-3, and 824j of this title) shall take effect
with respect to each license, permit, or exemption issued under the
Federal Power Act after the enactment of this Act (Oct. 16, 1986). The
amendments made by sections 6 and 12 of this Act (enacting section 823b
of this title and amending section 817 of this title) shall apply to
licenses, permits, and exemptions without regard to when issued.''
Section 17(a) of Pub. L. 99-495 provided that: ''Nothing in this
Act (see Short Title of 1986 Amendment note set out under section 791a
of this title) shall be construed as authorizing the appropriation of
water by any Federal, State, or local agency, Indian tribe, or any other
entity or individual. Nor shall any provision of this Act --
''(1) affect the rights or jurisdiction of the United States, the
States, Indian tribes, or other entities over waters of any river or
stream or over any ground water resource;
''(2) alter, amend, repeal, interpret, modify, or be in conflict with
any interstate compact made by the States;
''(3) alter or establish the respective rights of States, the United
States, Indian tribes, or any person with respect to any water or
water-related right;
''(4) affect, expand, or create rights to use transmission facilities
owned by the Federal Government;
''(5) alter, amend, repeal, interpret, modify, or be in conflict
with, the Treaty rights or other rights of any Indian tribe;
''(6) permit the filing of any competing application in any
relicensing proceeding where the time for filing a competing application
expired before the enactment of this Act (Oct. 16, 1986); or
''(7) modify, supersede, or affect the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839 et seq.).''
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Pub. L. 102-486, title XXIV, 2404, Oct. 24, 1992, 106 Stat. 3097,
provided that:
''(a) Studies of Opportunities for Increased Hydroelectric
Generation. -- The Secretary, in consultation with the Secretary of the
Interior and the Secretary of the Army, shall perform reconnaissance
level studies of cost effective opportunities to increase hydropower
production at existing federally-owned or operated water regulation,
storage, and conveyance facilities. Such studies shall be completed
within 2 years after the date of enactment of this Act (Oct. 24, 1992)
and transmitted to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the United States Senate
and to the Committee on Energy and Commerce, the Committee on Interior
and Insular Affairs (now Committee on Natural Resources), and the
Committee on Public Works and Transportation of the United States House
of Representatives. An individual study shall be prepared for each of
the Nation's principal river basins. Each such study shall identify and
describe with specificity the following matters:
''(1) opportunities to improve the efficiency of hydroelectric
generation at such facilities through, but not limited to, mechanical,
structural, or operational changes;
''(2) opportunities to improve the efficiency of the use of water
supplied or regulated by Federal projects where such improvement could,
in the absence of legal or administrative constraints, make additional
water supplies available for hydroelectric generation or reduce project
energy use;
''(3) opportunities to create additional generating capacity at
existing facilities through, but not limited to, the construction of
additional generating units, the uprating of generators and turbines,
and the construction of pumped storage facilities; and
''(4) preliminary assessment of the costs and the economic and
environmental consequences of such measures.
''(b) Exception for Previous Studies. -- In those cases where studies
of the type required by this section have been prepared by any agency of
the United States and published within the ten years prior to the date
of enactment of this Act (Oct. 24, 1992), the Secretary may choose not
to perform new studies but incorporate the information developed by such
studies into the study reports required by this section.
''(c) Authorization. -- There is authorized to be appropriated in
each of the fiscal years 1993, 1994, and 1995 such sums as may be
necessary to carry out the purposes of this section.''
Pub. L. 102-486, title XXIV, 2405, Oct. 24, 1992, 106 Stat. 3098,
provided that:
''(a) Studies. -- The Secretary of the Interior, acting pursuant to
the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388) (43
U.S.C. 371 et seq.), and Acts supplementary thereto and amendatory
thereof, is authorized and directed to conduct feasibility
investigations of opportunities to increase the amount of hydroelectric
energy available for marketing by the Secretary from Federal
hydroelectric power generation facilities resulting from a reduction in
the consumptive use of such power for Federal reclamation project
purposes or as a result of an increase in the amount of water available
for such generation because of water conservation efforts on Federal
reclamation projects or a combination thereof. The Secretary of the
Interior is further authorized and directed to conduct feasibility
investigations of opportunities to mitigate damages to or enhance fish
and wildlife as a result of increasing the amount of water available for
such purposes because of water conservation efforts on Federal
reclamation projects. Such feasibility investigations shall include,
but not be limited to --
''(1) an analysis of the technical, environmental, and economic
feasibility of reducing the amount of water diverted upstream of such
Federal hydroelectric power generation facilities by Federal reclamation
projects;
''(2) an estimate of the reduction, if any, of project power consumed
as a result of the decreased amount of diversion;
''(3) an estimate of the increase in the amount of electrical energy
and related revenues which would result from the marketing of such power
by the Secretary;
''(4) an estimate of the fish and wildlife benefits which would
result from the decreased or modified diversions;
''(5) a finding by the Secretary of the Interior that the activities
proposed in the feasibility study can be carried out in accordance with
applicable Federal and State law, interstate compacts and the
contractual obligations of the Secretary; and
''(6) a finding by the affected Federal Power Marketing Administrator
that the hydroelectric component of the proposed water conservation
feature is cost-effective and that the affected Administrator is able to
market the hydro-electric power expected to be generated.
''(b) Consultation. -- In preparing feasibility studies pursuant to
this section, the Secretary of the Interior shall consult with, and seek
the recommendations of, affected State, local and Indian tribal
interests, and shall provide for appropriate public comment.
''(c) Authorization. -- There is hereby authorized to be appropriated
to the Secretary of the Interior such sums as may be necessary to carry
out this section.''
Pub. L. 102-486, title XXIV, 2408, Oct. 24, 1992, 106 Stat. 3100,
provided that: ''The Federal Energy Regulatory Commission, in
consultation with the State of Hawaii, shall carry out a study of
hydroelectric licensing in the State of Hawaii. For purposes of
considering whether such licensing should be transferred to the State,
within 18 months after the enactment of this Act (Oct. 24, 1992), the
Commission shall complete the study and submit a report containing the
results of the study to the Committee on Energy and Commerce of the
United States House of Representatives and to the Committee on Energy
and Natural Resources of the United States Senate. The study shall
examine, and the report shall at a minimum contain an analysis of, each
of the following:
''(1) The State regulatory programs applicable to hydroelectric power
production and the extent to which such programs are suitable as a
substitute for regulation of such projects under the Federal Power Act
(16 U.S.C. 791a et seq.), taking into consideration all aspects of such
regulation, including energy, environmental, and safety considerations.
''(2) Any unique geographical, hydrological, or other characteristics
of waterways in Hawaii or any other aspects of hydroelectric power
development and natural resource protection in Hawaii that would justify
or not justify the permanent transfer of Federal Energy Regulatory
Commission jurisdiction over hydroelectric power projects to that State.
''(3) The adequacy of mechanisms and procedures for consideration of
fish and wildlife and other environmental values applicable in
connection with hydroelectric power development in Hawaii under the
State programs referred to in paragraph (1).
''(4) Any national policy considerations that would justify or not
justify the removal of Federal Energy Regulatory Commission jurisdiction
over hydroelectric power projects in Hawaii.
''(5) The precedent-setting effect, if any, of provisions of law
adopted by the Congress removing Federal Energy Regulatory Commission
jurisdiction over hydroelectric power projects in Hawaii.''
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
16 USC 797a. Congressional authorization for permits, licenses,
leases, or authorizations for dams, conduits, reservoirs, etc., within
national parks or monuments
TITLE 16 -- CONSERVATION
On and after March 3, 1921, no permit, license, lease, or
authorization for dams, conduits, reservoirs, power houses, transmission
lines, or other works for storage or carriage of water, or for the
development, transmission, or utilization of power within the limits as
constituted, March 3, 1921, of any national park or national monument
shall be granted or made without specific authority of Congress.
(Mar. 3, 1921, ch. 129, 41 Stat. 1353.)
Provisions repealing so much of this chapter ''as authorizes
licensing such uses of existing national parks and national monuments by
the Federal Power Commission'' have been omitted.
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
Section 212 of act Aug. 26, 1935, ch. 687, title II, 49 Stat. 847,
provided that nothing in this chapter, as amended should be construed to
repeal or amend the provisions of the act approved Mar. 3, 1921 (41
Stat. 1353) (16 U.S.C. 797a) or the provisions of any other Act relating
to national parks and national monuments.
16 USC 797b. Duty to keep Congress fully and currently informed
TITLE 16 -- CONSERVATION
The Federal Energy Regulatory Commission shall keep the Committee on
Energy and Commerce of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate fully and currently informed regarding actions of the Commission
with respect to the provisions of Part I of the Federal Power Act (16
U.S.C. 791a et seq.).
(Pub. L. 99-495, 16, Oct. 16, 1986, 100 Stat. 1259.)
The Federal Power Act, referred to in text, is act June 10, 1920, ch.
285, 41 Stat. 1063, as amended. Part I of the Federal Power Act is
classified generally to this subchapter ( 791a et seq.). For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
Section was enacted as part of the Electric Consumers Protection Act
of 1986, and not as part of the Federal Power Act which generally
comprises this chapter.
16 USC 797c. Dams in National Park System units
TITLE 16 -- CONSERVATION
After October 24, 1992, the Federal Energy Regulatory Commission may
not issue an original license under Part I of the Federal Power Act (16
U.S.C. 791a et seq.) (nor an exemption from such Part) for any new
hydroelectric power project located within the boundaries of any unit of
the National Park System that would have a direct adverse effect on
Federal lands within any such unit. Nothing in this section shall be
construed as repealing any existing provision of law (or affecting any
treaty) explicitly authorizing a hydroelectric power project.
(Pub. L. 102-486, title XXIV, 2402, Oct. 24, 1992, 106 Stat. 3097.)
The Federal Power Act, referred to in text, is act June 10, 1920, ch.
285, 41 Stat. 1063, as amended. Part I of the Act is classified
generally to this subchapter ( 791a et seq.). For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
Section was enacted as part of the Energy Policy Act of 1992, and not
as part of the Federal Power Act which generally comprises this chapter.
16 USC 797d. Third party contracting by FERC
TITLE 16 -- CONSERVATION
(a) Environmental impact statements
Where the Federal Energy Regulatory Commission is required to prepare
a draft or final environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 and following) in
connection with an application for a license under part I of the Federal
Power Act (16 U.S.C. 791a et seq.), the Commission may permit, at the
election of the applicant, a contractor, consultant or other person
funded by the applicant and chosen by the Commission from among a list
of such individuals or companies determined by the Commission to be
qualified to do such work, to prepare such statement for the Commission.
The contractor shall execute a disclosure statement prepared by the
Commission specifying that it has no financial or other interest in the
outcome of the project. The Commission shall establish the scope of
work and procedures to assure that the contractor, consultant or other
person has no financial or other potential conflict of interest in the
outcome of the proceeding. Nothing herein shall affect the Commission's
responsibility to comply with the National Environmental Policy Act of
1969.
(b) Environmental assessments
Where an environmental assessment is required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 and following) in
connection with an application for a license under part I of the Federal
Power Act (16 U.S.C. 791a et seq.), the Commission may permit an
applicant, or a contractor, consultant or other person selected by the
applicant, to prepare such environmental assessment. The Commission
shall institute procedures, including pre-application consultations, to
advise potential applicants of studies or other information foreseeably
required by the Commission. The Commission may allow the filing of such
applicant-prepared environmental assessments as part of the application.
Nothing herein shall affect the Commission's responsibility to comply
with the National Environmental Policy Act of 1969.
(c) Effective date
This section shall take effect with respect to license applications
filed after October 24, 1992.
(Pub. L. 102-486, title XXIV, 2403, Oct. 24, 1992, 106 Stat. 3097.)
The National Environmental Policy Act of 1969, referred to in
subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
as amended, which is classified generally to chapter 55 ( 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
The Federal Power Act, referred to in subsecs. (a) and (b), is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of the Act
is classified generally to this subchapter ( 791a et seq.). For
complete classification of this Act to the Code, see section 791a of
this title and Tables.
Section was enacted as part of the Energy Policy Act of 1992, and not
as part of the Federal Power Act which generally comprises this chapter.
16 USC 798. Purpose and scope of preliminary permits; transfer and
cancellation
TITLE 16 -- CONSERVATION
Each preliminary permit issued under this subchapter shall be for the
sole purpose of maintaining priority of application for a license under
the terms of this chapter for such period or periods, not exceeding a
total of three years, as in the discretion of the Commission may be
necessary for making examinations and surveys, for preparing maps,
plans, specifications, and estimates, and for making financial
arrangements. Each such permit shall set forth the conditions under
which priority shall be maintained. Such permits shall not be
transferable, and may be canceled by order of the Commission upon
failure of permittees to comply with the conditions thereof or for other
good cause shown after notice and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, 5, 41 Stat. 1067; Aug. 26, 1935,
ch. 687, title II, 203, 49 Stat. 841.)
1935 -- Act Aug. 26, 1935, amended section generally, striking out
''and a license issued'' at end of second sentence and inserting ''or
for other good cause shown after notice and opportunity for hearing'' in
last sentence.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 799. License; duration, conditions, revocation, alteration, or
surrender
TITLE 16 -- CONSERVATION
Licenses under this subchapter shall be issued for a period not
exceeding fifty years. Each such license shall be conditioned upon
acceptance by the licensee of all of the terms and conditions of this
chapter and such further conditions, if any, as the Commission shall
prescribe in conformity with this chapter, which said terms and
conditions and the acceptance thereof shall be expressed in said
license. Licenses may be revoked only for the reasons and in the manner
prescribed under the provisions of this chapter, and may be altered or
surrendered only upon mutual agreement between the licensee and the
Commission after thirty days' public notice. Copies of all licenses
issued under the provisions of this subchapter and calling for the
payment of annual charges shall be deposited with the General Accounting
Office, in compliance with section 20 of title 41.
(June 10, 1920, ch. 285, pt. I, 6, 41 Stat. 1067; Aug. 26, 1935,
ch. 687, title II, 204, 49 Stat. 841.)
1935 -- Act Aug. 26, 1935, amended section generally, substituting
''thirty days'' for ''ninety days'' in third sentence and inserting last
sentence.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 800. Issuance of preliminary permits or licenses
TITLE 16 -- CONSERVATION
(a) Preference
In issuing preliminary permits hereunder or original licenses where
no preliminary permit has been issued, the Commission shall give
preference to applications therefor by States and municipalities,
provided the plans for the same are deemed by the Commission equally
well adapted, or shall within a reasonable time to be fixed by the
Commission be made equally well adapted, to conserve and utilize in the
public interest the water resources of the region; and as between other
applicants, the Commission may give preference to the applicant the
plans of which it finds and determines are best adapted to develop,
conserve, and utilize in the public interest the water resources of the
region, if it be satisfied as to the ability of the applicant to carry
out such plans.
(b) Development of water resources by United States; reports
Whenever, in the judgment of the Commission, the development of any
water resources for public purposes should be undertaken by the United
States itself, the Commission shall not approve any application for any
project affecting such development, but shall cause to be made such
examinations, surveys, reports, plans, and estimates of the cost of the
proposed development as it may find necessary, and shall submit its
findings to Congress with such recommendations as it may find
appropriate concerning such development.
(c) Assumption of project by United States after expiration of
license
Whenever, after notice and opportunity for hearing, the Commission
determines that the United States should exercise its right upon or
after the expiration of any license to take over any project or projects
for public purposes, the Commission shall not issue a new license to the
original licensee or to a new licensee but shall submit its
recommendation to Congress together with such information as it may
consider appropriate.
(June 10, 1920, ch. 285, pt. I, 7, 41 Stat. 1067; Aug. 26, 1935,
ch. 687, title II, 205, 49 Stat. 842; Aug. 3, 1968, Pub. L. 90-451,
1, 82 Stat. 616; Oct. 16, 1986, Pub. L. 99-495, 2, 100 Stat. 1243.)
Additional provisions in the section as enacted by act June 10, 1920,
directing the commission to investigate the cost and economic value of
the power plant outlined in project numbered 3, House Document numbered
1400, Sixty-second Congress, third session, and also in connection with
such project to submit plans and estimates of cost necessary to secure
an increased water supply for the District of Columbia, have been
omitted as temporary and executed.
1986 -- Subsec. (a). Pub. L. 99-495 inserted ''original'' after
''hereunder or'' and substituted ''issued,'' for ''issued and in issuing
licenses to new licensees under section 808 of this title''.
1968 -- Subsec. (c). Pub. L. 90-451 added subsec. (c).
1935 -- Act Aug. 26, 1935, amended section generally, striking out
''navigation and'' before ''water resources'' wherever appearing, and
designating paragraphs as subsecs. (a) and (b).
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 801. Transfer of license; obligations of transferee
TITLE 16 -- CONSERVATION
No voluntary transfer of any license, or of the rights thereunder
granted, shall be made without the written approval of the commission;
and any successor or assign of the rights of such licensee, whether by
voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall
be subject to all the conditions of the license under which such rights
are held by such licensee and also subject to all the provisions and
conditions of this chapter to the same extent as though such successor
or assign were the original licensee under this chapter: Provided, That
a mortgage or trust deed or judicial sales made thereunder or under tax
sales shall not be deemed voluntary transfers within the meaning of this
section.
(June 10, 1920, ch. 285, pt. I, 8, 41 Stat. 1068.)
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 802. Information to accompany application for license;
landowner notification
TITLE 16 -- CONSERVATION
(a) Each applicant for a license under this chapter shall submit to
the commission --
(1) Such maps, plans, specifications, and estimates of cost as may be
required for a full understanding of the proposed project. Such maps,
plans, and specifications when approved by the commission shall be made
a part of the license; and thereafter no change shall be made in said
maps, plans, or specifications until such changes shall have been
approved and made a part of such license by the commission.
(2) Satisfactory evidence that the applicant has complied with the
requirements of the laws of the State or States within which the
proposed project is to be located with respect to bed and banks and to
the appropriation, diversion, and use of water for power purposes and
with respect to the right to engage in the business of developing,
transmitting and distributing power, and in any other business necessary
to effect the purposes of a license under this chapter.
(3) /1/ Such additional information as the commission may require.
(b) Upon the filing of any application for a license (other than a
license under section 808 of this title) the applicant shall make a good
faith effort to notify each of the following by certified mail:
(1) Any person who is an owner of record of any interest in the
property within the bounds of the project.
(2) Any Federal, State, municipal or other local governmental agency
likely to be interested in or affected by such application.
(June 10, 1920, ch. 285, pt. I, 9, 41 Stat. 1068; Oct. 16, 1986,
Pub. L. 99-495, 14, 100 Stat. 1257.)
Former subsec. (c), included in the provisions designated as subsec.
(a) by Pub. L. 99-495, has been editorially redesignated as par. (3)
of subsec. (a) as the probable intent of Congress.
1986 -- Pub. L. 99-495 designated existing provisions as subsec.
(a), redesignated former subsecs. (a) and (b) as pars. (1) and (2) of
subsec. (a), and added subsec. (b).
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
/1/ See Codification note below.
16 USC 803. Conditions of license generally
TITLE 16 -- CONSERVATION
All licenses issued under this subchapter shall be on the following
conditions:
(a) Modification of plans; factors considered to secure adaptability
of project; recommendations for proposed terms and conditions
(1) That the project adopted, including the maps, plans, and
specifications, shall be such as in the judgment of the Commission will
be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for the use or benefit of interstate or foreign
commerce, for the improvement and utilization of water-power
development, for the adequate protection, mitigation, and enhancement of
fish and wildlife (including related spawning grounds and habitat), and
for other beneficial public uses, including irrigation, flood control,
water supply, and recreational and other purposes referred to in section
797(e) of this title /1/ if necessary in order to secure such plan the
Commission shall have authority to require the modification of any
project and of the plans and specifications of the project works before
approval.
(2) In order to ensure that the project adopted will be best adapted
to the comprehensive plan described in paragraph (1), the Commission
shall consider each of the following:
(A) The extent to which the project is consistent with a
comprehensive plan (where one exists) for improving, developing, or
conserving a waterway or waterways affected by the project that is
prepared by --
(i) an agency established pursuant to Federal law that has the
authority to prepare such a plan; or
(ii) the State in which the facility is or will be located.
(B) The recommendations of Federal and State agencies exercising
administration over flood control, navigation, irrigation, recreation,
cultural and other relevant resources of the State in which the project
is located, and the recommendations (including fish and wildlife
recommendations) of Indian tribes affected by the project.
(C) In the case of a State or municipal applicant, or an applicant
which is primarily engaged in the generation or sale of electric power
(other than electric power solely from cogeneration facilities or small
power production facilities), the electricity consumption efficiency
improvement program of the applicant, including its plans, performance
and capabilities for encouraging or assisting its customers to conserve
electricity cost-effectively, taking into account the published
policies, restrictions, and requirements of relevant State regulatory
authorities applicable to such applicant.
(3) Upon receipt of an application for a license, the Commission
shall solicit recommendations from the agencies and Indian tribes
identified in subparagraphs (A) and (B) of paragraph (2) for proposed
terms and conditions for the Commission's consideration for inclusion in
the license.
(b) Alterations in project works
That except when emergency shall require for the protection of
navigation, life, health, or property, no substantial alteration or
addition not in conformity with the approved plans shall be made to any
dam or other project works constructed hereunder of an installed
capacity in excess of two thousand horsepower without the prior approval
of the Commission; and any emergency alteration or addition so made
shall thereafter be subject to such modification and change as the
Commission may direct.
(c) Maintenance and repair of project works; liability of licensee
for damages
That the licensee shall maintain the project works in a condition of
repair adequate for the purposes of navigation and for the efficient
operation of said works in the development and transmission of power,
shall make all necessary renewals and replacements, shall establish and
maintain adequate depreciation reserves for such purposes, shall so
maintain, and operate said works as not to impair navigation, and shall
conform to such rules and regulations as the Commission may from time to
time prescribe for the protection of life, health, and property. Each
licensee hereunder shall be liable for all damages occasioned to the
property of others by the construction, maintenance, or operation of the
project works or of the works appurtenant or accessory thereto,
constructed under the license and in no event shall the United States be
liable therefor.
(d) Amortization reserves
That after the first twenty years of operation, out of surplus earned
thereafter, if any, accumulated in excess of a specified reasonable rate
of return upon the net investment of a licensee in any project or
projects under license, the licensee shall establish and maintain
amortization reserves, which reserves shall, in the discretion of the
Commission, be held until the termination of the license or be applied
from time to time in reduction of the net investment. Such specified
rate of return and the proportion of such surplus earnings to be paid
into and held in such reserves shall be set forth in the license. For
any new license issued under section 808 of this title, the amortization
reserves under this subsection shall be maintained on and after the
effective date of such new license.
(e) Annual charges payable by licensees; maximum rates;
application; review and report to Congress
(1) That the licensee shall pay to the United States reasonable
annual charges in an amount to be fixed by the Commission for the
purpose of reimbursing the United States for the costs of the
administration of this subchapter, including any reasonable and
necessary costs incurred by Federal and State fish and wildlife agencies
and other natural and cultural resource agencies in connection with
studies or other reviews carried out by such agencies for purposes of
administering their responsibilities under this subchapter; for
recompensing it for the use, occupancy, and enjoyment of its lands or
other property; and for the expropriation to the Government of
excessive profits until the respective States shall make provision for
preventing excessive profits or for the expropriation thereof to
themselves, or until the period of amortization as herein provided is
reached, and in fixing such charges the Commission shall seek to avoid
increasing the price to the consumers of power by such charges, and any
such charges may be adjusted from time to time by the Commission as
conditions may require: Provided, That, subject to annual
appropriations Acts, the portion of such annual charges imposed by the
Commission under this subsection to cover the reasonable and necessary
costs of such agencies shall be available to such agencies (in addition
to other funds appropriated for such purposes) solely for carrying out
such studies and reviews and shall remain available until expended:
Provided, That when licenses are issued involving the use of Government
dams or other structures owned by the United States or tribal lands
embraced within Indian reservations the Commission shall, subject to the
approval of the Secretary of the Interior in the case of such dams or
structures in reclamation projects and, in the case of such tribal
lands, subject to the approval of the Indian tribe having jurisdiction
of such lands as provided in section 476 of title 25, fix a reasonable
annual charge for the use thereof, and such charges may with like
approval be readjusted by the Commission at the end of twenty years
after the project is available for service and at periods of not less
than ten years thereafter upon notice and opportunity for hearing:
Provided further, That licenses for the development, transmission, or
distribution of power by States or municipalities shall be issued and
enjoyed without charge to the extent such power is sold to the public
without profit or is used by such State or municipality for State or
municipal purposes, except that as to projects constructed or to be
constructed by States or municipalities primarily designed to provide or
improve navigation, licenses therefor shall be issued without charge;
and that licenses for the development, transmission, or distribution of
power for domestic, mining, or other beneficial use in projects of not
more than two thousand horsepower installed capacity may be issued
without charge, except on tribal lands within Indian reservations; but
in no case shall a license be issued free of charge for the development
and utilization of power created by any Government dam and that the
amount charged therefor in any license shall be such as determined by
the Commission: Provided however, That no charge shall be assessed for
the use of any Government dam or structure by any licensee if, before
January 1, 1985, the Secretary of the Interior has entered into a
contract with such licensee that meets each of the following
requirements:
(A) The contract covers one or more projects for which a license was
issued by the Commission before January 1, 1985.
(B) The contract contains provisions specifically providing each of
the following:
(i) A powerplant may be built by the licensee utilizing irrigation
facilities constructed by the United States.
(ii) The powerplant shall remain in the exclusive control,
possession, and ownership of the licensee concerned.
(iii) All revenue from the powerplant and from the use, sale, or
disposal of electric energy from the powerplant shall be, and remain,
the property of such licensee.
(C) The contract is an amendatory, supplemental and replacement
contract between the United States and: (i) the Quincy-Columbia Basin
Irrigation District (Contract No. 14-06-100-6418); (ii) the East
Columbia Basin Irrigation District (Contract No. 14-06-100-6419); or,
(iii) the South Columbia Basin Irrigation District (Contract No.
14-06-100-6420).
This paragraph shall apply to any project covered by a contract
referred to in this paragraph only during the term of such contract
unless otherwise provided by subsequent Act of Congress. In the event
an overpayment of any charge due under this section shall be made by a
licensee, the Commission is authorized to allow a credit for such
overpayment when charges are due for any subsequent period.
(2) In the case of licenses involving the use of Government dams or
other structures owned by the United States, the charges fixed (or
readjusted) by the Commission under paragraph (1) for the use of such
dams or structures shall not exceed 1 mill per kilowatt-hour for the
first 40 gigawatt-hours of energy a project produces in any year, 1 1/2
mills per kilowatt-hour for over 40 up to and including 80
gigawatt-hours in any year, and 2 mills per kilowatt-hour for any energy
the project produces over 80 gigawatt-hours in any year. Except as
provided in subsection (f) of this section, such charge shall be the
only charge assessed by any agency of the United States for the use of
such dams or structures.
(3) The provisions of paragraph (2) shall apply with respect to --
(A) all licenses issued after October 16, 1986; and
(B) all licenses issued before October 16, 1986, which --
(i) did not fix a specific charge for the use of the Government dam
or structure involved; and
(ii) did not specify that no charge would be fixed for the use of
such dam or structure.
(4) Every 5 years, the Commission shall review the appropriateness of
the annual charge limitations provided for in this subsection and report
to Congress concerning its recommendations thereon.
(f) Reimbursement by licensee of other licensees, etc.
That whenever any licensee hereunder is directly benefited by the
construction work of another licensee, a permittee, or of the United
States of a storage reservoir or other headwater improvement, the
Commission shall require as a condition of the license that the licensee
so benefited shall reimburse the owner of such reservoir or other
improvements for such part of the annual charges for interest,
maintenance, and depreciation thereon as the Commission may deem
equitable. The proportion of such charges to be paid by any licensee
shall be determined by the Commission. The licensees or permittees
affected shall pay to the United States the cost of making such
determination as fixed by the Commission.
Whenever such reservoir or other improvement is constructed by the
United States the Commission shall assess similar charges against any
licensee directly benefited thereby, and any amount so assessed shall be
paid into the Treasury of the United States, to be reserved and
appropriated as a part of the special fund for headwater improvements as
provided in section 810 of this title.
Whenever any power project not under license is benefited by the
construction work of a licensee or permittee, the United States or any
agency thereof, the Commission, after notice to the owner or owners of
such unlicensed project, shall determine and fix a reasonable and
equitable annual charge to be paid to the licensee or permittee on
account of such benefits, or to the United States if it be the owner of
such headwater improvement.
(g) Conditions in discretion of commission
Such other conditions not inconsistent with the provisions of this
chapter as the commission may require.
(h) Monopolistic combinations; prevention or minimization of
anticompetitive conduct; action by Commission regarding license and
operation and maintenance of project
(1) Combinations, agreements, arrangements, or understandings,
express or implied, to limit the output of electrical energy, to
restrain trade, or to fix, maintain, or increase prices for electrical
energy or service are hereby prohibited.
(2) That conduct under the license that: (A) results in the
contravention of the policies expressed in the antitrust laws; and (B)
is not otherwise justified by the public interest considering regulatory
policies expressed in other applicable law (including but not limited to
those contained in subchapter II of this chapter) shall be prevented or
adequately minimized by means of conditions included in the license
prior to its issuance. In the event it is impossible to prevent or
adequately minimize the contravention, the Commission shall refuse to
issue any license to the applicant for the project and, in the case of
an existing project, shall take appropriate action to provide thereafter
for the operation and maintenance of the affected project and for the
issuing of a new license in accordance with section 808 of this title.
(i) Waiver of conditions
In issuing licenses for a minor part only of a complete project, or
for a complete project of not more than two thousand horsepower
installed capacity, the Commission may in its discretion waive such
conditions, provisions, and requirements of this subchapter, except the
license period of fifty years, as it may deem to be to the public
interest to waive under the circumstances: Provided, That the
provisions hereof shall not apply to annual charges for use of lands
within Indian reservations.
(j) Fish and wildlife protection, mitigation and enhancement;
consideration of recommendations; findings
(1) That in order to adequately and equitably protect, mitigate
damages to, and enhance, fish and wildlife (including related spawning
grounds and habitat) affected by the development, operation, and
management of the project, each license issued under this subchapter
shall include conditions for such protection, mitigation, and
enhancement. Subject to paragraph (2), such conditions shall be based
on recommendations received pursuant to the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) from the National Marine
Fisheries Service, the United States Fish and Wildlife Service, and
State fish and wildlife agencies.
(2) Whenever the Commission believes that any recommendation referred
to in paragraph (1) may be inconsistent with the purposes and
requirements of this subchapter or other applicable law, the Commission
and the agencies referred to in paragraph (1) shall attempt to resolve
any such inconsistency, giving due weight to the recommendations,
expertise, and statutory responsibilities of such agencies. If, after
such attempt, the Commission does not adopt in whole or in part a
recommendation of any such agency, the Commission shall publish each of
the following findings (together with a statement of the basis for each
of the findings):
(A) A finding that adoption of such recommendation is inconsistent
with the purposes and requirements of this subchapter or with other
applicable provisions of law.
(B) A finding that the conditions selected by the Commission comply
with the requirements of paragraph (1).
Subsection (i) of this section shall not apply to the conditions
required under this subsection.
(June 10, 1920, ch. 285, pt. I, 10, 41 Stat. 1068; Aug. 26, 1935,
ch. 687, title II, 206, 49 Stat. 842; Sept. 7, 1962, Pub. L. 87-647,
76 Stat. 447; Aug. 3, 1968, Pub. L. 90-451, 4, 82 Stat. 617; Oct. 16,
1986, Pub. L. 99-495, 3(b), (c), 9(a), 13, 100 Stat. 1243, 1244, 1252,
1257; Oct. 27, 1986, Pub. L. 99-546, title IV, 401, 100 Stat. 3056;
Oct. 24, 1992, Pub. L. 102-486, title XVII, 1701(a), 106 Stat. 3008.)
The antitrust laws, referred to in subsec. (h)(2), are classified
generally to chapter 1 ( 1 et seq.) of Title 15, Commerce and Trade.
The Fish and Wildlife Coordination Act, referred to in subsec.
(j)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which
is classified generally to sections 661 to 666c of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 661 of this title and Tables.
1992 -- Subsec. (e)(1). Pub. L. 102-486, in introductory provisions,
substituted ''administration of this subchapter, including any
reasonable and necessary costs incurred by Federal and State fish and
wildlife agencies and other natural and cultural resource agencies in
connection with studies or other reviews carried out by such agencies
for purposes of administering their responsibilities under this
subchapter;'' for ''administration of this subchapter;'' and inserted
''Provided, That, subject to annual appropriations Acts, the portion of
such annual charges imposed by the Commission under this subsection to
cover the reasonable and necessary costs of such agencies shall be
available to such agencies (in addition to other funds appropriated for
such purposes) solely for carrying out such studies and reviews and
shall remain available until expended:'' after ''as conditions may
require:''.
1986 -- Subsec. (a). Pub. L. 99-495, 3(b), designated existing
provisions as par. (1), inserted ''for the adequate protection,
mitigation, and enhancement of fish and wildlife (including related
spawning grounds and habitat),'' after ''water-power development'',
inserted ''irrigation, flood control, water supply, and'' after
''including'', which words were inserted after ''public uses,
including'' as the probable intent of Congress, substituted ''and other
purposes referred to in section 797(e) of this title'' for ''purposes;
and'', and added pars. (2) and (3).
Subsec. (e). Pub. L. 99-546 inserted proviso that no charge be
assessed for use of Government dam or structure by licensee if, before
Jan. 1, 1985, licensee and Secretary entered into contract which met
requirements of date of license, powerplant construction, ownership, and
revenue, etc.
Pub. L. 99-495, 9(a), designated existing provisions as par. (1)
and added pars. (2) to (4).
Subsec. (h). Pub. L. 99-495, 13, designated existing provisions as
par. (1) and added par. (2).
Subsec. (j). Pub. L. 99-495, 3(c), added subsec. (j).
1968 -- Subsec. (d). Pub. L. 90-451 provided for maintenance of
amortization reserves on and after effective date of new licenses.
1962 -- Subsecs. (b), (e), (i). Pub. L. 87-647 substituted ''two
thousand horsepower'' for ''one hundred horsepower''.
1935 -- Subsec. (a). Act Aug. 26, 1935, substituted ''plan for
improving or developing a waterway or waterways for the use or benefit
of interstate or foreign commerce, for the improvement and utilization
of water-power development, and for other beneficial uses, including
recreational purposes'' for ''scheme of improvement and utilization for
the purposes of navigation, of water-power development, and of other
beneficial public uses,'' and ''such plan'' for ''such scheme''.
Subsec. (b). Act Aug. 26, 1935, inserted ''installed'' before
''capacity''.
Subsec. (d). Act Aug. 26, 1935, substituted ''net investment'' for
''actual, legitimate investment''.
Subsec. (e). Act Aug. 26, 1935, amended subsec. (e) generally.
Subsec. (f). Act Aug. 26, 1935, inserted last sentence to first
par., and inserted last par.
Subsec. (i). Act Aug. 26, 1935, inserted ''installed'' before
''capacity'', and ''annual charges for use of'' before ''lands'' in
proviso.
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Section 9(b) of Pub. L. 99-495 provided that: ''Nothing in this Act
(see Short Title of 1986 Amendment note set out under section 791a of
this title) shall affect any annual charge to be paid pursuant to
section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) to Indian
tribes for the use of their lands within Indian reservations.''
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
/1/ So in original. Probably should be followed by ''; and''.
16 USC 804. Project works affecting navigable waters; requirements
insertable in license
TITLE 16 -- CONSERVATION
If the dam or other project works are to be constructed across,
along, or in any of the navigable waters of the United States, the
commission may, insofar as it deems the same reasonably necessary to
promote the present and future needs of navigation and consistent with a
reasonable investment cost to the licensee, include in the license any
one or more of the following provisions or requirements:
(a) That such licensee shall, to the extent necessary to preserve and
improve navigation facilities, construct, in whole or in part, without
expense to the United States, in connection with such dam, a lock or
locks, booms, sluices, or other structures for navigation purposes, in
accordance with plans and specifications approved by the Chief of
Engineers and the Secretary of the Army and made part of such license.
(b) That in case such structures for navigation purposes are not made
a part of the original construction at the expense of the licensee, then
whenever the United States shall desire to complete such navigation
facilities the licensee shall convey to the United States, free of cost,
such of its land and its rights-of-way and such right of passage through
its dams or other structures, and permit such control of pools as may be
required to complete such navigation facilities.
(c) That such licensee shall furnish free of cost to the United
States power for the operation of such navigation facilities, whether
constructed by the licensee or by the United States.
(June 10, 1920, ch. 285, pt. I, 11, 41 Stat. 1070; July 26, 1947,
ch. 343, title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 805. Participation by Government in costs of locks, etc.
TITLE 16 -- CONSERVATION
Whenever application is filed for a project hereunder involving
navigable waters of the United States, and the commission shall find
upon investigation that the needs of navigation require the construction
of a lock or locks or other navigation structures, and that such
structures cannot, consistent with a reasonable investment cost to the
applicant, be provided in the manner specified in subsection (a) of
section 804 of this title, the commission may grant the application with
the provision to be expressed in the license that the licensee will
install the necessary navigation structures if the Government fails to
make provision therefor within a time to be fixed in the license and
cause a report upon such project to be prepared, with estimates of cost
of the power development and of the navigation structures, and shall
submit such report to Congress with such recommendations as it deems
appropriate concerning the participation of the United States in the
cost of construction of such navigation structures.
(June 10, 1920, ch. 285, pt. I, 12, 41 Stat. 1070.)
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 806. Time limit for construction of project works; extension
of time; termination or revocation of licenses for delay
TITLE 16 -- CONSERVATION
The licensee shall commence the construction of the project works
within the time fixed in the license, which shall not be more than two
years from the date thereof, shall thereafter in good faith and with due
diligence prosecute such construction, and shall within the time fixed
in the license complete and put into operation such part of the ultimate
development as the commission shall deem necessary to supply the
reasonable needs of the then available market, and shall from time to
time thereafter construct such portion of the balance of such
development as the commission may direct, so as to supply adequately the
reasonable market demands until such development shall have been
completed. The periods for the commencement of construction may be
extended once but not longer than two additional years and the period
for the completion of construction carried on in good faith and with
reasonable diligence may be extended by the commission when not
incompatible with the public interests. In case the licensee shall not
commence actual construction of the project works, or of any specified
part thereof, within the time prescribed in the license or as extended
by the commission, then, after due notice given, the license shall, as
to such project works or part thereof, be terminated upon written order
of the commission. In case the construction of the project works, or of
any specified part thereof, has been begun but not completed within the
time prescribed in the license, or as extended by the commission, then
the Attorney General, upon the request of the commission, shall
institute proceedings in equity in the district court of the United
States for the district in which any part of the project is situated for
the revocation of said license, the sale of the works constructed, and
such other equitable relief as the case may demand, as provided for in
section 820 of this title.
(June 10, 1920, ch. 285, pt. I, 13, 41 Stat. 1071.)
Proceedings in equity, referred to in text, were abolished by the
adoption of rule 2 of the Federal Rules of Civil Procedure, set out in
the Appendix to Title 28, Judiciary and Judicial Procedure, which
provided that ''there shall be one form of action to be known as 'civil
action'''.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 807. Right of Government to take over project works
TITLE 16 -- CONSERVATION
(a) Compensation; condemnation by Federal or State Government
Upon not less than two years' notice in writing from the commission
the United States shall have the right upon or after the expiration of
any license to take over and thereafter to maintain and operate any
project or projects as defined in section 796 of this title, and covered
in whole or in part by the license, or the right to take over upon
mutual agreement with the licensee all property owned and held by the
licensee then valuable and serviceable in the development, transmission,
or distribution of power and which is then dependent for its usefulness
upon the continuance of the license, together with any lock or locks or
other aids to navigation constructed at the expense of the licensee,
upon the condition that before taking possession it shall pay the net
investment of the licensee in the project or projects taken, not to
exceed the fair value of the property taken, plus such reasonable
damages, if any, to property of the licensee valuable, serviceable, and
dependent as above set forth but not taken, as may be caused by the
severance therefrom of property taken, and shall assume all contracts
entered into by the licensee with the approval of the Commission. The
net investment of the licensee in the project or projects so taken and
the amount of such severance damages, if any, shall be determined by the
Commission after notice and opportunity for hearing. Such net
investment shall not include or be affected by the value of any lands,
rights-of-way, or other property of the United States licensed by the
Commission under this chapter, by the license or by good will, going
value, or prospective revenues; nor shall the values allowed for water
rights, rights-of-way, lands, or interest in lands be in excess of the
actual reasonable cost thereof at the time of acquisition by the
licensee: Provided, That the right of the United States or any State or
municipality to take over, maintain, and operate any project licensed
under this chapter at any time by condemnation proceedings upon payment
of just compensation is expressly reserved.
(b) Relicensing proceedings; Federal agency recommendations of take
over by Government; stay of orders for new licenses; termination of
stay; notice to Congress
In any relicensing proceeding before the Commission any Federal
department or agency may timely recommend, pursuant to such rules as the
Commission shall prescribe, that the United States exercise its right to
take over any project or projects. Thereafter, the Commission, if its
/1/ does not itself recommend such action pursuant to the provisions of
section 800(c) of this title, shall upon motion of such department or
agency stay the effective date of any order issuing a license, except an
order issuing an annual license in accordance with the proviso of
section 808(a) of this title, for two years after the date of issuance
of such order, after which period the stay shall terminate, unless
terminated earlier upon motion of the department or agency requesting
the stay or by action of Congress. The Commission shall notify the
Congress of any stay granted pursuant to this subsection.
(June 10, 1920, ch. 285, pt. I, 14, 41 Stat. 1071; Aug. 26, 1935,
ch. 687, title II, 207, 49 Stat. 844; Aug. 3, 1968, Pub. L. 90-451,
2, 82 Stat. 617; Oct. 16, 1986, Pub. L. 99-495, 4(b)(2), 100 Stat.
1248.)
1986 -- Subsec. (b). Pub. L. 99-495 struck out first sentence which
read as follows: ''No earlier than five years before the expiration of
any license, the Commission shall entertain applications for a new
license and decide them in a relicensing proceeding pursuant to the
provisions of section 808 of this title.''
1968 -- Pub. L. 90-451 designated existing provisions as subsec.
(a) and added subsec. (b).
1935 -- Act Aug. 26, 1935, amended section generally.
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
/1/ So in original. Probably should be ''it''.
16 USC 808. New licenses and renewals
TITLE 16 -- CONSERVATION
(a) Relicensing procedures; terms and conditions; issuance to
applicant with proposal best adapted to serve public interest; factors
considered
(1) If the United States does not, at the expiration of the existing
license, exercise its right to take over, maintain, and operate any
project or projects of the licensee, as provided in section 807 of this
title, the commission is authorized to issue a new license to the
existing licensee upon such terms and conditions as may be authorized or
required under the then existing laws and regulations, or to issue a new
license under said terms and conditions to a new licensee, which license
may cover any project or projects covered by the existing license, and
shall be issued on the condition that the new licensee shall, before
taking possession of such project or projects, pay such amount, and
assume such contracts as the United States is required to do in the
manner specified in section 807 of this title: Provided, That in the
event the United States does not exercise the right to take over or does
not issue a license to a new licensee, or issue a new license to the
existing licensee, upon reasonable terms, then the commission shall
issue from year to year an annual license to the then licensee under the
terms and conditions of the existing license until the property is taken
over or a new license is issued as aforesaid.
(2) Any new license issued under this section shall be issued to the
applicant having the final proposal which the Commission determines is
best adapted to serve the public interest, except that in making this
determination the Commission shall ensure that insignificant differences
with regard to subparagraphs (A) through (G) of this paragraph between
competing applications are not determinative and shall not result in the
transfer of a project. In making a determination under this section
(whether or not more than one application is submitted for the project),
the Commission shall, in addition to the requirements of section 803 of
this title, consider (and explain such consideration in writing) each of
the following:
(A) The plans and abilities of the applicant to comply with (i) the
articles, terms, and conditions of any license issued to it and (ii)
other applicable provisions of this subchapter.
(B) The plans of the applicant to manage, operate, and maintain the
project safely.
(C) The plans and abilities of the applicant to operate and maintain
the project in a manner most likely to provide efficient and reliable
electric service.
(D) The need of the applicant over the short and long term for the
electricity generated by the project or projects to serve its customers,
including, among other relevant considerations, the reasonable costs and
reasonable availability of alternative sources of power, taking into
consideration conservation and other relevant factors and taking into
consideration the effect on the provider (including its customers) of
the alternative source of power, the effect on the applicant's operating
and load characteristics, the effect on communities served or to be
served by the project, and in the case of an applicant using power for
the applicant's own industrial facility and related operations, the
effect on the operation and efficiency of such facility or related
operations, its workers, and the related community. In the case of an
applicant that is an Indian tribe applying for a license for a project
located on the tribal reservation, a statement of the need of such tribe
for electricity generated by the project to foster the purposes of the
reservation may be included.
(E) The existing and planned transmission services of the applicant,
taking into consideration system reliability, costs, and other
applicable economic and technical factors.
(F) Whether the plans of the applicant will be achieved, to the
greatest extent possible, in a cost effective manner.
(G) Such other factors as the Commission may deem relevant, except
that the terms and conditions in the license for the protection,
mitigation, or enhancement of fish and wildlife resources affected by
the development, operation, and management of the project shall be
determined in accordance with section 803 of this title, and the plans
of an applicant concerning fish and wildlife shall not be subject to a
comparative evaluation under this subsection.
(3) In the case of an application by the existing licensee, the
Commission shall also take into consideration each of the following:
(A) The existing licensee's record of compliance with the terms and
conditions of the existing license.
(B) The actions taken by the existing licensee related to the project
which affect the public.
(b) Notification of intention regarding renewal; public availability
of documents; notice to public and Federal agencies; identification of
Federal or Indian lands included; additional information required
(1) Each existing licensee shall notify the Commission whether the
licensee intends to file an application for a new license or not. Such
notice shall be submitted at least 5 years before the expiration of the
existing license.
(2) At the time notice is provided under paragraph (1), the existing
licensee shall make each of the following reasonably available to the
public for inspection at the offices of such licensee: current maps,
drawings, data, and such other information as the Commission shall, by
rule, require regarding the construction and operation of the licensed
project. Such information shall include, to the greatest extent
practicable pertinent energy conservation, recreation, fish and
wildlife, and other environmental information. Copies of the
information shall be made available at reasonable costs of reproduction.
Within 180 days after October 16, 1986, the Commission shall promulgate
regulations regarding the information to be provided under this
paragraph.
(3) Promptly following receipt of notice under paragraph (1), the
Commission shall provide public notice of whether an existing licensee
intends to file or not to file an application for a new license. The
Commission shall also promptly notify the National Marine Fisheries
Service and the United States Fish and Wildlife Service, and the
appropriate State fish and wildlife agencies.
(4) The Commission shall require the applicant to identify any
Federal or Indian lands included in the project boundary, together with
a statement of the annual fees paid as required by this subchapter for
such lands, and to provide such additional information as the Commission
deems appropriate to carry out the Commission's responsibilities under
this section.
(c) Time of filing application; consultation and participation in
studies with fish and wildlife agencies, notice to applicants;
adjustment of time periods
(1) Each application for a new license pursuant to this section shall
be filed with the Commission at least 24 months before the expiration of
the term of the existing license. Each applicant shall consult with the
fish and wildlife agencies referred to in subsection (b) of this section
and, as appropriate, conduct studies with such agencies. Within 60 days
after the statutory deadline for the submission of applications, the
Commission shall issue a notice establishing expeditious procedures for
relicensing and a deadline for submission of final amendments, if any,
to the application.
(2) The time periods specified in this subsection and in subsection
(b) of this section shall be adjusted, in a manner that achieves the
objectives of this section, by the Commission by rule or order with
respect to existing licensees who, by reason of the expiration dates of
their licenses, are unable to comply with a specified time period.
(d) Adequacy of transmission facilities; provision of services to
successor by existing licensee; tariff; final order; modification,
extension or termination of order
(1) In evaluating applications for new licenses pursuant to this
section, the Commission shall not consider whether an applicant has
adequate transmission facilities with regard to the project.
(2) When the Commission issues a new license (pursuant to this
section) to an applicant which is not the existing licensee of the
project and finds that it is not feasible for the new licensee to
utilize the energy from such project without provision by the existing
licensee of reasonable services, including transmission services, the
Commission shall give notice to the existing licensee and the new
licensee to immediately enter into negotiations for such services and
the costs demonstrated by the existing licensee as being related to the
provision of such services. It is the intent of the Congress that such
negotiations be carried out in good faith and that a timely agreement be
reached between the parties in order to facilitate the transfer of the
license by the date established when the Commission issued the new
license. If such parties do not notify the Commission that within the
time established by the Commission in such notice (and if appropriate,
in the judgment of the Commission, one 45-day extension thereof), a
mutually satisfactory arrangement for such services that is consistent
with the provisions of this chapter has been executed, the Commission
shall order the existing licensee to file (pursuant to section 824d of
this title) with the Commission a tariff, subject to refund, ensuring
such services beginning on the date of transfer of the project and
including just and reasonable rates and reasonable terms and conditions.
After notice and opportunity for a hearing, the Commission shall issue
a final order adopting or modifying such tariff for such services at
just and reasonable rates in accordance with section 824d of this title
and in accordance with reasonable terms and conditions. The Commission,
in issuing such order, shall ensure the services necessary for the full
and efficient utilization and benefits for the license term of the
electric energy from the project by the new licensee in accordance with
the license and this subchapter, except that in issuing such order the
Commission --
(A) shall not compel the existing licensee to enlarge generating
facilities, transmit electric energy other than to the distribution
system (providing service to customers) of the new licensee identified
as of the date one day preceding the date of license award, or require
the acquisition of new facilities, including the upgrading of existing
facilities other than any reasonable enhancement or improvement of
existing facilities controlled by the existing licensee (including any
acquisition related to such enhancement or improvement) necessary to
carry out the purposes of this paragraph;
(B) shall not adversely affect the continuity and reliability of
service to the customers of the existing licensee;
(C) shall not adversely affect the operational integrity of the
transmission and electric systems of the existing licensee;
(D) shall not cause any reasonably quantifiable increase in the
jurisdictional rates of the existing licensee; and
(E) shall not order any entity other than the existing licensee to
provide transmission or other services.
Such order shall be for such period as the Commission deems
appropriate, not to exceed the term of the license. At any time, the
Commission, upon its own motion or upon a petition by the existing or
new licensee and after notice and opportunity for a hearing, may modify,
extend, or terminate such order.
(e) License term on relicensing
Except for an annual license, any license issued by the Commission
under this section shall be for a term which the Commission determines
to be in the public interest but not less than 30 years, nor more than
50 years, from the date on which the license is issued.
(f) Nonpower use licenses; recordkeeping
In issuing any licenses under this section except an annual license,
the Commission, on its own motion or upon application of any licensee,
person, State, municipality, or State commission, after notice to each
State commission and licensee affected, and after opportunity for
hearing, whenever it finds that in conformity with a comprehensive plan
for improving or developing a waterway or waterways for beneficial
public uses all or part of any licensed project should no longer be used
or adapted for use for power purposes, may license all or part of the
project works for nonpower use. A license for nonpower use shall be
issued to a new licensee only on the condition that the new licensee
shall, before taking possession of the facilities encompassed
thereunder, pay such amount and assume such contracts as the United
States is required to do, in the manner specified in section 807 of this
title. Any license for nonpower use shall be a temporary license.
Whenever, in the judgment of the Commission, a State, municipality,
interstate agency, or another Federal agency is authorized and willing
to assume regulatory supervision of the lands and facilities included
under the nonpower license and does so, the Commission shall thereupon
terminate the license. Consistent with the provisions of subchapter IV
of this chapter, every licensee for nonpower use shall keep such
accounts and file such annual and other periodic or special reports
concerning the removal, alteration, nonpower use, or other disposition
of any project works or parts thereof covered by the nonpower use
license as the Commission may by rules and regulations or order
prescribe as necessary or appropriate.
(June 10, 1920, ch. 285, pt. I, 15, 41 Stat. 1072; Aug. 3, 1968,
Pub. L. 90-451, 3, 82 Stat. 617; Oct. 16, 1986, Pub. L. 99-495,
4(a), (b)(1), 5, 100 Stat. 1245, 1248.)
1986 -- Subsec. (a). Pub. L. 99-495, 4(a), (b)(1), designated
existing provisions as par. (1), substituted ''existing'' for
''original'' wherever appearing, and added pars. (2) and (3).
Subsecs. (b) to (f). Pub. L. 99-495, 4(a), 5, added subsecs. (b)
to (e) and redesignated former subsec. (b) as (f).
1968 -- Pub. L. 90-451 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 809. Temporary use by Government of project works for national
safety; compensation for use
TITLE 16 -- CONSERVATION
When in the opinion of the President of the United States, evidenced
by a written order addressed to the holder of any license under this
chapter, the safety of the United States demands it, the United States
shall have the right to enter upon and take possession of any project or
part thereof, constructed, maintained, or operated under said license,
for the purpose of manufacturing nitrates, explosives, or munitions of
war, or for any other purpose involving the safety of the United States,
to retain possession, management, and control thereof for such length of
time as may appear to the President to be necessary to accomplish said
purposes, and then to restore possession and control to the party or
parties entitled thereto; and in the event that the United States shall
exercise such right it shall pay to the party or parties entitled
thereto just and fair compensation for the use of said property as may
be fixed by the commission upon the basis of a reasonable profit in time
of peace, and the cost of restoring said property to as good condition
as existed at the time of the taking over thereof, less the reasonable
value of any improvements that may be made thereto by the United States
and which are valuable and serviceable to the licensee.
(June 10, 1920, ch. 285, pt. I, 16, 41 Stat. 1072.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on September 8, 1939, and May 27, 1941.
16 USC 810. Disposition of charges arising from licenses
TITLE 16 -- CONSERVATION
(a) Receipts from charges
All proceeds from any Indian reservation shall be placed to the
credit of the Indians of such reservation. All other charges arising
from licenses hereunder, except charges fixed by the Commission for the
purpose of reimbursing the United States for the costs of administration
of this subchapter, shall be paid into the Treasury of the United
States, subject to the following distribution: 12 1/2 per centum
thereof is hereby appropriated to be paid into the Treasury of the
United States and credited to ''Miscellaneous receipts''; 50 per centum
of the charges arising from licenses hereunder for the occupancy and use
of public lands and national forests shall be paid into, reserved, and
appropriated as a part of the reclamation fund created by the Act of
Congress known as the Reclamation Act, approved June 17, 1902; and 37
1/2 per centum of the charges arising from licenses hereunder for the
occupancy and use of national forests and public lands from development
within the boundaries of any State shall be paid by the Secretary of the
Treasury to such State; and 50 per centum of the charges arising from
all other licenses hereunder is reserved and appropriated as a special
fund in the Treasury to be expended under the direction of the Secretary
of the Army in the maintenance and operation of dams and other
navigation structures owned by the United States or in the construction,
maintenance, or operation of headwater or other improvements of
navigable waters of the United States. The proceeds of charges made by
the Commission for the purpose of reimbursing the United States for the
costs of the administration of this subchapter shall be paid into the
Treasury of the United States and credited to miscellaneous receipts.
(b) Delinquent payments
In case of delinquency on the part of any licensee in the payment of
annual charges a penalty of 5 per centum of the total amount so
delinquent may be added to the total charges which shall apply for the
first month or part of month so delinquent with an additional penalty of
3 per centum for each subsequent month until the total of the charges
and penalties are paid or until the license is canceled and the charges
and penalties satisfied in accordance with law.
(June 10, 1920, ch. 285, pt. I, 17, 41 Stat. 1072; Aug. 26, 1935,
ch. 687, title II, 208, 49 Stat. 845; July 26, 1947, ch. 343, title
II, 205(a), 61 Stat. 501.)
Act of Congress known as the Reclamation Act, approved June 17, 1902,
referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat.
388, as amended, which is classified generally to chapter 12 ( 371 et
seq.) of Title 43, Public Lands. For complete classification of this
Act to the Code, see Short Title note set out under section 371 of Title
43 and Tables. The reclamation fund created by that Act was established
by section 391 of Title 43.
1935 -- Act Aug. 26, 1935, amended section generally, designating
existing provisions as subsec. (a), inserting ''except charges fixed by
the Commission for the purpose of reimbursing the United States for the
costs of administration of this Part,'', substituting ''national
forests'' for ''national monuments, national forests, and national
parks'' wherever appearing, inserting last sentence relating to payment
of proceeds of charges into Treasury, and adding subsec. (b).
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
title 31 section 6903.
16 USC 811. Operation of navigation facilities; rules and
regulations; penalties
TITLE 16 -- CONSERVATION
The Commission shall require the construction, maintenance, and
operation by a licensee at its own expense of such lights and signals as
may be directed by the Secretary of the Department in which the Coast
Guard is operating, and such fishways as may be prescribed by the
Secretary of the Interior or the Secretary of Commerce, as appropriate.
The operation of any navigation facilities which may be constructed as a
part of or in connection with any dam or diversion structure built under
the provisions of this chapter, whether at the expense of a licensee
hereunder or of the United States, shall at all times be controlled by
such reasonable rules and regulations in the interest of navigation,
including the control of the level of the pool caused by such dam or
diversion structure as may be made from time to time by the Secretary of
the Army; and for willful failure to comply with any such rule or
regulation such licensee shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished as provided in section 825o of
this title.
(June 10, 1920, ch. 285, pt. I, 18, 41 Stat. 1073; Aug. 26, 1935,
ch. 687, title II, 209, 49 Stat. 845; 1939 Reorg. Plan No. II, 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; June 4, 1956, ch. 351, 2, 70 Stat.
226; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84
Stat. 2090.)
1956 -- Act June 4, 1956, substituted ''Secretary of the Department
in which the Coast Guard is operating'' for ''Secretary of War'' in
first sentence.
1935 -- Act Aug. 26, 1935, amended section generally, inserting
first sentence, striking out ''Such rules and regulations may include
the maintenance and operation of such licensee at its own expense of
such lights and signals as may be directed by the Secretary of War, and
such fishways as may be prescribed by the Secretary of Commerce.'', and
substituting section ''825o'' for section ''819''.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Reference to Secretary of Commerce inserted in view of: creation of
National Oceanic and Atmospheric Administration in Department of
Commerce and Office of Administrator of such Administration; abolition
of Bureau of Commercial Fisheries in Department of the Interior and
Office of Director of such Bureau; transfers of functions, including
functions formerly vested by law in Secretary of the Interior or
Department of the Interior which were administered through Bureau of
Commercial Fisheries or were primarily related to such Bureau, exclusive
of certain enumerated functions with respect to Great Lakes fishery
research, Missouri River Reservoir research, Gulf Breeze Biological
Laboratory, and Trans-Alaska pipeline investigations; and transfer of
marine sport fish program of Bureau of Sport Fisheries and Wildlife by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090, set out in the Appendix to Title 5, Government Organization and
Employees.
Coast Guard transferred to Department of Transportation and all
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by section 6(b)(1)
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. See Section 108 of
Title 49, Transportation.
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred Bureau of Fisheries
in Department of Commerce and its functions to Department of the
Interior, to be administered under direction and supervision of
Secretary of the Interior.
Pub. L. 102-486, title XVII, 1701(b), Oct. 24, 1992, 106 Stat.
3008, provided that: ''The definition of the term 'fishway' contained
in 18 C.F.R. 4.30(b)(9)(iii), as in effect on the date of enactment of
this Act (Oct. 24, 1992), is vacated without prejudice to any definition
or interpretation by rule of the term 'fishway' by the Federal Energy
Regulatory Commission for purposes of implementing section 18 of the
Federal Power Act (16 U.S.C. 811): Provided, That any future definition
promulgated by regulatory rulemaking shall have no force or effect
unless concurred in by the Secretary of the Interior and the Secretary
of Commerce: Provided further, That the items which may constitute a
'fishway' under section 18 for the safe and timely upstream and
downstream passage of fish shall be limited to physical structures,
facilities, or devices necessary to maintain all life stages of such
fish, and project operations and measures related to such structures,
facilities, or devices which are necessary to ensure the effectiveness
of such structures, facilities, or devices for such fish.''
16 USC 812. Public-service licensee; regulations by State or by
commission as to service, rates, charges, etc.
TITLE 16 -- CONSERVATION
As a condition of the license, every licensee under this chapter
which is a public-service corporation, or a person, association, or
corporation owning or operating any project and developing,
transmitting, or distributing power for sale or use in public service,
shall abide by such reasonable regulation of the services to be rendered
to customers or consumers of power, and of rates and charges of payment
therefor, as may from time to time be prescribed by any duly constituted
agency of the State in which the service is rendered or the rate
charged. That in case of the development, transmission, or
distribution, or use in public service of power by any licensee under
this chapter or by its customer engaged in public service within a State
which has not authorized and empowered a commission or other agency or
agencies within said State to regulate and control the services to be
rendered by such licensee or by its customer engaged in public service,
or the rates and charges of payment therefor, or the amount or character
of securities to be issued by any of said parties, it is agreed as a
condition of such license that jurisdiction is conferred upon the
commission, upon complaint of any person aggrieved or upon its own
initiative, to exercise such regulation and control until such time as
the State shall have provided a commission or other authority for such
regulation and control: Provided, That the jurisdiction of the
commission shall cease and determine as to each specific matter of
regulation and control prescribed in this section as soon as the State
shall have provided a commission or other authority for the regulation
and control of that specific matter.
(June 10, 1920, ch. 285, pt. I, 19, 41 Stat. 1073.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
16 USC 813. Power entering into interstate commerce; regulation of
rates, charges, etc.
TITLE 16 -- CONSERVATION
When said power or any part thereof shall enter into interstate or
foreign commerce the rates charged and the service rendered by any such
licensee, or by any subsidiary corporation, the stock of which is owned
or controlled directly or indirectly by such licensee, or by any person,
corporation, or association purchasing power from such licensee for sale
and distribution or use in public service shall be reasonable,
nondiscriminatory, and just to the customer and all unreasonable
discriminatory and unjust rates or services are prohibited and declared
to be unlawful; and whenever any of the States directly concerned has
not provided a commission or other authority to enforce the requirements
of this section within such State or to regulate and control the amount
and character of securities to be issued by any of such parties, or such
States are unable to agree through their properly constituted
authorities on the services to be rendered, or on the rates or charges
of payment therefor, or on the amount or character of securities to be
issued by any of said parties, jurisdiction is conferred upon the
commission, upon complaint of any person, aggrieved, upon the request of
any State concerned, or upon its own initiative to enforce the
provisions of this section, to regulate and control so much of the
services rendered, and of the rates and charges of payment therefor as
constitute interstate or foreign commerce and to regulate the issuance
of securities by the parties included within this section, and
securities issued by the licensee subject to such regulations shall be
allowed only for the bona fide purpose of financing and conducting the
business of such licensee.
The administration of the provisions of this section, so far as
applicable, shall be according to the procedure and practice in fixing
and regulating the rates, charges, and practices of railroad companies
as provided in subtitle IV of title 49, and the parties subject to such
regulation shall have the same rights of hearing, defense, and review as
said companies in such cases.
In any valuation of the property of any licensee hereunder for
purposes of rate making, no value shall be claimed by the licensee or
allowed by the commission for any project or projects under license in
excess of the value or values prescribed in section 807 of this title
for the purposes of purchase by the United States, but there shall be
included the cost to such licensee of the construction of the lock or
locks or other aids of navigation and all other capital expenditures
required by the United States, and no value shall be claimed or allowed
for the rights granted by the commission or by this chapter.
(June 10, 1920, ch. 285, pt. I, 20, 41 Stat. 1073.)
''Subtitle IV of title 49'' substituted in text for ''the Act to
regulate commerce, approved February 4, 1887, as amended'' on authority
of Pub. L. 95-473, 3(b), Oct. 17, 1978, 92 Stat. 1466, the first
section of which enacted subtitle IV of Title 49, Transportation.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
16 USC 814. Exercise by licensee of power of eminent domain
TITLE 16 -- CONSERVATION
When any licensee cannot acquire by contract or pledges an unimproved
dam site or the right to use or damage the lands or property of others
necessary to the construction, maintenance, or operation of any dam,
reservoir, diversion structure, or the works appurtenant or accessory
thereto, in conjunction with any improvement which in the judgment of
the commission is desirable and justified in the public interest for the
purpose of improving or developing a waterway or waterways for the use
or benefit of interstate or foreign commerce, it may acquire the same by
the exercise of the right of eminent domain in the district court of the
United States for the district in which such land or other property may
be located, or in the State courts. The practice and procedure in any
action or proceeding for that purpose in the district court of the
United States shall conform as nearly as may be with the practice and
procedure in similar action or proceeding in the courts of the State
where the property is situated: Provided, That United States district
courts shall only have jurisdiction of cases when the amount claimed by
the owner of the property to be condemned exceeds $3,000 /1/ Provided
further, That no licensee may use the right of eminent domain under this
section to acquire any lands or other property that, prior to October
24, 1992, were owned by a State or political subdivision thereof and
were part of or included within any public park, recreation area or
wildlife refuge established under State or local law. In the case of
lands or other property that are owned by a State or political
subdivision and are part of or included within a public park, recreation
area or wildlife refuge established under State or local law on or after
October 24, 1992, no licensee may use the right of eminent domain under
this section to acquire such lands or property unless there has been a
public hearing held in the affected community and a finding by the
Commission, after due consideration of expressed public views and the
recommendations of the State or political subdivision that owns the
lands or property, that the license will not interfere or be
inconsistent with the purposes for which such lands or property are
owned.
(June 10, 1920, ch. 285, pt. I, 21, 41 Stat. 1074; Oct. 24, 1992,
Pub. L. 102-486, title XVII, 1701(d), 106 Stat. 3009.)
1992 -- Pub. L. 102-486 substituted final proviso and sentence for
period at end.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Procedure in condemnation proceedings, see rule 71A, Title 28,
Appendix, Judiciary and Judicial Procedure.
Jurisdiction of Federal courts, amount in controversy, see section
1332 of Title 28, Judiciary and Judicial Procedure.
/1/ So in original. Probably should be followed by a colon.
16 USC 815. Contract to furnish power extending beyond period of
license; obligations of new licensee
TITLE 16 -- CONSERVATION
Whenever the public interest requires or justifies the execution by
the licensee of contracts for the sale and delivery of power for periods
extending beyond the date of termination of the license, such contracts
may be entered into upon the joint approval of the commission and of the
public-service commission or other similar authority in the State in
which the sale or delivery of power is made, or if sold or delivered in
a State which has no such public-service commission, then upon the
approval of the commission, and thereafter, in the event of failure to
issue a new license to the original licensee at the termination of the
license, the United States or the new licensee, as the case may be,
shall assume and fulfill all such contracts.
(June 10, 1920, ch. 285, pt. I, 22, 41 Stat. 1074.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 816. Preservation of rights vested prior to June 10, 1920
TITLE 16 -- CONSERVATION
The provisions of this subchapter shall not be construed as affecting
any permit or valid existing right-of-way granted prior to June 10,
1920, or as confirming or otherwise affecting any claim, or as affecting
any authority heretofore given pursuant to law, but any person,
association, corporation, State, or municipality holding or possessing
such permit, right-of-way or authority may apply for a license under
this chapter, and upon such application the Commission may issue to any
such applicant a license in accordance with the provisions of this
subchapter and in such case the provisions of this chapter shall apply
to such applicant as a licensee under this chapter: Provided, That when
application is made for a license under this section for a project or
projects already constructed the fair value of said project or projects
determined as provided in this section, shall for the purposes of this
subchapter and of said license be deemed to be the amount to be allowed
as the net investment of the applicant in such project or projects as of
the date of such license, or as of the date of such determination, if
license has not been issued. Such fair value shall be determined by the
Commission after notice and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, 23(a), 41 Stat. 1075; Aug. 26,
1935, ch. 687, title II, 210, 49 Stat. 846.)
Section consists of subsec. (a) of section 23 of act June 10, 1920,
as so designated by act Aug. 26, 1935. Subsec. (b) of section 23 of
act June 10, 1920, is set out as section 817 of this title.
1935 -- Act Aug. 26, 1935, amended section generally, substituting
''part'' for ''chapter'' wherever appearing, substituting ''heretofore''
for ''then'', and substituting the last sentence for ''Such fair value
may, in the discretion of the commission, be determined by mutual
agreement between the commission and the applicant or, in case they
cannot agree, jurisdiction is hereby conferred upon the district court
of the United States in the district within which such project or
projects may be located, upon the application of either party, to hear
and determine the amount of such fair value.''
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 817. Projects not affecting navigable waters; necessity for
Federal license, permit or right-of-way; unauthorized activities
TITLE 16 -- CONSERVATION
(1) It shall be unlawful for any person, State, or municipality, for
the purpose of developing electric power, to construct, operate, or
maintain any dam, water conduit, reservoir, power house, or other works
incidental thereto across, along, or in any of the navigable waters of
the United States, or upon any part of the public lands or reservations
of the United States (including the Territories), or utilize the surplus
water or water power from any Government dam, except under and in
accordance with the terms of a permit or valid existing right-of-way
granted prior to June 10, 1920, or a license granted pursuant to this
chapter. Any person, association, corporation, State, or municipality
intending to construct a dam or other project works, across, along,
over, or in any stream or part thereof, other than those defined in this
chapter as navigable waters, and over which Congress has jurisdiction
under its authority to regulate commerce with foreign nations and among
the several States shall before such construction file declaration of
such intention with the Commission, whereupon the Commission shall cause
immediate investigation of such proposed construction to be made, and if
upon investigation it shall find that the interests of interstate or
foreign commerce would be affected by such proposed construction, such
person, association, corporation, State, or municipality shall not
construct, maintain, or operate such dam or other project works until it
shall have applied for and shall have received a license under the
provisions of this chapter. If the Commission shall not so find, and if
no public lands or reservations are affected, permission is granted to
construct such dam or other project works in such stream upon compliance
with State laws.
(2) No person may commence any significant modification of any
project licensed under, or exempted from, this chapter unless such
modification is authorized in accordance with terms and conditions of
such license or exemption and the applicable requirements of this
subchapter. As used in this paragraph, the term ''commence'' refers to
the beginning of physical on-site activity other than surveys or
testing.
(June 10, 1920, ch. 285, pt. I, 23(b), 41 Stat. 1075; Aug. 26,
1935, ch. 687, title II, 210, 49 Stat. 846; Oct. 16, 1986, Pub. L.
99-495, 6, 100 Stat. 1248.)
Section consists of subsec. (b) of section 23 of act June 10, 1920,
as so designated by act Aug. 26, 1935. Subsec. (a) of section 23 of
act June 10, 1920, is set out as section 816 of this title.
1986 -- Pub. L. 99-495 designated existing provisions as par. (1)
and added par. (2).
1935 -- Act Aug. 26, 1935, amended section generally, inserting
first sentence, and substituting ''with foreign nations'' for ''between
foreign nations'', ''shall before such construction'' for ''may in their
discretion'' and ''shall not construct, maintain, or operate such dam or
other project works'' for ''shall not proceed with such construction''.
Amendment by Pub. L. 99-495 applicable to licenses, permits, and
exemptions without regard to when issued, see section 18 of Pub. L.
99-495, set out as a note under section 797 of this title.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
16 USC 818. Public lands included in project; reservation of lands
from entry
TITLE 16 -- CONSERVATION
Any lands of the United States included in any proposed projection
under the provisions of this subchapter shall from the date of filing of
application therefor be reserved from entry, location, or other disposal
under the laws of the United States until otherwise directed by the
commission or by Congress. Notice that such application has been made,
together with the date of filing thereof and a description of the lands
of the United States affected thereby, shall be filed in the local land
office for the district in which such lands are located. Whenever the
commission shall determine that the value of any lands of the United
States so applied for, or heretofore or hereafter reserved or classified
as power sites, will not be injured or destroyed for the purposes of
power development by location, entry, or selection under the public-land
laws, the Secretary of the Interior, upon notice of such determination,
shall declare such lands open to location, entry, or selection, for such
purpose or purposes and under such restrictions as the Commission may
determine, subject to and with a reservation of the right of the United
States or its permittees or licensees to enter upon, occupy, and use any
part or all of said lands necessary, in the judgment of the Commission,
for the purposes of this subchapter, which right shall be expressly
reserved in every patent issued for such lands; and no claim or right
to compensation shall accrue from the occupation or use of any of said
lands for said purposes. The United States or any licensee for any such
lands hereunder may enter thereupon for the purposes of this subchapter,
upon payment of any damages to crops, buildings, or other improvements
caused thereby to the owner thereof, or upon giving a good and
sufficient bond to the United States for the use and benefit of the
owner to secure the payment of such damages as may be determined and
fixed in an action brought upon the bond in a court of competent
jurisdiction, said bond to be in the form prescribed by the Commission:
Provided, That locations, entries, selections, or filings heretofore
made for lands reserved as water-power sites, or in connection with
water-power development, or electrical transmission may proceed to
approval or patent under and subject to the limitations and conditions
in this section contained: Provided further, That before any lands
applied for, or heretofore or hereafter reserved, or classified as power
sites, are declared open to location, entry, or selection by the
Secretary of the Interior, notice of intention to make such declaration
shall be given to the Governor of the State within which such lands are
located, and such State shall have ninety days from the date of such
notice within which to file, under any statute or regulation applicable
thereto, an application for the reservation to the State, or any
political subdivision thereof, of any lands required as a right-of-way
for a public highway or as a source of materials for the construction
and maintenance of such highways, and a copy of such application shall
be filed with the Federal Power Commission; and any location, entry, or
selection of such lands, or subsequent patent thereof, shall be subject
to any rights granted the State pursuant to such application.
(June 10, 1920, ch. 285, pt. I, 24, 41 Stat. 1075; Aug. 26, 1935,
ch. 687, title II, 211, 49 Stat. 846; May 28, 1948, ch. 351, 62 Stat.
275.)
The public-land laws, referred to in text, are classified generally
to Title 43, Public Lands.
1948 -- Act May 28, 1948, inserted second proviso in last sentence so
that States may apply for reservations of portions of power sites
released for entry, location, or selection to the States for highway
purposes.
1935 -- Act Aug. 26, 1935, amended section generally, inserting
''for such purpose or purposes and under such restrictions as the
commission may determine'', substituted ''part'' for ''chapter''
wherever appearing, and striking out from proviso ''prior to June 10,
1920'' after ''made''.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
16 USC 819. Repealed. Aug. 26, 1935, ch. 687, title II, 212, 49
Stat. 847
TITLE 16 -- CONSERVATION
Section, act June 10, 1920, ch. 285, pt. I, 25, 41 Stat. 1076,
related to offenses and punishment. See section 825m et seq. of this
title.
16 USC 820. Proceedings for revocation of license or to prevent
violations of license
TITLE 16 -- CONSERVATION
The Attorney General may, on request of the commission or of the
Secretary of the Army, institute proceedings in equity in the district
court of the United States in the district in which any project or part
thereof is situated for the purpose of revoking for violation of its
terms any permit or license issued hereunder, or for the purpose of
remedying or correcting by injunction, mandamus, or other process any
act of commission or omission in violation of the provisions of this
chapter or of any lawful regulation or order promulgated hereunder. The
district courts shall have jurisdiction over all of the above-mentioned
proceedings and shall have power to issue and execute all necessary
process and to make and enforce all writs, orders and decrees to compel
compliance with the lawful orders and regulations of the commission and
of the Secretary of the Army, and to compel the performance of any
condition imposed under the provisions of this chapter. In the event a
decree revoking a license is entered, the court is empowered to sell the
whole or any part of the project or projects under license, to wind up
the business of such licensee conducted in connection with such project
or projects, to distribute the proceeds to the parties entitled to the
same, and to make and enforce such further orders and decrees as equity
and justice may require. At such sale or sales the vendee shall take
the rights and privileges belonging to the licensee and shall perform
the duties of such licensee and assume all outstanding obligations and
liabilities of the licensee which the court may deem equitable in the
premises; and at such sale or sales the United States may become a
purchaser, but it shall not be required to pay a greater amount than it
would be required to pay under the provisions of section 807 of this
title at the termination of the license.
(June 10, 1920, ch. 285, pt. I, 26, 41 Stat. 1076; July 26, 1947,
ch. 343, title II, 205(a), 61 Stat. 501.)
Proceedings in equity, referred to in text, were abolished by the
adoption of Rule 2 of the Federal Rules of Civil Procedure, set out in
the Appendix to Title 28, Judiciary and Judicial Procedure, which
provided that ''there shall be one form of action to be known as 'civil
action'''.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
Application of rules, see rule 81, Title 28, Appendix, Judiciary and
Judicial Procedure.
One form of action to be known as ''civil action,'' see rule 2.
Writ of mandamus abolished, see rule 81(b).
16 USC 821. State laws and water rights unaffected
TITLE 16 -- CONSERVATION
Nothing contained in this chapter shall be construed as affecting or
intending to affect or in any way to interfere with the laws of the
respective States relating to the control, appropriation, use, or
distribution of water used in irrigation or for municipal or other uses,
or any vested right acquired therein.
(June 10, 1920, ch. 285, pt. I, 27, 41 Stat. 1077.)
16 USC 822. Reservation of right to alter or repeal chapter
TITLE 16 -- CONSERVATION
The right to alter, amend, or repeal this chapter is expressly
reserved; but no such alteration, amendment, or repeal shall affect any
license theretofore issued under the provisions of this chapter or the
rights of any licensee thereunder.
(June 10, 1920, ch. 285, pt. I, 28, 41 Stat. 1077.)
16 USC 823. Repeal of inconsistent laws
TITLE 16 -- CONSERVATION
All Acts or parts of Acts inconsistent with this chapter are
repealed: Provided, That nothing contained herein shall be held or
construed to modify or repeal any of the provisions of the Act of
Congress approved December 19, 1913, granting certain rights-of-way to
the city and county of San Francisco, in the State of California.
(June 10, 1920, ch. 285, pt. I, 29, 41 Stat. 1077.)
Herein, referred to in text, means act June 10, 1920, which is
classified generally to this chapter.
The Act of Congress approved December 19, 1913, referred to in text,
was not classified to the Code.
As originally enacted, this section contained the further proviso:
''That section 18 of an Act making appropriations for the construction,
repair and preservation, of certain public works on rivers and harbors,
and for other purposes, approved August 8, 1917, is hereby repealed.''
16 USC 823a. Conduit hydroelectric facilities
TITLE 16 -- CONSERVATION
(a) Exemption qualifications
Except as provided in subsection (b) or (c) of this section, the
Commission may grant an exemption in whole or in part, from the
requirements of this subchapter, including any license requirements
contained in this subchapter, to any facility (not including any dam or
other impoundment) constructed, operated, or maintained for the
generation of electric power which the Commission determines, by rule or
order --
(1) is located on non-Federal lands, and
(2) utilizes for such generation only the hydroelectric potential of
a manmade conduit, which is operated for the distribution of water for
agricultural, municipal, or industrial consumption and not primarily for
the generation of electricity.
(b) Maximum installation capacity for exemption
The Commission may not grant any exemption under subsection (a) of
this section to any facility the installed capacity of which exceeds 15
megawatts (40 megawatts in the case of a facility constructed, operated,
and maintained by an agency or instrumentality of a State or local
government solely for water supply for municipal purposes).
(c) Consultation with Federal and State agencies
In making the determination under subsection (a) of this section the
Commission shall consult with the United States Fish and Wildlife
Service /1/ National Marine Fisheries Service /1/ and the State agency
exercising administration over the fish and wildlife resources of the
State in which the facility is or will be located, in the manner
provided by the Fish and Wildlife Coordination Act (16 U.S.C. 661, et
seq.), and shall include in any such exemption --
(1) such terms and conditions as the Fish and Wildlife Service /1/
National Marine Fisheries Service /1/ and the State agency each
determine are appropriate to prevent loss of, or damage to, such
resources and to otherwise carry out the purposes of such Act, and
(2) such terms and conditions as the Commission deems appropriate to
insure that such facility continues to comply with the provisions of
this section and terms and conditions included in any such exemption.
(d) Violation of terms of exemption
Any violation of a term or condition of any exemption granted under
subsection (a) of this section shall be treated as a violation of a rule
or order of the Commission under this chapter.
(e) Fees for studies
The Commission, in addition to the requirements of section 803(e) of
this title, shall establish fees which shall be paid by an applicant for
a license or exemption for a project that is required to meet terms and
conditions set by fish and wildlife agencies under subsection (c) of
this section. Such fees shall be adequate to reimburse the fish and
wildlife agencies referred to in subsection (c) of this section for any
reasonable costs incurred in connection with any studies or other
reviews carried out by such agencies for purposes of compliance with
this section. The fees shall, subject to annual appropriations Acts, be
transferred to such agencies by the Commission for use solely for
purposes of carrying out such studies and shall remain available until
expended.
(June 10, 1920, ch. 285, pt. I, 30, as added Pub. L. 95-617, title
II, 213, Nov. 9, 1978, 92 Stat. 3148; Oct. 16, 1986, Pub. L. 99-495,
7, 100 Stat. 1248.)
The Fish and Wildlife Coordination Act, referred to in subsec. (c),
is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is
classified generally to sections 661 to 666c of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 661 of this title and Tables.
A prior section 30 of act June 10, 1920, which was classified to
section 791 of this title, was repealed by act Aug. 26, 1935, ch. 687,
title II, 212, 49 Stat. 847.
1986 -- Subsec. (b). Pub. L. 99-495, 7(a), inserted provision
setting the maximum installation capacity for exemptions under subsec.
(a) at 40 megawatts in the case of a facility constructed, operated, and
maintained by an agency or instrumentality of a State or local
government solely for water supply for municipal purposes.
Subsec. (c). Pub. L. 99-495, 7(b), which directed the insertion of
''National Marine Fisheries Service'' after ''the Fish and Wildlife
Service'' in both places such term appears, was executed by inserting
''National Marine Fisheries Service'' after ''the United States Fish and
Wildlife Service'' and ''the Fish and Wildlife Service'', as the
probable intent of Congress.
Subsec. (e). Pub. L. 99-495, 7(c), added subsec. (e).
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
Section 8(c) of Pub. L. 99-495 provided that: ''Nothing in this Act
(see Short Title of 1986 Amendment note set out under section 791a of
this title) shall affect the application of section 30(c) of the Federal
Power Act (16 U.S.C. 823a(c)) to any exemption issued after the
enactment of this Act (Oct. 16, 1986).''
/1/ So in original. Probably should be followed by a comma.
16 USC 823b. Enforcement
TITLE 16 -- CONSERVATION
(a) Monitoring and investigation
The Commission shall monitor and investigate compliance with each
license and permit issued under this subchapter and with each exemption
granted from any requirement of this subchapter. The Commission shall
conduct such investigations as may be necessary and proper in accordance
with this chapter. After notice and opportunity for public hearing, the
Commission may issue such orders as necessary to require compliance with
the terms and conditions of licenses and permits issued under this
subchapter and with the terms and conditions of exemptions granted from
any requirement of this subchapter.
(b) Revocation orders
After notice and opportunity for an evidentiary hearing, the
Commission may also issue an order revoking any license issued under
this subchapter or any exemption granted from any requirement of this
subchapter where any licensee or exemptee is found by the Commission:
(1) to have knowingly violated a final order issued under subsection
(a) of this section after completion of judicial review (or the
opportunity for judicial review); and
(2) to have been given reasonable time to comply fully with such
order prior to commencing any revocation proceeding.
In any such proceeding, the order issued under subsection (a) of this
section shall be subject to de novo review by the Commission. No order
shall be issued under this subsection until after the Commission has
taken into consideration the nature and seriousness of the violation and
the efforts of the licensee to remedy the violation.
(c) Civil penalty
Any licensee, permittee, or exemptee who violates or fails or refuses
to comply with any rule or regulation under this subchapter, any term,
or condition of a license, permit, or exemption under this subchapter,
or any order issued under subsection (a) of this section shall be
subject to a civil penalty in an amount not to exceed $10,000 for each
day that such violation or failure or refusal continues. Such penalty
shall be assessed by the Commission after notice and opportunity for
public hearing. In determining the amount of a proposed penalty, the
Commission shall take into consideration the nature and seriousness of
the violation, failure, or refusal and the efforts of the licensee to
remedy the violation, failure, or refusal in a timely manner. No civil
penalty shall be assessed where revocation is ordered.
(d) Assessment
(1) Before issuing an order assessing a civil penalty against any
person under this section, the Commission shall provide to such person
notice of the proposed penalty. Such notice shall, except in the case
of a violation of a final order issued under subsection (a) of this
section, inform such person of his opportunity to elect in writing
within 30 days after the date of receipt of such notice to have the
procedures of paragraph (3) (in lieu of those of paragraph (2)) apply
with respect to such assessment.
(2)(A) In the case of the violation of a final order issued under
subsection (a) of this section, or unless an election is made within 30
calendar days after receipt of notice under paragraph (1) to have
paragraph (3) apply with respect to such penalty, the Commission shall
assess the penalty, by order, after a determination of violation has
been made on the record after an opportunity for an agency hearing
pursuant to section 554 of title 5 before an administrative law judge
appointed under section 3105 of such title 5. Such assessment order
shall include the administrative law judge's findings and the basis for
such assessment.
(B) Any person against whom a penalty is assessed under this
paragraph may, within 60 calendar days after the date of the order of
the Commission assessing such penalty, institute an action in the United
States court of appeals for the appropriate judicial circuit for
judicial review of such order in accordance with chapter 7 of title 5.
The court shall have jurisdiction to enter a judgment affirming,
modifying, or setting aside in whole or in Part, /1/ the order of the
Commission, or the court may remand the proceeding to the Commission for
such further action as the court may direct.
(3)(A) In the case of any civil penalty with respect to which the
procedures of this paragraph have been elected, the Commission shall
promptly assess such penalty, by order, after the date of the receipt of
the notice under paragraph (1) of the proposed penalty.
(B) If the civil penalty has not been paid within 60 calendar days
after the assessment order has been made under subparagraph (A), the
Commission shall institute an action in the appropriate district court
of the United States for an order affirming the assessment of the civil
penalty. The court shall have authority to review de novo the law and
the facts involved, and shall have jurisdiction to enter a judgment
enforcing, modifying, and enforcing as so modified, or setting aside in
whole or in Part, /1/ such assessment.
(C) Any election to have this paragraph apply may not be revoked
except with the consent of the Commission.
(4) The Commission may compromise, modify, or remit, with or without
conditions, any civil penalty which may be imposed under this
subsection, taking into consideration the nature and seriousness of the
violation and the efforts of the licensee to remedy the violation in a
timely manner at any time prior to a final decision by the court of
appeals under paragraph (2) or by the district court under paragraph
(3).
(5) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order under paragraph (2), or
after the appropriate district court has entered final judgment in favor
of the Commission under paragraph (3), the Commission shall institute an
action to recover the amount of such penalty in any appropriate district
court of the United States. In such action, the validity and
appropriateness of such final assessment order or judgment shall not be
subject to review.
(6)(A) Notwithstanding the provisions of title 28 or of this chapter,
the Commission may be represented by the general counsel of the
Commission (or any attorney or attorneys within the Commission
designated by the Chairman) who shall supervise, conduct, and argue any
civil litigation to which paragraph (3) of this subsection applies
(including any related collection action under paragraph (5)) in a court
of the United States or in any other court, except the Supreme Court.
However, the Commission or the general counsel shall consult with the
Attorney General concerning such litigation, and the Attorney General
shall provide, on request, such assistance in the conduct of such
litigation as may be appropriate.
(B) The Commission shall be represented by the Attorney General, or
the Solicitor General, as appropriate, in actions under this subsection,
except to the extent provided in subparagraph (A) of this paragraph.
(June 10, 1920, ch. 285, pt. I, 31, as added Oct. 16, 1986, Pub. L.
99-495, 12, 100 Stat. 1255.)
Section applicable to licenses, permits, and exemptions without
regard to when issued, see section 18 of Pub. L. 99-495, set out as an
Effective Date of 1986 Amendment note under section 797 of this title.
/1/ So in original. Probably should not be capitalized.
16 USC SUBCHAPTER II -- REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED
IN INTERSTATE COMMERCE
TITLE 16 -- CONSERVATION
1761.
16 USC 824. Declaration of policy; application of subchapter
TITLE 16 -- CONSERVATION
(a) Federal regulation of transmission and sale of electric energy
It is declared that the business of transmitting and selling electric
energy for ultimate distribution to the public is affected with a public
interest, and that Federal regulation of matters relating to generation
to the extent provided in this subchapter and subchapter III of this
chapter and of that part of such business which consists of the
transmission of electric energy in interstate commerce and the sale of
such energy at wholesale in interstate commerce is necessary in the
public interest, such Federal regulation, however, to extend only to
those matters which are not subject to regulation by the States.
(b) Use or sale of electric energy in interstate commerce
(1) The provisions of this subchapter shall apply to the transmission
of electric energy in interstate commerce and to the sale of electric
energy at wholesale in interstate commerce, but except as provided in
paragraph (2) shall not apply to any other sale of electric energy or
deprive a State or State commission of its lawful authority now
exercised over the exportation of hydroelectric energy which is
transmitted across a State line. The Commission shall have jurisdiction
over all facilities for such transmission or sale of electric energy,
but shall not have jurisdiction, except as specifically provided in this
subchapter and subchapter III of this chapter, over facilities used for
the generation of electric energy or over facilities used in local
distribution or only for the transmission of electric energy in
intrastate commerce, or over facilities for the transmission of electric
energy consumed wholly by the transmitter.
(2) The provisions of sections 824i, 824j, and 824k of this title
shall apply to the entities described in such provisions, and such
entities shall be subject to the jurisdiction of the Commission for
purposes of carrying out such provisions and for purposes of applying
the enforcement authorities of this chapter with respect to such
provisions. Compliance with any order of the Commission under the
provisions of section 824i or 824j of this title, shall not make an
electric utility or other entity subject to the jurisdiction of the
Commission for any purposes other than the purposes specified in the
preceding sentence.
(c) Electric energy in interstate commerce
For the purpose of this subchapter, electric energy shall be held to
be transmitted in interstate commerce if transmitted from a State and
consumed at any point outside thereof; but only insofar as such
transmission takes place within the United States.
(d) ''Sale of electric energy at wholesale'' defined
The term ''sale of electric energy at wholesale'' when used in this
subchapter, means a sale of electric energy to any person for resale.
(e) ''Public utility'' defined
The term ''public utility'' when used in this subchapter and
subchapter III of this chapter means any person who owns or operates
facilities subject to the jurisdiction of the Commission under this
subchapter (other than facilities subject to such jurisdiction solely by
reason of section 824i, 824j, or 824k of this title).
(f) United States, State, political subdivision of a State, or agency
or instrumentality thereof exempt
No provision in this subchapter shall apply to, or be deemed to
include, the United States, a State or any political subdivision of a
State, or any agency, authority, or instrumentality of any one or more
of the foregoing, or any corporation which is wholly owned, directly or
indirectly, by any one or more of the foregoing, or any officer, agent,
or employee of any of the foregoing acting as such in the course of his
official duty, unless such provision makes specific reference thereto.
(g) Books and records
(1) Upon written order of a State commission, a State commission may
examine the books, accounts, memoranda, contracts, and records of --
(A) an electric utility company subject to its regulatory authority
under State law,
(B) any exempt wholesale generator selling energy at wholesale to
such electric utility, and
(C) any electric utility company, or holding company thereof, which
is an associate company or affiliate of an exempt wholesale generator
which sells electric energy to an electric utility company referred to
in subparagraph (A),
wherever located, if such examination is required for the effective
discharge of the State commission's regulatory responsibilities
affecting the provision of electric service.
(2) Where a State commission issues an order pursuant to paragraph
(1), the State commission shall not publicly disclose trade secrets or
sensitive commercial information.
(3) Any United States district court located in the State in which
the State commission referred to in paragraph (1) is located shall have
jurisdiction to enforce compliance with this subsection.
(4) Nothing in this section shall --
(A) preempt applicable State law concerning the provision of records
and other information; or
(B) in any way limit rights to obtain records and other information
under Federal law, contracts, or otherwise.
(5) As used in this subsection the terms ''affiliate'', ''associate
company'', ''electric utility company'', ''holding company'',
''subsidiary company'', and ''exempt wholesale generator'' shall have
the same meaning as when used in the Public Utility Holding Company Act
of 1935 (15 U.S.C. 79 et seq.).
(June 10, 1920, ch. 285, pt. II, 201, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 847; amended Nov. 9, 1978, Pub. L.
95-617, title II, 204(b), 92 Stat. 3140; Oct. 24, 1992, Pub. L.
102-486, title VII, 714, 106 Stat. 2911.)
The Public Utility Holding Company Act of 1935, referred to in
subsec. (g)(5), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.
838, as amended, which is classified generally to chapter 2C ( 79 et
seq.) of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see section 79 of Title 15 and Tables.
1992 -- Subsec. (g). Pub. L. 102-486 added subsec. (g).
1978 -- Subsec. (b). Pub. L. 95-617, 204(b)(1), designated existing
provisions as par. (1), inserted ''except as provided in paragraph
(2)'' after ''in interstate commerce, but'', and added par. (2).
Subsec. (e). Pub. L. 95-617, 204(b)(2), inserted ''(other than
facilities subject to such jurisdiction solely by reason of section
824i, 824j, or 824k of this title)'' after ''under this subchapter''.
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Section 214 of Pub. L. 95-617 provided that:
''(a) Prior Actions. -- No provision of this title (enacting sections
823a, 824i to 824k, 824a-1 to 824a-3 and 825q-1 of this title, amending
sections 796, 824, 824a, 824d, and 825d of this title and enacting
provisions set out as notes under sections 824a, 824d, and 825d of this
title) or of any amendment made by this title shall apply to, or affect,
any action taken by the Commission before the date of the enactment of
this Act (Nov. 9, 1978).
''(b) Other Authorities. -- No provision of this title (enacting
sections 823a, 824i to 824k, 824a-1 to 824a-3 and 825q-1 of this title,
amending sections 796, 824, 824a, 824d, and 825d of this title and
enacting provisions set out as notes under sections 824a, 824d, and 825d
of this title) or of any amendment made by this title shall limit,
impair or otherwise affect any authority of the Commission or any other
agency or instrumentality of the United States under any other provision
of law except as specifically provided in this title.''
16 USC 824a. Interconnection and coordination of facilities;
emergencies; transmission to foreign countries
TITLE 16 -- CONSERVATION
(a) Regional districts; establishment; notice to State commissions
For the purpose of assuring an abundant supply of electric energy
throughout the United States with the greatest possible economy and with
regard to the proper utilization and conservation of natural resources,
the Commission is empowered and directed to divide the country into
regional districts for the voluntary interconnection and coordination of
facilities for the generation, transmission, and sale of electric
energy, and it may at any time thereafter, upon its own motion or upon
application, make such modifications thereof as in its judgment will
promote the public interest. Each such district shall embrace an area
which, in the judgment of the Commission, can economically be served by
such interconnection and coordinated electric facilities. It shall be
the duty of the Commission to promote and encourage such interconnection
and coordination within each such district and between such districts.
Before establishing any such district and fixing or modifying the
boundaries thereof the Commission shall give notice to the State
commission of each State situated wholly or in part within such
district, and shall afford each such State commission reasonable
opportunity to present its views and recommendations, and shall receive
and consider such views and recommendations.
(b) Sale or exchange of energy; establishing physical connections
Whenever the Commission, upon application of any State commission or
of any person engaged in the transmission or sale of electric energy,
and after notice to each State commission and public utility affected
and after opportunity for hearing, finds such action necessary or
appropriate in the public interest it may by order direct a public
utility (if the Commission finds that no undue burden will be placed
upon such public utility thereby) to establish physical connection of
its transmission facilities with the facilities of one or more other
persons engaged in the transmission or sale of electric energy, to sell
energy to or exchange energy with such persons: Provided, That the
Commission shall have no authority to compel the enlargement of
generating facilities for such purposes, nor to compel such public
utility to sell or exchange energy when to do so would impair its
ability to render adequate service to its customers. The Commission may
prescribe the terms and conditions of the arrangement to be made between
the persons affected by any such order, including the apportionment of
cost between them and the compensation or reimbursement reasonably due
to any of them.
(c) Temporary connection and exchange of facilities during emergency
During the continuance of any war in which the United States is
engaged, or whenever the Commission determines that an emergency exists
by reason of a sudden increase in the demand for electric energy, or a
shortage of electric energy or of facilities for the generation or
transmission of electric energy, or of fuel or water for generating
facilities, or other causes, the Commission shall have authority, either
upon its own motion or upon complaint, with or without notice, hearing,
or report, to require by order such temporary connections of facilities
and such generation, delivery, interchange, or transmission of electric
energy as in its judgment will best meet the emergency and serve the
public interest. If the parties affected by such order fail to agree
upon the terms of any arrangement between them in carrying out such
order, the Commission, after hearing held either before or after such
order takes effect, may prescribe by supplemental order such terms as it
finds to be just and reasonable, including the compensation or
reimbursement which should be paid to or by any such party.
(d) Temporary connection during emergency by persons without
jurisdiction of Commission
During the continuance of any emergency requiring immediate action,
any person engaged in the transmission or sale of electric energy and
not otherwise subject to the jurisdiction of the Commission may make
such temporary connections with any public utility subject to the
jurisdiction of the Commission or may construct such temporary
facilities for the transmission of electric energy in interstate
commerce as may be necessary or appropriate to meet such emergency, and
shall not become subject to the jurisdiction of the Commission by reason
of such temporary connection or temporary construction: Provided, That
such temporary connection shall be discontinued or such temporary
construction removed or otherwise disposed of upon the termination of
such emergency: Provided further, That upon approval of the Commission
permanent connections for emergency use only may be made hereunder.
(e) Transmission of electric energy to foreign country
After six months from August 26, 1935, no person shall transmit any
electric energy from the United States to a foreign country without
first having secured an order of the Commission authorizing it to do so.
The Commission shall issue such order upon application unless, after
opportunity for hearing, it finds that the proposed transmission would
impair the sufficiency of electric supply within the United States or
would impede or tend to impede the coordination in the public interest
of facilities subject to the jurisdiction of the Commission. The
Commission may by its order grant such application in whole or in part,
with such modifications and upon such terms and conditions as the
Commission may find necessary or appropriate, and may from time to time,
after opportunity for hearing and for good cause shown, make such
supplemental orders in the premises as it may find necessary or
appropriate.
(f) Transmission or sale at wholesale of electric energy; regulation
The ownership or operation of facilities for the transmission or sale
at wholesale of electric energy which is (a) generated within a State
and transmitted from the State across an international boundary and not
thereafter transmitted into any other State, or (b) generated in a
foreign country and transmitted across an international boundary into a
State and not thereafter transmitted into any other State, shall not
make a person a public utility subject to regulation as such under other
provisions of this subchapter. The State within which any such
facilities are located may regulate any such transaction insofar as such
State regulation does not conflict with the exercise of the Commission's
powers under or relating to subsection (e) of this section.
(g) Continuance of service
In order to insure continuity of service to customers of public
utilities, the Commission shall require, by rule, each public utility to
--
(1) report promptly to the Commission and any appropriate State
regulatory authorities any anticipated shortage of electric energy or
capacity which would affect such utility's capability of serving its
wholesale customers,
(2) submit to the Commission, and to any appropriate State regulatory
authority, and periodically revise, contingency plans respecting --
(A) shortages of electric energy or capacity, and
(B) circumstances which may result in such shortages, and
(3) accommodate any such shortages or circumstances in a manner which
shall --
(A) give due consideration to the public health, safety, and welfare,
and
(B) provide that all persons served directly or indirectly by such
public utility will be treated, without undue prejudice or disadvantage.
(June 10, 1920, ch. 285, pt. II, 202, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 848; amended Aug. 7, 1953, ch. 343, 67
Stat. 461; Nov. 9, 1978, Pub. L. 95-617, title II, 206(a), 92 Stat.
3141.)
1978 -- Subsec. (g). Pub. L. 95-617 added subsec. (g).
1953 -- Subsec. (f). Act Aug. 7, 1953, added subsec. (f).
Section 206(b) of Pub. L. 95-617 provided that: ''The amendment
made by subsection (a) (adding subsec. (g) of this section) shall not
affect any proceeding of the Commission pending on the date of the
enactment of this Act (Nov. 9, 1978) or any case pending on such date
respecting a proceeding of the Commission.''
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter and interconnection,
under this section, of facilities for generation, transmission, and sale
of electric energy, other than emergency interconnection, transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Functions of President respecting certain facilities constructed and
maintained on United States borders delegated to Secretary of State, see
Ex. Ord. No. 11423, Aug. 16, 1968. 33 F.R. 11741, set out as a note
under section 301 of Title 3, The President.
For provisions relating to performance of functions by Secretary of
Energy respecting electric power and natural gas facilities located on
United States borders, see Ex. Ord. No. 10485, Sept. 8, 1953, 18 F.R.
5397, as amended by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,
set out as a note under section 717b of Title 15, Commerce and Trade.
7172.
16 USC 824a-1. Pooling
TITLE 16 -- CONSERVATION
(a) State laws
The Commission may, on its own motion, and shall, on application of
any person or governmental entity, after public notice and notice to the
Governor of the affected State and after affording an opportunity for
public hearing, exempt electric utilities, in whole or in part, from any
provision of State law, or from any State rule or regulation, which
prohibits or prevents the voluntary coordination of electric utilities,
including any agreement for central dispatch, if the Commission
determines that such voluntary coordination is designed to obtain
economical utilization of facilities and resources in any area. No such
exemption may be granted if the Commission finds that such provision of
State law, or rule or regulation --
(1) is required by any authority of Federal law, or
(2) is designed to protect public health, safety, or welfare, or the
environment or conserve energy or is designed to mitigate the effects of
emergencies resulting from fuel shortages.
(b) Pooling study
(1) The Commission, in consultation with the reliability councils
established under section 202(a) of the Federal Power Act (16 U.S.C.
824a), the Secretary, and the electric utility industry shall study the
opportunities for --
(A) conservation of energy,
(B) optimization in the efficiency of use of facilities and
resources, and
(C) increased reliability,
through pooling arrangements. Not later than 18 months after
November 9, 1978, the Commission shall submit a report containing the
results of such study to the President and the Congress.
(2) The Commission may recommend to electric utilities that such
utilities should voluntarily enter into negotiations where the
opportunities referred to in paragraph (1) exist. The Commission shall
report annually to the President and the Congress regarding any such
recommendations and subsequent actions taken by electric utilities, by
the Commission, and by the Secretary under this Act, the Federal Power
Act (16 U.S.C. 791a et seq.), and any other provision of law. Such
annual reports shall be included in the Commission's annual report
required under the Department of Energy Organization Act (42 U.S.C. 7101
et seq.).
(Pub. L. 95-617, title II, 205, Nov. 9, 1978, 92 Stat. 3140.)
The Commission, referred to in text, means the Federal Energy
Regulatory Commission. See section 2602(3) of this title
The Secretary, referred to in subsec. (b), means the Secretary of
Energy. See section 2602(14) of this title.
This Act, referred to in subsec. (b)(2), means Pub. L. 95-617, Nov.
9, 1978, 92 Stat. 3117, known as the ''Public Utility Regulatory
Policies Act of 1978''. For complete classification of this Act to the
Code, see Short Title note set out under section 2601 of this title and
Tables.
The Federal Power Act, referred to in subsec. (b)(2), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to this chapter. For complete classification of this Act to
the Code, see section 791a of this title and Tables.
The Department of Energy Organization Act, referred to in subsec.
(b)(2), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,
which is classified principally to chapter 84 ( 7101 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 7101 of
Title 42 and Tables.
Section was enacted as part of the Public Utility Regulatory Policies
Act of 1978, and not as part of the Federal Power Act which generally
comprises this chapter.
16 USC 824a-2. Reliability
TITLE 16 -- CONSERVATION
(a) Study
(1) The Secretary, in consultation with the Commission, shall conduct
a study with respect to --
(A) the level of reliability appropriate to adequately serve the
needs of electric consumers, taking into account cost effectiveness and
the need for energy conservation,
(B) the various methods which could be used in order to achieve such
level of reliability and the cost effectiveness of such methods, and
(C) the various procedures that might be used in case of an emergency
outage to minimize the public disruption and economic loss that might be
caused by such an outage and the cost effectiveness of such procedures.
Such study shall be completed and submitted to the President and the
Congress not later than 18 months after November 9, 1978. Before such
submittal the Secretary shall provide an opportunity for public comment
on the results of such study.
(2) The study under paragraph (1) shall include consideration of the
following:
(A) the cost effectiveness of investments in each of the components
involved in providing adequate and reliable electric service, including
generation, transmission, and distribution facilities, and devices
available to the electric consumer;
(B) the environmental and other effects of the investments considered
under subparagraph (A);
(C) various types of electric utility systems in terms of generation,
transmission, distribution and customer mix, the extent to which
differences in reliability levels may be desirable, and the
cost-effectiveness of the various methods which could be used to
decrease the number and severity of any outages among the various types
of systems;
(D) alternatives to adding new generation facilities to achieve such
desired levels of reliability (including conservation);
(E) the cost-effectiveness of adding a number of small, decentralized
conventional and nonconventional generating units rather than a small
number of large generating units with a similar total megawatt capacity
for achieving the desired level of reliability; and
(F) any standards for electric utility reliability used by, or
suggested for use by, the electric utility industry in terms of
cost-effectiveness in achieving the desired level of reliability,
including equipment standards, standards for operating procedures and
training of personnel, and standards relating the number and severity of
outages to periods of time.
(b) Examination of reliability issues by reliability councils
The Secretary, in consultation with the Commission, may, from time to
time, request the reliability councils established under section 202(a)
of the Federal Power Act (16 U.S.C. 824a(a) of this title) or other
appropriate persons (including Federal agencies) to examine and report
to him concerning any electric utility reliability issue. The Secretary
shall report to the Congress (in its annual report or in the report
required under subsection (a) of this section if appropriate) the
results of any examination under the preceding sentence.
(c) Department of Energy recommendations
The Secretary, in consultation with the Commission, and after
opportunity for public comment, may recommend industry standards for
reliability to the electric utility industry, including standards with
respect to equipment, operating procedures and training of personnel,
and standards relating to the level or levels of reliability appropriate
to adequately and reliably serve the needs of electric consumers. The
Secretary shall include in his annual report --
(1) any recommendations made under this subsection or any
recommendations respecting electric utility reliability problems under
any other provision of law, and
(2) a description of actions taken by electric utilities with respect
to such recommendations.
(Pub. L. 95-617, title II, 209, Nov. 9, 1978, 92 Stat. 3143.)
The Secretary and the Commission, referred to in subsecs. (a)(1),
(b), and (c), mean the Secretary of Energy and the Federal Energy
Regulatory Commission, respectively. See section 2602(3) and (14) of
this title.
Section was enacted as part of the Public Utility Regulatory Policies
Act of 1978, and not as part of the Federal Power Act which generally
comprises this chapter.
16 USC 824a-3. Cogeneration and small power production
TITLE 16 -- CONSERVATION
(a) Cogeneration and small power production rules
Not later than 1 year after November 9, 1978, the Commission shall
prescribe, and from time to time thereafter revise, such rules as it
determines necessary to encourage cogeneration and small power
production, and to encourage geothermal small power production
facilities of not more than 80 megawatts capacity, which rules require
electric utilities to offer to --
(1) sell electric energy to qualifying cogeneration facilities and
qualifying small power production facilities /1/ and
(2) purchase electric energy from such facilities.
Such rules shall be prescribed, after consultation with
representatives of Federal and State regulatory agencies having
ratemaking authority for electric utilities, and after public notice and
a reasonable opportunity for interested persons (including State and
Federal agencies) to submit oral as well as written data, views, and
arguments. Such rules shall include provisions respecting minimum
reliability of qualifying cogeneration facilities and qualifying small
power production facilities (including reliability of such facilities
during emergencies) and rules respecting reliability of electric energy
service to be available to such facilities from electric utilities
during emergencies. Such rules may not authorize a qualifying
cogeneration facility or qualifying small power production facility to
make any sale for purposes other than resale.
(b) Rates for purchases by electric utilities
The rules prescribed under subsection (a) of this section shall
insure that, in requiring any electric utility to offer to purchase
electric energy from any qualifying cogeneration facility or qualifying
small power production facility, the rates for such purchase --
(1) shall be just and reasonable to the electric consumers of the
electric utility and in the public interest, and
(2) shall not discriminate against qualifying cogenerators or
qualifying small power producers.
No such rule prescribed under subsection (a) of this section shall
provide for a rate which exceeds the incremental cost to the electric
utility of alternative electric energy.
(c) Rates for sales by utilities
The rules prescribed under subsection (a) of this section shall
insure that, in requiring any electric utility to offer to sell electric
energy to any qualifying cogeneration facility or qualifying small power
production facility, the rates for such sale --
(1) shall be just and reasonable and in the public interest, and
(2) shall not discriminate against the qualifying cogenerators or
qualifying small power producers.
(d) ''Incremental cost of alternative electric energy'' defined
For purposes of this section, the term ''incremental cost of
alternative electric energy'' means, with respect to electric energy
purchased from a qualifying cogenerator or qualifying small power
producer, the cost to the electric utility of the electric energy which,
but for the purchase from such cogenerator or small power producer, such
utility would generate or purchase from another source.
(e) Exemptions
(1) Not later than 1 year after November 9, 1978, and from time to
time thereafter, the Commission shall, after consultation with
representatives of State regulatory authorities, electric utilities,
owners of cogeneration facilities and owners of small power production
facilities, and after public notice and a reasonable opportunity for
interested persons (including State and Federal agencies) to submit oral
as well as written data, views, and arguments, prescribe rules under
which geothermal small power production facilities of not more than 80
megawatts capacity, qualifying cogeneration facilities, and qualifying
small power production facilities are exempted in whole or part from the
Federal Power Act (16 U.S.C. 791a et seq.), from the Public Utility
Holding Company Act (15 U.S.C. 79 et seq.), from State laws and
regulations respecting the rates, or respecting the financial or
organizational regulation, of electric utilities, or from any
combination of the foregoing, if the Commission determines such
exemption is necessary to encourage cogeneration and small power
production.
(2) No qualifying small power production facility (other than a
qualifying small power production facility which is an eligible solar,
wind, waste, or geothermal facility as defined in section 3(17)(E) of
the Federal Power Act (16 U.S.C. 796(17)(E))) which has a power
production capacity which, together with any other facilities located at
the same site (as determined by the Commission), exceeds 30 megawatts,
or 80 megawatts for a qualifying small power production facility using
geothermal energy as the primary energy source, may be exempted under
rules under paragraph (1) from any provision of law or regulation
referred to in paragraph (1), except that any qualifying small power
production facility which produces electric energy solely by the use of
biomass as a primary energy source, may be exempted by the Commission
under such rules from the Public Utility Holding Company Act (15 U.S.C.
79 et seq.) and from State laws and regulations referred to in such
paragraph (1).
(3) No qualifying small power production facility or qualifying
cogeneration facility may be exempted under this subsection from --
(A) any State law or regulation in effect in a State pursuant to
subsection (f) of this section,
(B) the provisions of section 210, 211, or 212 of the Federal Power
Act (16 U.S.C. 824i, 824j, or 824k) or the necessary authorities for
enforcement of any such provision under the Federal Power Act (16 U.S.C.
791a et seq.), or
(C) any license or permit requirement under part I of the Federal
Power Act (16 U.S.C. 791a et seq.) any provision under such Act related
to such a license or permit requirement, or the necessary authorities
for enforcement of any such requirement.
(f) Implementation of rules for qualifying cogeneration and
qualifying small power production facilities
(1) Beginning on or before the date one year after any rule is
prescribed by the Commission under subsection (a) of this section or
revised under such subsection, each State regulatory authority shall,
after notice and opportunity for public hearing, implement such rule (or
revised rule) for each electric utility for which it has ratemaking
authority.
(2) Beginning on or before the date one year after any rule is
prescribed by the Commission under subsection (a) of this section or
revised under such subsection, each nonregulated electric utility shall,
after notice and opportunity for public hearing, implement such rule (or
revised rule).
(g) Judicial review and enforcement
(1) Judicial review may be obtained respecting any proceeding
conducted by a State regulatory authority or nonregulated electric
utility for purposes of implementing any requirement of a rule under
subsection (a) of this section in the same manner, and under the same
requirements, as judicial review may be obtained under section 2633 of
this title in the case of a proceeding to which section 2633 of this
title applies.
(2) Any person (including the Secretary) may bring an action against
any electric utility, qualifying small power producer, or qualifying
cogenerator to enforce any requirement established by a State regulatory
authority or nonregulated electric utility pursuant to subsection (f) of
this section. Any such action shall be brought only in the manner, and
under the requirements, as provided under section 2633 of this title
with respect to an action to which section 2633 of this title applies.
(h) Commission enforcement
(1) For purposes of enforcement of any rule prescribed by the
Commission under subsection (a) of this section with respect to any
operations of an electric utility, a qualifying cogeneration facility or
a qualifying small power production facility which are subject to the
jurisdiction of the Commission under part II of the Federal Power Act
(16 U.S.C. 824 et seq.), such rule shall be treated as a rule under the
Federal Power Act (16 U.S.C. 791a et seq.). Nothing in subsection (g) of
this section shall apply to so much of the operations of an electric
utility, a qualifying cogeneration facility or a qualifying small power
production facility as are subject to the jurisdiction of the Commission
under part II of the Federal Power Act.
(2)(A) The Commission may enforce the requirements of subsection (f)
of this section against any State regulatory authority or nonregulated
electric utility. For purposes of any such enforcement, the
requirements of subsection (f)(1) of this section shall be treated as a
rule enforceable under the Federal Power Act (16 U.S.C. 791a et seq.).
For purposes of any such action, a State regulatory authority or
nonregulated electric utility shall be treated as a person within the
meaning of the Federal Power Act. No enforcement action may be brought
by the Commission under this section other than --
(i) an action against the State regulatory authority or nonregulated
electric utility for failure to comply with the requirements of
subsection (f) of this section /2/ or
(ii) an action under paragraph (1).
(B) Any electric utility, qualifying cogenerator, or qualifying small
power producer may petition the Commission to enforce the requirements
of subsection (f) of this section as provided in subparagraph (A) of
this paragraph. If the Commission does not initiate an enforcement
action under subparagraph (A) against a State regulatory authority or
nonregulated electric utility within 60 days following the date on which
a petition is filed under this subparagraph with respect to such
authority, the petitioner may bring an action in the appropriate United
States district court to require such State regulatory authority or
nonregulated electric utility to comply with such requirements, and such
court may issue such injunctive or other relief as may be appropriate.
The Commission may intervene as a matter of right in any such action.
(i) Federal contracts
No contract between a Federal agency and any electric utility for the
sale of electric energy by such Federal agency for resale which is
entered into after November 9, 1978, may contain any provision which
will have the effect of preventing the implementation of any rule under
this section with respect to such utility. Any provision in any such
contract which has such effect shall be null and void.
(j) New dams and diversions
Except for a hydroelectric project located at a Government dam (as
defined in section 3(10) of the Federal Power Act (16 U.S.C. 796(10)))
at which non-Federal hydroelectric development is permissible, this
section shall not apply to any hydroelectric project which impounds or
diverts the water of a natural watercourse by means of a new dam or
diversion unless the project meets each of the following requirements:
(1) No substantial adverse effects
At the time of issuance of the license or exemption for the project,
the Commission finds that the project will not have substantial adverse
effects on the environment, including recreation and water quality.
Such finding shall be made by the Commission after taking into
consideration terms and conditions imposed under either paragraph (3) of
this subsection or section 10 of the Federal Power Act (16 U.S.C. 803)
(whichever is appropriate as required by that Act (16 U.S.C. 791a et
seq.) or the Electric Consumers Protection Act of 1986) and compliance
with other environmental requirements applicable to the project.
(2) Protected rivers
At the time the application for a license or exemption for the
project is accepted by the Commission (in accordance with the
Commission's regulations and procedures in effect on January 1, 1986,
including those relating to environmental consultation), such project is
not located on either of the following:
(A) Any segment of a natural watercourse which is included in (or
designated for potential inclusion in) a State or national wild and
scenic river system.
(B) Any segment of a natural watercourse which the State has
determined, in accordance with applicable State law, to possess unique
natural, recreational, cultural, or scenic attributes which would be
adversely affected by hydroelectric development.
(3) Fish and wildlife terms and conditions
The project meets the terms and conditions set by fish and wildlife
agencies under the same procedures as provided for under section 30(c)
of the Federal Power Act (16 U.S.C. 823a(c)).
(k) Definition of new dam or diversion
For purposes of this section, the term ''new dam or diversion'' means
a dam or diversion which requires, for purposes of installing any
hydroelectric power project, any construction, or enlargement of any
impoundment or diversion structure (other than repairs or reconstruction
or the addition of flashboards or similar adjustable devices).
(l) Definitions
For purposes of this section, the terms ''small power production
facility'', ''qualifying small power production facility'', ''qualifying
small power producer'', ''primary energy source'', ''cogeneration
facility'', ''qualifying cogeneration facility'', and ''qualifying
cogenerator'' have the respective meanings provided for such terms under
section 3(17) and (18) of the Federal Power Act (16 U.S.C. 796(17),
(18)).
(Pub. L. 95-617, title II, 210, Nov. 9, 1978, 92 Stat. 3144; Pub.
L. 96-294, title VI, 643(b), June 30, 1980, 94 Stat. 770; Pub. L.
99-495, 8(a), Oct. 16, 1986, 100 Stat. 1249; Pub. L. 101-575, 2, Nov.
15, 1990, 104 Stat. 2834.)
The Commission, referred to in subsecs. (a), (e)(1), (2), (f), (h),
and (j)(1), (2), means the Federal Energy Regulatory Commission. See
section 2602(3) of this title.
The Secretary, referred to in subsec. (g)(2), means the Secretary of
Energy. See section 2602(14) of this title.
The Federal Power Act, referred to in subsecs. (e), (h), and (j)(1),
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is
classified generally to this chapter ( 791a et seq.). Part I of the
Federal Power Act is classified generally to subchapter I ( 791a et
seq.) of this chapter. Part II of the Federal Power Act is classified
generally to this subchapter ( 824 et seq.). For complete classification
of this Act to the Code, see section 791a of this title and Tables.
The Public Utility Holding Company Act, referred to in subsec. (e),
probably means the Public Utility Holding Company Act of 1935, act Aug.
26, 1935, ch. 687, title I, 49 Stat. 838, as amended, which is
classified generally to chapter 2C ( 79 et seq.) of Title 15, Commerce
and Trade. For complete classification of this Act to the Code, see
section 79 of Title 15 and Tables.
The Electric Consumers Protection Act of 1986, referred to in subsec.
(j)(1), is Pub. L. 99-495, Oct. 16, 1986, 100 Stat. 1243. For
complete classification of this Act to the Code, see Short Title of 1986
Amendment note set out under section 791a of this title and Tables.
Section was enacted as part of the Public Utility Regulatory Policies
Act of 1978, and not as part of the Federal Power Act which generally
comprises this chapter.
1990 -- Subsec. (e)(2). Pub. L. 101-575 inserted ''(other than a
qualifying small power production facility which is an eligible solar,
wind, waste, or geothermal facility as defined in section 3(17)(E) of
the Federal Power Act)'' after first reference to ''facility''.
1986 -- Subsecs. (j) to (l). Pub. L. 99-495 added subsecs. (j) and
(k) and redesignated former subsec. (j) as (l).
1980 -- Subsec. (a). Pub. L. 96-294, 643(b)(1), inserted provisions
relating to encouragement of geothermal small power production
facilities.
Subsec. (e)(1). Pub. L. 96-294, 643(b)(2), inserted provisions
relating to applicability to geothermal small power production
facilities.
Subsec. (e)(2). Pub. L. 96-294, 643(b)(3), inserted provisions
respecting a qualifying small power production facility using geothermal
energy as the primary energy source.
Section 8(b) of Pub. L. 99-495 provided that:
''(1) Subsection (j) of section 210 of the Public Utility Regulatory
Policies Act of 1978 (as amended by subsection (a) of this section) (16
U.S.C. 824a-3(j)) shall apply to any project for which benefits under
section 210 of the Public Utility Regulatory Policies Act of 1978 are
sought and for which a license or exemption is issued by the Federal
Energy Regulatory Commission after the enactment of this Act (Oct. 16,
1986), except as otherwise provided in paragraph (2), (3) or (4) of this
subsection.
''(2) Subsection (j) shall not apply to the project if the
application for license or exemption for the project was filed, and
accepted for filing by the Commission, before the enactment of this Act
(Oct. 16, 1986).
''(3) Paragraphs (1) and (3) of such subsection (j) shall not apply
if the application for the license or exemption for the project was
filed before the enactment of this Act (Oct. 16, 1986) and accepted for
filing by the Commission (in accordance with the Commission's
regulations and procedures in effect on January 1, 1986, including those
relating to the requirement for environmental consultation) within 3
years after such enactment.
''(4)(A) Paragraph (3) of subsection (j) shall not apply for projects
where the license or exemption application was filed after enactment of
this Act (Oct. 16, 1986) if, based on a petition filed by the applicant
for such project within 18 months after such enactment, the Commission
determines (after public notice and opportunity for public comment of at
least 45 days) that the applicant has demonstrated that he had committed
(prior to the enactment of this Act) substantial monetary resources
directly related to the development of the project and to the diligent
and timely completion of all requirements of the Commission for filing
an acceptable application for license or exemption. Such petition shall
be publicly available and shall be filed in such form as the Commission
shall require by rule issued within 120 days after the enactment of this
Act. The public notice required under this subparagraph shall include
written notice by the petitioner to affected Federal and State agencies.
''(B) In the case of any petition referred to in subparagraph (A), if
the applicant had a preliminary permit and had completed environmental
consultations (required by Commission regulations and procedures in
effect on January 1, 1986) prior to enactment, there shall be a
rebuttable presumption that such applicant had committed substantial
monetary resources prior to enactment.
''(C) The applicant for a license or exemption for a project
described in subparagraph (A) may petition the Commission for an initial
determination under paragraph (1) of section 210(j) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3(j)(1)) prior
to the time the license or exemption is issued. If the Commission
initially finds that the project will have substantial adverse effects
on the environment within the meaning of such paragraph (1), prior to
making a final finding under that paragraph the Commission shall afford
the applicant a reasonable opportunity to provide for mitigation of such
adverse effects. The Commission shall make a final finding under such
paragraph (1) at the time the license or exemption is issued. If the
Federal Energy Regulatory Commission has notified the State of its
initial finding and the State has not taken any action described in
paragraph (2) of section 210(j) before such final finding, the failure
to take such action shall be the basis for a rebuttable presumption that
there is not a substantial adverse effect on the environment related to
natural, recreational, cultural, or scenic attributes for purposes of
such finding.
''(D) If a petition under subparagraph (A) is denied, all provisions
of section 210(j) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-3(j)) shall apply to the project regardless of when the
license or exemption is issued.''
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Pub. L. 102-486, title XIII, 1335, Oct. 24, 1992, 106 Stat. 2984,
provided that: ''Nothing in section 210 of the Public Utility
Regulatory Policies Act of 1978 (Public Law 95-617) (16 U.S.C. 824a-3)
requires a State regulatory authority or nonregulated electric utility
to treat a cost reasonably identified to be incurred or to have been
incurred in the construction or operation of a facility or a project
which has been selected by the Department of Energy and provided Federal
funding pursuant to the Clean Coal Program authorized by Public Law
98-473 (see Tables for classification) as an incremental cost of
alternative electric energy.''
Pub. L. 100-202, 101(d) (title III, 310), Dec. 22, 1987, 101 Stat.
1329-104, 1329-126, provided that:
''(a) The amendments made by section 643(b) of the Energy Security
Act (Public Law 96-294) (amending this section) and any regulations
issued to implement such amendment shall apply to qualifying small power
production facilities (as such term is defined in the Federal Power Act
(16 U.S.C. 791a et seq.)) using solar energy as the primary energy
source to the same extent such amendments and regulations apply to
qualifying small power production facilities using geothermal energy as
the primary energy source, except that nothing in this Act (see Tables
for classification) shall preclude the Federal Energy Regulatory
Commission from revising its regulations to limit the availability of
exemptions authorized under this Act as it determines to be required in
the public interest and consistent with its obligations and duties under
section 210 of the Public Utility Regulatory Policies Act of 1978 (this
section).
''(b) The provisions of subsection (a) shall apply to a facility
using solar energy as the primary energy source only if either of the
following is submitted to the Federal Energy Regulatory Commission
during the two-year period beginning on the date of enactment of this
Act (Dec. 22, 1987):
''(1) An application for certification of the facility as a
qualifying small power production facility.
''(2) Notice that the facility meets the requirements for
qualification.''
Section 8(d) of Pub. L. 99-495 provided that:
''(1) The Commission shall conduct a study (in accordance with
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C))) of whether the benefits of section 210 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) and section
210 of the Federal Power Act (16 U.S.C. 824i) should be applied to
hydroelectric power facilities utilizing new dams or diversions (within
the meaning of section 210(k) of the Public Utility Regulatory Policies
Act of 1978).
''(2) The study under this subsection shall take into consideration
the need for such new dams or diversions for power purposes, the
environmental impacts of such new dams and diversions (both with and
without the application of the amendments made by this Act to sections
4, 10, and 30 of the Federal Power Act (16 U.S.C. 797, 803, 823a) and
section 210 of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 824a-3)), the environmental effects of such facilities alone and
in combination with other existing or proposed dams or diversions on the
same waterway, the intent of Congress to encourage and give priority to
the application of section 210 of Public Utility Regulatory Policies Act
of 1978 to existing dams and diversions rather than such new dams or
diversions, and the impact of such section 210 on the rates paid by
electric power consumers.
''(3) The study under this subsection shall be initiated within 3
months after enactment of this Act (Oct. 16, 1986) and completed as
promptly as practicable.
''(4) A report containing the results of the study conducted under
this subsection shall be submitted to the Committee on Energy and
Commerce of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate while both
Houses are in session.
''(5) The report submitted under paragraph (4) shall include a
determination (and the basis thereof) by the Commission, based on the
study and a public hearing and subject to review under section 313(b) of
the Federal Power Act (16 U.S.C. 825l(b)), whether any of the benefits
referred to in paragraph (1) should be available for such facilities and
whether applications for preliminary permits (or licenses where no
preliminary permit has been issued) for such small power production
facilities utilizing new dams or diversions should be accepted by the
Commission after the moratorium period specified in subsection (e). The
report shall include such other administrative and legislative
recommendations as the Commission deems appropriate.
''(6) If the study under this subsection has not been completed
within 18 months after its initiation, the Commission shall notify the
Committees referred to in paragraph (4) of the reasons for the delay and
specify a date when it will be completed and a report submitted.''
Section 8(e) of Pub. L. 99-495 provided that: ''Notwithstanding the
amendments made by subsection (a) of this section (amending section
824a-3 of this title), in the case of a project for which a license or
exemption is issued after the enactment of this Act (Oct. 16, 1986),
section 210 of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 824a-3) shall not apply during the moratorium period if the
project utilizes a new dam or diversion (as defined in section 210(k) of
such Act) unless the project is either --
''(1) a project located at a Government dam (as defined in section
3(10) of the Federal Power Act (16 U.S.C. 796(10))) at which non-Federal
hydroelectric development is permissible, or
''(2) a project described in paragraphs (2), (3), or (4) of
subsection (b) (set out as a note above).
For purposes of this subsection, the term 'moratorium period' means
the period beginning on the date of the enactment of this Act and ending
at the expiration of the first full session of Congress after the
session during which the report under subsection (d) (set out as a note
above) has been submitted to the Congress.''
/1/ So in original. Probably should be followed by a comma.
/2/ So in original. Probably should be followed by a comma.
16 USC 824a-4. Seasonal diversity electricity exchange
TITLE 16 -- CONSERVATION
(a) Authority
The Secretary may acquire rights-of-way by purchase, including
eminent domain, through North Dakota, South Dakota, and Nebraska for
transmission facilities for the seasonal diversity exchange of electric
power to and from Canada if he determines --
(1) after opportunity for public hearing --
(A) that the exchange is in the public interest and would further the
purposes referred to in section 2611(1) and (2) of this title and that
the acquisition of such rights-of-way and the construction and operation
of such transmission facilities for such purposes is otherwise in the
public interest,
(B) that a permit has been issued in accordance with subsection (b)
of this section for such construction, operation, maintenance, and
connection of the facilities at the border for the transmission of
electric energy between the United States and Canada as is necessary for
such exchange of electric power, and
(C) that each affected State has approved the portion of the
transmission route located in each State in accordance with applicable
State law, or if there is no such applicable State law in such State,
the Governor has approved such portion; and
(2) after consultation with the Secretary of the Interior and the
heads of other affected Federal agencies, that the Secretary of the
Interior and the heads of such, /1/ other agencies concur in writing in
the location of such portion of the transmission facilities as crosses
Federal land under the jurisdiction of such Secretary or such other
Federal agency, as the case may be.
The Secretary shall provide to any State such cooperation and
technical assistance as the State may request and as he determines
appropriate in the selection of a transmission route. If the
transmission route approved by any State does not appear to be feasible
and in the public interest, the Secretary shall encourage such State to
review such route and to develop a route that is feasible and in the
public interest. Any exercise by the Secretary of the power of eminent
domain under this section shall be in accordance with other applicable
provisions of Federal law. The Secretary shall provide public notice of
his intention to acquire any right-of-way before exercising such power
of eminent domain with respect to such right-of-way.
(b) Permit
Notwithstanding any transfer of functions under the first sentence of
section 301(b) of the Department of Energy Organization Act (42 U.S.C.
7151(b)), no permit referred to in subsection (a)(1)(B) may be issued
unless the Commission has conducted hearings and made the findings
required under section 202(e) of the Federal Power Act (16 U.S.C.
824a(e)) and under the applicable execution order respecting the
construction, operation, maintenance, or connection at the borders of
the United States of facilities for the transmission of electric energy
between the United States and a foreign country. Any finding of the
Commission under an applicable executive order referred to in this
subsection shall be treated for purposes of judicial review as an order
issued under section 202(e) of the Federal Power Act.
(c) Timely acquisition by other means
The Secretary may not acquire any rights-of-day /2/ under this
section unless he determines that the holder or holders of a permit
referred to in subsection (a)(1)(B) of this section are unable to
acquire such rights-of-way under State condemnation authority, or after
reasonable opportunity for negotiation, without unreasonably delaying
construction, taking into consideration the impact of such delay on
completion of the facilities in a timely fashion.
(d) Payments by permittees
(1) The property interest acquired by the Secretary under this
section (whether by eminent domain or other purchase) shall be
transferred by the Secretary to the holder of a permit referred to in
subsection (b) of this section if such holder has made payment to the
Secretary of the entire costs of the acquisition of such property
interest, including administrative costs. The Secretary may accept, and
expend, for purposes of such acquisition, amounts from any such person
before acquiring a property interest to be transferred to such person
under this section.
(2) If no payment is made by a permit holder under paragraph (1),
within a reasonable time, the Secretary shall offer such rights-of-way
to the original owner for reacquisition at the original price paid by
the Secretary. If such original owner refuses to reacquire such
property after a reasonable period, the Secretary shall dispose of such
property in accordance with applicable provisions of law governing
disposal of property of the United States.
(e) Federal law governing Federal lands
This section shall not affect any Federal law governing Federal
lands.
(f) Reports
The Secretary shall report annually to the Congress on the actions,
if any, taken pursuant to this section.
(Pub. L. 95-617, title VI, 602, Nov. 9, 1978, 92 Stat. 3164.)
The Secretary, referred to in subsecs. (a), (c), (d), and (f), means
the Secretary of Energy. See section 2602(14) of this title.
The Commission, referred to in subsec. (b), means the Federal Energy
Regulatory Commission. See section 2602(3) of this title.
Section was enacted as part of the Public Utility Regulatory Policies
Act of 1978, and not as part of the Federal Power Act which generally
comprises this chapter.
/1/ So in original. Comma probably should be deleted.
/2/ So in original. Probably should be ''rights-of-way''.
16 USC 824b. Disposition of property; consolidations; purchase of
securities
TITLE 16 -- CONSERVATION
(a) Authorizations
No public utility shall sell, lease, or otherwise dispose of the
whole of its facilities subject to the jurisdiction of the Commission,
or any part thereof of a value in excess of $50,000, or by any means
whatsoever, directly or indirectly, merge or consolidate such facilities
or any part thereof with those of any other person, or purchase,
acquire, or take any security of any other public utility, without first
having secured an order of the Commission authorizing it to do so. Upon
application for such approval the Commission shall give reasonable
notice in writing to the Governor and State commission of each of the
States in which the physical property affected, or any part thereof, is
situated, and to such other persons as it may deem advisable. After
notice and opportunity for hearing, if the Commission finds that the
proposed disposition, consolidation, acquisition, or control will be
consistent with the public interest, it shall approve the same.
(b) Orders of Commission
The Commission may grant any application for an order under this
section in whole or in part and upon such terms and conditions as it
finds necessary or appropriate to secure the maintenance of adequate
service and the coordination in the public interest of facilities
subject to the jurisdiction of the Commission. The Commission may from
time to time for good cause shown make such orders supplemental to any
order made under this section as it may find necessary or appropriate.
(June 10, 1920, ch. 285, pt. II, 203, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 849.)
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 824c. Issuance of securities; assumption of liabilities
TITLE 16 -- CONSERVATION
(a) Authorization by Commission
No public utility shall issue any security, or assume any obligation
or liability as guarantor, indorser, surety, or otherwise in respect of
any security of another person, unless and until, and then only to the
extent that, upon application by the public utility, the Commission by
order authorizes such issue or assumption of liability. The Commission
shall make such order only if it finds that such issue or assumption (a)
is for some lawful object, within the corporate purposes of the
applicant and compatible with the public interest, which is necessary or
appropriate for or consistent with the proper performance by the
applicant of service as a public utility and which will not impair its
ability to perform that service, and (b) is reasonably necessary or
appropriate for such purposes. The provisions of this section shall be
effective six months after August 26, 1935.
(b) Application approval or modification; supplemental orders
The Commission, after opportunity for hearing, may grant any
application under this section in whole or in part, and with such
modifications and upon such terms and conditions as it may find
necessary or appropriate, and may from time to time, after opportunity
for hearing and for good cause shown, make such supplemental orders in
the premises as it may find necessary or appropriate, and may by any
such supplemental order modify the provisions of any previous order as
to the particular purposes, uses, and extent to which, or the conditions
under which, any security so theretofore authorized or the proceeds
thereof may be applied, subject always to the requirements of subsection
(a) of this section.
(c) Compliance with order of Commission
No public utility shall, without the consent of the Commission, apply
any security or any proceeds thereof to any purpose not specified in the
Commission's order, or supplemental order, or to any purpose in excess
of the amount allowed for such purpose in such order, or otherwise in
contravention of such order.
(d) Authorization of capitalization not to exceed amount paid
The Commission shall not authorize the capitalization of the right to
be a corporation or of any franchise, permit, or contract for
consolidation, merger, or lease in excess of the amount (exclusive of
any tax or annual charge) actually paid as the consideration for such
right, franchise, permit, or contract.
(e) Notes or drafts maturing less than one year after issuance
Subsection (a) of this section shall not apply to the issue or
renewal of, or assumption of liability on, a note or draft maturing not
more than one year after the date of such issue, renewal, or assumption
of liability, and aggregating (together with all other then outstanding
notes and drafts of a maturity of one year or less on which such public
utility is primarily or secondarily liable) not more than 5 per centum
of the par value of the other securities of the public utility then
outstanding. In the case of securities having no par value, the par
value for the purpose of this subsection shall be the fair market value
as of the date of issue. Within ten days after any such issue, renewal,
or assumption of liability, the public utility shall file with the
Commission a certificate of notification, in such form as may be
prescribed by the Commission, setting forth such matters as the
Commission shall by regulation require.
(f) Public utility securities regulated by State not affected
The provisions of this section shall not extend to a public utility
organized and operating in a State under the laws of which its security
issues are regulated by a State commission.
(g) Guarantee or obligation on part of United States
Nothing in this section shall be construed to imply any guarantee or
obligation on the part of the United States in respect of any securities
to which the provisions of this section relate.
(h) Filing duplicate reports with the Securities and Exchange
Commission
Any public utility whose security issues are approved by the
Commission under this section may file with the Securities and Exchange
Commission duplicate copies of reports filed with the Federal Power
Commission in lieu of the reports, information, and documents required
under sections 77g, 78l, and 78m of title 15.
(June 10, 1920, ch. 285, pt. II, 204, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 850.)
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Executive and administrative functions of Securities and Exchange
Commission, with certain exceptions, transferred to Chairman of such
Commission, with authority vested in him to authorize their performance
by any officer, employee, or administrative unit under his jurisdiction,
by Reorg. Plan No. 10 of 1950, 1, 2, eff. May 24, 1950, 15 F.R.
3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 824d. Rates and charges; schedules; suspension of new rates;
automatic adjustment clauses
TITLE 16 -- CONSERVATION
(a) Just and reasonable rates
All rates and charges made, demanded, or received by any public
utility for or in connection with the transmission or sale of electric
energy subject to the jurisdiction of the Commission, and all rules and
regulations affecting or pertaining to such rates or charges shall be
just and reasonable, and any such rate or charge that is not just and
reasonable is hereby declared to be unlawful.
(b) Preference or advantage unlawful
No public utility shall, with respect to any transmission or sale
subject to the jurisdiction of the Commission, (1) make or grant any
undue preference or advantage to any person or subject any person to any
undue prejudice or disadvantage, or (2) maintain any unreasonable
difference in rates, charges, service, facilities, or in any other
respect, either as between localities or as between classes of service.
(c) Schedules
Under such rules and regulations as the Commission may prescribe,
every public utility shall file with the Commission, within such time
and in such form as the Commission may designate, and shall keep open in
convenient form and place for public inspection schedules showing all
rates and charges for any transmission or sale subject to the
jurisdiction of the Commission, and the classifications, practices, and
regulations affecting such rates and charges, together with all
contracts which in any manner affect or relate to such rates, charges,
classifications, and services.
(d) Notice required for rate changes
Unless the Commission otherwise orders, no change shall be made by
any public utility in any such rate, charge, classification, or service,
or in any rule, regulation, or contract relating thereto, except after
sixty days' notice to the Commission and to the public. Such notice
shall be given by filing with the Commission and keeping open for public
inspection new schedules stating plainly the change or changes to be
made in the schedule or schedules then in force and the time when the
change or changes will go into effect. The Commission, for good cause
shown, may allow changes to take effect without requiring the sixty
days' notice herein provided for by an order specifying the changes so
to be made and the time when they shall take effect and the manner in
which they shall be filed and published.
(e) Suspension of new rates; hearings; five-month period
Whenever any such new schedule is filed the Commission shall have
authority, either upon complaint or upon its own initiative without
complaint, at once, and, if it so orders, without answer or formal
pleading by the public utility, but upon reasonable notice, to enter
upon a hearing concerning the lawfulness of such rate, charge,
classification, or service; and, pending such hearing and the decision
thereon, the Commission, upon filing with such schedules and delivering
to the public utility affected thereby a statement in writing of its
reasons for such suspension, may suspend the operation of such schedule
and defer the use of such rate, charge, classification, or service, but
not for a longer period than five months beyond the time when it would
otherwise go into effect; and after full hearings, either completed
before or after the rate, charge, classification, or service goes into
effect, the Commission may make such orders with reference thereto as
would be proper in a proceeding initiated after it had become effective.
If the proceeding has not been concluded and an order made at the
expiration of such five months, the proposed change of rate, charge,
classification, or service shall go into effect at the end of such
period, but in case of a proposed increased rate or charge, the
Commission may by order require the interested public utility or public
utilities to keep accurate account in detail of all amounts received by
reason of such increase, specifying by whom and in whose behalf such
amounts are paid, and upon completion of the hearing and decision may by
further order require such public utility or public utilities to refund,
with interest, to the persons in whose behalf such amounts were paid,
such portion of such increased rates or charges as by its decision shall
be found not justified. At any hearing involving a rate or charge
sought to be increased, the burden of proof to show that the increased
rate or charge is just and reasonable shall be upon the public utility,
and the Commission shall give to the hearing and decision of such
questions preference over other questions pending before it and decide
the same as speedily as possible.
(f) Review of automatic adjustment clauses and public utility
practices; action by Commission; ''automatic adjustment clause''
defined
(1) Not later than 2 years after November 9, 1978, and not less often
than every 4 years thereafter, the Commission shall make a thorough
review of automatic adjustment clauses in public utility rate schedules
to examine --
(A) whether or not each such clause effectively provides incentives
for efficient use of resources (including economical purchase and use of
fuel and electric energy), and
(B) whether any such clause reflects any costs other than costs which
are --
(i) subject to periodic fluctuations and
(ii) not susceptible to precise determinations in rate cases prior to
the time such costs are incurred.
Such review may take place in individual rate proceedings or in
generic or other separate proceedings applicable to one or more
utilities.
(2) Not less frequently than every 2 years, in rate proceedings or in
generic or other separate proceedings, the Commission shall review, with
respect to each public utility, practices under any automatic adjustment
clauses of such utility to insure efficient use of resources (including
economical purchase and use of fuel and electric energy) under such
clauses.
(3) The Commission may, on its own motion or upon complaint, after an
opportunity for an evidentiary hearing, order a public utility to --
(A) modify the terms and provisions of any automatic adjustment
clause, or
(B) cease any practice in connection with the clause,
if such clause or practice does not result in the economical purchase
and use of fuel, electric energy, or other items, the cost of which is
included in any rate schedule under an automatic adjustment clause.
(4) As used in this subsection, the term ''automatic adjustment
clause'' means a provision of a rate schedule which provides for
increases or decreases (or both), without prior hearing, in rates
reflecting increases or decreases (or both) in costs incurred by an
electric utility. Such term does not include any rate which takes
effect subject to refund and subject to a later determination of the
appropriate amount of such rate.
(June 10, 1920, ch. 285, pt. II, 205, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 851; amended Nov. 9, 1978, Pub. L.
95-617, title II, 207(a), 208, 92 Stat. 3142.)
1978 -- Subsec. (d). Pub. L. 95-617, 207(a), substituted ''sixty''
for ''thirty'' in two places.
Subsec. (f). Pub. L. 95-617, 208, added subsec. (f).
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Section 207(b) of Pub. L. 95-617 directed chairman of Federal Energy
Regulatory Commission, in consultation with Secretary, to conduct a
study of legal requirements and administrative procedures involved in
consideration and resolution of proposed wholesale electric rate
increases under Federal Power Act, section 791a et seq. of this title,
for purposes of providing for expeditious handling of hearings
consistent with due process, preventing imposition of successive rate
increases before they have been determined by Commission to be just and
reasonable and otherwise lawful, and improving procedures designed to
prohibit anticompetitive or unreasonable differences in wholesale and
retail rates, or both, and that chairman report to Congress within nine
months from Nov. 9, 1978, on results of study, on administrative
actions taken as a result of this study, and on any recommendations for
changes in existing law that will aid purposes of this section.
16 USC 824e. Power of Commission to fix rates and charges;
determination of cost of production or transmission
TITLE 16 -- CONSERVATION
(a) Unjust or preferential rates, etc.; statement of reasons for
changes; hearing; specification of issues
Whenever the Commission, after a hearing had upon its own motion or
upon complaint, shall find that any rate, charge, or classification,
demanded, observed, charged, or collected by any public utility for any
transmission or sale subject to the jurisdiction of the Commission, or
that any rule, regulation, practice, or contract affected such rate,
charge, or classification is unjust, unreasonable, unduly discriminatory
or preferential, the Commission shall determine the just and reasonable
rate, charge, classification, rule, regulation, practice, or contract to
be thereafter observed and in force, and shall fix the same by order.
Any complaint or motion of the Commission to initiate a proceeding under
this section shall state the change or changes to be made in the rate,
charge, classification, rule, regulation, practice, or contract then in
force, and the reasons for any proposed change or changes therein. If,
after review of any motion or complaint and answer, the Commission shall
decide to hold a hearing, it shall fix by order the time and place of
such hearing and shall specify the issues to be adjudicated.
(b) Refund effective date; preferential proceedings; statement of
reasons for delay; burden of proof; scope of refund order; refund
orders in cases of dilatory behavior; interest
Whenever the Commission institutes a proceeding under this section,
the Commission shall establish a refund effective date. In the case of
a proceeding instituted on complaint, the refund effective date shall
not be earlier than the date 60 days after the filing of such complaint
nor later than 5 months after the expiration of such 60-day period. In
the case of a proceeding instituted by the Commission on its own motion,
the refund effective date shall not be earlier than the date 60 days
after the publication by the Commission of notice of its intention to
initiate such proceeding nor later than 5 months after the expiration of
such 60-day period. Upon institution of a proceeding under this
section, the Commission shall give to the decision of such proceeding
the same preference as provided under section 824d of this title and
otherwise act as speedily as possible. If no final decision is rendered
by the refund effective date or by the conclusion of the 180-day period
commencing upon initiation of a proceeding pursuant to this section,
whichever is earlier, the Commission shall state the reasons why it has
failed to do so and shall state its best estimate as to when it
reasonably expects to make such decision. In any proceeding under this
section, the burden of proof to show that any rate, charge,
classification, rule, regulation, practice, or contract is unjust,
unreasonable, unduly discriminatory, or preferential shall be upon the
Commission or the complainant. At the conclusion of any proceeding
under this section, the Commission may order the public utility to make
refunds of any amounts paid, for the period subsequent to the refund
effective date through a date fifteen months after such refund effective
date, in excess of those which would have been paid under the just and
reasonable rate, charge, classification, rule, regulation, practice, or
contract which the Commission orders to be thereafter observed and in
force: Provided, That if the proceeding is not concluded within fifteen
months after the refund effective date and if the Commission determines
at the conclusion of the proceeding that the proceeding was not resolved
within the fifteen-month period primarily because of dilatory behavior
by the public utility, the Commission may order refunds of any or all
amounts paid for the period subsequent to the refund effective date and
prior to the conclusion of the proceeding. The refunds shall be made,
with interest, to those persons who have paid those rates or charges
which are the subject of the proceeding.
(c) Refund considerations; shifting costs; reduction in revenues;
''electric utility companies'' and ''registered holding company''
defined
Notwithstanding subsection (b) of this section, in a proceeding
commenced under this section involving two or more electric utility
companies of a registered holding company, refunds which might otherwise
be payable under subsection (b) of this section shall not be ordered to
the extent that such refunds would result from any portion of a
Commission order that (1) requires a decrease in system production or
transmission costs to be paid by one or more of such electric companies;
and (2) is based upon a determination that the amount of such decrease
should be paid through an increase in the costs to be paid by other
electric utility companies of such registered holding company:
Provided, That refunds, in whole or in part, may be ordered by the
Commission if it determines that the registered holding company would
not experience any reduction in revenues which results from an inability
of an electric utility company of the holding company to recover such
increase in costs for the period between the refund effective date and
the effective date of the Commission's order. For purposes of this
subsection, the terms ''electric utility companies'' and ''registered
holding company'' shall have the same meanings as provided in the Public
Utility Holding Company Act of 1935, as amended (15 U.S.C. 79 et seq.).
(d) Investigation of costs
The Commission upon its own motion, or upon the request of any State
commission whenever it can do so without prejudice to the efficient and
proper conduct of its affairs, may investigate and determine the cost of
the production or transmission of electric energy by means of facilities
under the jurisdiction of the Commission in cases where the Commission
has no authority to establish a rate governing the sale of such energy.
(June 10, 1920, ch. 285, pt. II, 206, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 852; amended Oct. 6, 1988, Pub. L.
100-473, 2, 102 Stat. 2299.)
The Public Utility Holding Company Act of 1935, referred to in
subsec. (c), is title I of act Aug. 26, 1935, ch. 687, 49 Stat. 838,
as amended, which is classified generally to chapter 2C ( 79 et seq.) of
Title 15, Commerce and Trade. The terms ''electric utility company''
and ''registered holding company'' are defined in section 79b(a)(3),
(12) of Title 15. For complete classification of this Act to the Code,
see section 79 of Title 15 and Tables.
1988 -- Subsec. (a). Pub. L. 100-473, 2(1), inserted provisions for
a statement of reasons for listed changes, hearings, and specification
of issues.
Subsecs. (b) to (d). Pub. L. 100-473, 2(2), added subsecs. (b) and
(c) and redesignated former subsec. (b) as (d).
Section 4 of Pub. L. 100-473 provided that: ''The amendments made
by this Act (amending this section) are not applicable to complaints
filed or motions initiated before the date of enactment of this Act
(Oct. 6, 1988) pursuant to section 206 of the Federal Power Act (this
section): Provided, however, That such complaints may be withdrawn and
refiled without prejudice.''
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Section 3 of Pub. L. 100-473 provided that: ''Nothing in subsection
(c) of section 206 of the Federal Power Act, as amended (16 U.S.C.
824e(c)) shall be interpreted to confer upon the Federal Energy
Regulatory Commission any authority not granted to it elsewhere in such
Act (16 U.S.C. 791a et seq.) to issue an order that (1) requires a
decrease in system production or transmission costs to be paid by one or
more electric utility companies of a registered holding company; and
(2) is based upon a determination that the amount of such decrease
should be paid through an increase in the costs to be paid by other
electric utility companies of such registered holding company. For
purposes of this section, the terms 'electric utility companies' and
'registered holding company' shall have the same meanings as provided in
the Public Utility Holding Company Act of 1935, as amended (15 U.S.C. 79
et seq.).''
Section 5 of Pub. L. 100-473 directed that, no earlier than three
years and no later than four years after Oct. 6, 1988, Federal Energy
Regulatory Commission perform a study of effect of amendments to this
section, analyzing (1) impact, if any, of such amendments on cost of
capital paid by public utilities, (2) any change in average time taken
to resolve proceedings under this section, and (3) such other matters as
Commission may deem appropriate in public interest, with study to be
sent to Committee on Energy and Natural Resources of Senate and
Committee on Energy and Commerce of House of Representatives.
16 USC 824f. Ordering furnishing of adequate service
TITLE 16 -- CONSERVATION
Whenever the Commission, upon complaint of a State commission, after
notice to each State commission and public utility affected and after
opportunity for hearing, shall find that any interstate service of any
public utility is inadequate or insufficient, the Commission shall
determine the proper, adequate, or sufficient service to be furnished,
and shall fix the same by its order, rule, or regulation: Provided,
That the Commission shall have no authority to compel the enlargement of
generating facilities for such purposes, nor to compel the public
utility to sell or exchange energy when to do so would impair its
ability to render adequate service to its customers.
(June 10, 1920, ch. 285, pt. II, 207, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 853.)
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 824g. Ascertainment of cost of property and depreciation
TITLE 16 -- CONSERVATION
(a) Investigation of property costs
The Commission may investigate and ascertain the actual legitimate
cost of the property of every public utility, the depreciation therein,
and, when found necessary for rate-making purposes, other facts which
bear on the determination of such cost or depreciation, and the fair
value of such property.
(b) Request for inventory and cost statements
Every public utility upon request shall file with the Commission on
inventory of all or any part of its property and a statement of the
original cost thereof, and shall keep the Commission informed regarding
the cost of all additions, betterments, extensions, and new
construction.
(June 10, 1920, ch. 285, pt. II, 208, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 853.)
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 824h. References to State boards by Commission
TITLE 16 -- CONSERVATION
(a) Composition of boards; force and effect of proceedings
The Commission may refer any matter arising in the administration of
this subchapter to a board to be composed of a member or members, as
determined by the Commission, from the State or each of the States
affected or to be affected by such matter. Any such board shall be
vested with the same power and be subject to the same duties and
liabilities as in the case of a member of the Commission when designated
by the Commission to hold any hearings. The action of such board shall
have such force and effect and its proceedings shall be conducted in
such manner as the Commission shall by regulations prescribe. The board
shall be appointed by the Commission from persons nominated by the State
commission of each State affected or by the Governor of such State if
there is no State commission. Each State affected shall be entitled to
the same number of representatives on the board unless the nominating
power of such State waives such right. The Commission shall have
discretion to reject the nominee from any State, but shall thereupon
invite a new nomination from that State. The members of a board shall
receive such allowances for expenses as the Commission shall provide.
The Commission may, when in its discretion sufficient reason exists
therefor, revoke any reference to such a board.
(b) Cooperation with the State commissions
The Commission may confer with any State commission regarding the
relationship between rate structures, costs, accounts, charges,
practices, classifications, and regulations of public utilities subject
to the jurisdiction of such State commission and of the Commission; and
the Commission is authorized, under such rules and regulations as it
shall prescribe, to hold joint hearings with any State commission in
connection with any matter with respect to which the Commission is
authorized to act. The Commission is authorized in the administration
of this chapter to avail itself of such cooperation, services, records,
and facilities as may be afforded by any State commission.
(c) Availability of information and reports to State commissions;
Commission experts
The Commission shall make available to the several State commissions
such information and reports as may be of assistance in State regulation
of public utilities. Whenever the Commission can do so without
prejudice to the efficient and proper conduct of its affairs, it may
upon request from a State make available to such State as witnesses any
of its trained rate, valuation, or other experts, subject to
reimbursement to the Commission by such State of the compensation and
traveling expenses of such witnesses. All sums collected hereunder
shall be credited to the appropriation from which the amounts were
expended in carrying out the provisions of this subsection.
(June 10, 1920, ch. 285, pt. II, 209, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 853.)
Federal Power Commission terminated and its functions with regard to
establishment, review, and enforcement of rates and charges for
transmission or sale of electric energy, including determinations on
construction work in progress under this subchapter transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(B) and 7293
of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 824i. Interconnection authority
TITLE 16 -- CONSERVATION
(a) Powers of Commission; application by State regulatory authority
(1) Upon application of any electric utility, Federal power marketing
agency, geothermal power producer (including a producer which is not an
electric utility), qualifying cogenerator, or qualifying small power
producer, the Commission may issue an order requiring --
(A) the physical connection of any cogeneration facility, any small
power production facility, or the transmission facilities of any
electric utility, with the facilities of such applicant,
(B) such action as may be necessary to make effective any physical
connection described in subparagraph (A), which physical connection is
ineffective for any reason, such as inadequate size, poor maintenance,
or physical unreliability,
(C) such sale or exchange of electric energy or other coordination,
as may be necessary to carry out the purposes of any order under
subparagraph (A) or (B), or
(D) such increase in transmission capacity as may be necessary to
carry out the purposes of any order under subparagraph (A) or (B).
(2) Any State regulatory authority may apply to the Commission for an
order for any action referred to in subparagraph (A), (B), (C), or (D)
of paragraph (1). No such order may be issued by the Commission with
respect to a Federal power marketing agency upon application of a State
regulatory authority.
(b) Notice, hearing and determination by Commission
Upon receipt of an application under subsection (a) of this section,
the Commission shall --
(1) issue notice to each affected State regulatory authority, each
affected electric utility, each affected Federal power marketing agency,
each affected owner or operator of a cogeneration facility or of a small
power production facility, and to the public.
(2) afford an opportunity for an evidentiary hearing, and
(3) make a determination with respect to the matters referred to in
subsection (c) of this section.
(c) Necessary findings
No order may be issued by the Commission under subsection (a) of this
section unless the Commission determines that such order --
(1) is in the public interest,
(2) would --
(A) encourage overall conservation of energy or capital,
(B) optimize the efficiency of use of facilities and resources, or
(C) improve the reliability of any electric utility system or Federal
power marketing agency to which the order applies, and
(3) meets the requirements of section 824k of this title.
(d) Motion of Commission
The Commission may, on its own motion, after compliance with the
requirements of paragraphs (1) and (2) of subsection (b) of this
section, issue an order requiring any action described in subsection
(a)(1) of this section if the Commission determines that such order
meets the requirements of subsection (c) of this section. No such order
may be issued upon the Commission's own motion with respect to a Federal
power marketing agency.
(e) Definitions
(1) As used in this section, the term ''facilities'' means only
facilities used for the generation or transmission of electric energy.
(2) With respect to an order issued pursuant to an application of a
qualifying cogenerator or qualifying small power producer under
subsection (a)(1) of this section, the term ''facilities of such
applicant'' means the qualifying cogeneration facilities or qualifying
small power production facilities of the applicant, as specified in the
application. With respect to an order issued pursuant to an application
under subsection (a)(2) of this section, the term ''facilities of such
applicant'' means the qualifying cogeneration facilities, qualifying
small power production facilities, or the transmission facilities of an
electric utility, as specified in the application. With respect to an
order issued by the Commission on its own motion under subsection (d) of
this section, such term means the qualifying cogeneration facilities,
qualifying small power production facilities, or the transmission
facilities of an electric utility, as specified in the proposed order.
(June 10, 1920, ch. 285, pt. II, 210, as added Pub. L. 95-617, title
II, 202, Nov. 9, 1978, 92 Stat. 3135; amended June 30, 1980, Pub. L.
96-294, title VI, 643(a)(2), 94 Stat. 770.)
1980 -- Subsec. (a)(1). Pub. L. 96-294 added applicability to
geothermal power producers.
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
For provisions requiring the Federal Energy Regulatory Commission to
conduct a study and report to Congress on whether the benefits of this
section and section 824a-3 of this title should be applied to
hydroelectric power facilities utilizing new dams or diversions, within
the meaning of section 824a-3(k) of this title, see section 8(d) of Pub.
L. 99-495, set out as a note under section 824a-3 of this title.
16 USC 824j. Wheeling authority
TITLE 16 -- CONSERVATION
(a) Transmission service by any electric utility; notice, hearing
and findings by Commission
Any electric utility, Federal power marketing agency, or any other
person generating electric energy for sale for resale, may apply to the
Commission for an order under this subsection requiring a transmitting
utility to provide transmission services (including any enlargement of
transmission capacity necessary to provide such services) to the
applicant. Upon receipt of such application, after public notice and
notice to each affected State regulatory authority, each affected
electric utility, and each affected Federal power marketing agency, and
after affording an opportunity for an evidentiary hearing, the
Commission may issue such order if it finds that such order meets the
requirements of section 824k of this title, and would otherwise be in
the public interest. No order may be issued under this subsection
unless the applicant has made a request for transmission services to the
transmitting utility that would be the subject of such order at least 60
days prior to its filing of an application for such order.
(b) Reliability of electric service
No order may be issued under this section or section 824i of this
title if, after giving consideration to consistently applied regional or
national reliability standards, guidelines, or criteria, the Commission
finds that such order would unreasonably impair the continued
reliability of electric systems affected by the order.
(c) Replacement of electric energy
(1) Repealed. Pub. L. 102-486, title VII, 721(4)(A), Oct. 24,
1992, 106 Stat. 2915.
(2) No order may be issued under subsection (a) or (b) of this
section which requires the transmitting utility subject to the order to
transmit, during any period, an amount of electric energy which replaces
any amount of electric energy --
(A) required to be provided to such applicant pursuant to a contract
during such period, or
(B) currently provided to the applicant by the utility subject to the
order pursuant to a rate schedule on file during such period with the
Commission: Provided, That nothing in this subparagraph shall prevent
an application for an order hereunder to be filed prior to termination
of /1/ modification of an existing rate schedule: Provided, That such
order shall not become effective until termination of such rate schedule
or the modification becomes effective.
(d) Termination or modification of order; notice, hearing and
findings of Commission; contents of order; inclusion in order of terms
and conditions agreed upon by parties
(1) Any transmitting utility ordered under subsection (a) or (b) of
this section to provide transmission services may apply to the
Commission for an order permitting such transmitting utility to cease
providing all, or any portion of, such services. After public notice,
notice to each affected State regulatory authority, each affected
Federal power marketing agency, each affected transmitting utility, and
each affected electric utility, and after an opportunity for an
evidentiary hearing, the Commission shall issue an order terminating or
modifying the order issued under subsection (a) or (b) of this section,
if the electric utility providing such transmission services has
demonstrated, and the Commission has found, that --
(A) due to changed circumstances, the requirements applicable, under
this section and section 824k of this title, to the issuance of an order
under subsection (a) or (b) of this section are no longer met, or /2/
(B) any transmission capacity of the utility providing transmission
services under such order which was, at the time such order was issued,
in excess of the capacity necessary to serve its own customers is no
longer in excess of the capacity necessary for such purposes, or
(C) the ordered transmission services require enlargement of
transmission capacity and the transmitting utility subject to the order
has failed, after making a good faith effort, to obtain the necessary
approvals or property rights under applicable Federal, State, and local
laws.
No order shall be issued under this subsection pursuant to a finding
under subparagraph (A) unless the Commission finds that such order is in
the public interest.
(2) Any order issued under this subsection terminating or modifying
an order issued under subsection (a) or (b) of this section shall --
(A) provide for any appropriate compensation, and
(B) provide the affected electric utilities adequate opportunity and
time to --
(i) make suitable alternative arrangements for any transmission
services terminated or modified, and
(ii) insure that the interests of ratepayers of such utilities are
adequately protected.
(3) No order may be issued under this subsection terminating or
modifying any order issued under subsection (a) or (b) of this section
if the order under subsection (a) or (b) of this section includes terms
and conditions agreed upon by the parties which --
(A) fix a period during which transmission services are to be
provided under the order under subsection (a) or (b) of this section, or
(B) otherwise provide procedures or methods for terminating or
modifying such order (including, if appropriate, the return of the
transmission capacity when necessary to take into account an increase,
after the issuance of such order, in the needs of the transmitting
utility subject to such order for transmission capacity).
(e) ''Facilities'' defined
As used in this section, the term ''facilities'' means only
facilities used for the generation or transmission of electric energy.
(June 10, 1920, ch. 285, pt. II, 211, as added Pub. L. 95-617, title
II, 203, Nov. 9, 1978, 92 Stat. 3136; amended June 30, 1980, Pub. L.
96-294, title VI, 643(a)(3), 94 Stat. 770; Oct. 16, 1986, Pub. L.
99-495, 15, 100 Stat. 1257; Oct. 24, 1992, Pub. L. 102-486, title VII,
721, 106 Stat. 2915.)
1992 -- Subsec. (a). Pub. L. 102-486, 721(1), amended first
sentence generally. Prior to amendment, first sentence read as follows:
''Any electric utility, geothermal power producer (including a producer
which is not an electric utility), or Federal power marketing agency may
apply to the Commission for an order under this subsection requiring any
other electric utility to provide transmission services to the applicant
(including any enlargement of transmission capacity necessary to provide
such services).''
Pub. L. 102-486, 721(2), in second sentence, substituted ''the
Commission may issue such order if it finds that such order meets the
requirements of section 824k of this title, and would otherwise be in
the public interest. No order may be issued under this subsection
unless the applicant has made a request for transmission services to the
transmitting utility that would be the subject of such order at least 60
days prior to its filing of an application for such order.'' for ''the
Commission may issue such order if it finds that such order --
''(1) is in the public interest,
''(2) would --
''(A) conserve a significant amount of energy,
''(B) significantly promote the efficient use of facilities and
resources, or
''(C) improve the reliability of any electric utility system to which
the order applies, and
''(3) meets the requirements of section 824k of this title.''
Subsec. (b). Pub. L. 102-486, 721(3), amended subsec. (b)
generally, substituting provisions relating to reliability of electric
service for provisions which related to transmission service by sellers
of electric energy for resale and notice, hearing, and determinations by
Commission.
Subsec. (c). Pub. L. 102-486, 721(4), struck out pars. (1), (3),
and (4), and substituted ''which requires the transmitting'' for ''which
requires the electric'' in introductory provisions of par. (2). Prior
to amendment, pars. (1), (3), and (4) read as follows:
''(1) No order may be issued under subsection (a) of this section
unless the Commission determines that such order would reasonably
preserve existing competitive relationships.
''(3) No order may be issued under the authority of subsection (a) or
(b) of this section which is inconsistent with any State law which
governs the retail marketing areas of electric utilities.
''(4) No order may be issued under subsection (a) or (b) of this
section which provides for the transmission of electric energy directly
to an ultimate consumer.''
Subsec. (d). Pub. L. 102-486, 721(5), in first sentence substituted
''transmitting'' for ''electric'' before ''utility'' in two places, in
second sentence inserted ''each affected transmitting utility,'' before
''and each affected electric utility'', in par. (1) substituted '',
or'' for period at end of subpar. (B) and added subpar. (C), and in
par. (3)(B) substituted ''transmitting'' for ''electric'' before
''utility''.
1986 -- Subsec. (c)(2)(B). Pub. L. 99-495 inserted provisions that
nothing in this subparagraph shall prevent an application for an order
hereunder to be filed prior to termination or modification of an
existing rate schedule, provided that such order shall not become
effective until termination of such rate schedule or the modification
becomes effective.
1980 -- Subsec. (a). Pub. L. 96-294 added applicability to
geothermal power producers.
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
section 142.
/1/ So in original. Probably should be ''or''.
/2/ So in original. The word ''or'' probably should not appear.
16 USC 824k. Orders requiring interconnection or wheeling
TITLE 16 -- CONSERVATION
(a) Rates, charges, terms, and conditions for wholesale transmission
services
An order under section 824j of this title shall require the
transmitting utility subject to the order to provide wholesale
transmission services at rates, charges, terms, and conditions which
permit the recovery by such utility of all the costs incurred in
connection with the transmission services and necessary associated
services, including, but not limited to, an appropriate share, if any,
of legitimate, verifiable and economic costs, including taking into
account any benefits to the transmission system of providing the
transmission service, and the costs of any enlargement of transmission
facilities. Such rates, charges, terms, and conditions shall promote
the economically efficient transmission and generation of electricity
and shall be just and reasonable, and not unduly discriminatory or
preferential. Rates, charges, terms, and conditions for transmission
services provided pursuant to an order under section 824j of this title
shall ensure that, to the extent practicable, costs incurred in
providing the wholesale transmission services, and properly allocable to
the provision of such services, are recovered from the applicant for
such order and not from a transmitting utility's existing wholesale,
retail, and transmission customers.
(b) Repealed. Pub. L. 102-486, title VII, 722(1), Oct. 24, 1992,
106 Stat. 2916
(c) Issuance of proposed order; agreement by parties to terms and
conditions of order; approval by Commission; inclusion in final order;
failure to agree
(1) Before issuing an order under section 824i of this title or
subsection (a) or (b) of section 824j of this title, the Commission
shall issue a proposed order and set a reasonable time for parties to
the proposed interconnection or transmission order to agree to terms and
conditions under which such order is to be carried out, including the
apportionment of costs between them and the compensation or
reimbursement reasonably due to any of them. Such proposed order shall
not be reviewable or enforceable in any court. The time set for such
parties to agree to such terms and conditions may be shortened if the
Commission determines that delay would jeopardize the attainment of the
purposes of any proposed order. Any terms and conditions agreed to by
the parties shall be subject to the approval of the Commission.
(2)(A) If the parties agree as provided in paragraph (1) within the
time set by the Commission and the Commission approves such agreement,
the terms and conditions shall be included in the final order. In the
case of an order under section 824i of this title, if the parties fail
to agree within the time set by the Commission or if the Commission does
not approve any such agreement, the Commission shall prescribe such
terms and conditions and include such terms and conditions in the final
order.
(B) In the case of any order applied for under section 824j of this
title, if the parties fail to agree within the time set by the
Commission, the Commission shall prescribe such terms and conditions in
the final order.
(d) Statement of reasons for denial
If the Commission does not issue any order applied for under section
824i or 824j of this title, the Commission shall, by order, deny such
application and state the reasons for such denial.
(e) Savings provisions
(1) No provision of section 824i, 824j, 824m of this title, or this
section shall be treated as requiring any person to utilize the
authority of any such section in lieu of any other authority of law.
Except as provided in section 824i, 824j, 824m of this title, or this
section, such sections shall not be construed as limiting or impairing
any authority of the Commission under any other provision of law.
(2) Sections 824i, 824j, 824l, 824m of this title, and this section,
shall not be construed to modify, impair, or supersede the antitrust
laws. For purposes of this section, the term ''antitrust laws'' has the
meaning given in subsection (a) of the first sentence of section 12 of
title 15, except that such term includes section 45 of title 15 to the
extent that such section relates to unfair methods of competition.
(f) Effective date of order; hearing; notice; review
(1) No order under section 824i or 824j of this title requiring the
Tennessee Valley Authority (hereinafter in this subsection referred to
as the ''TVA'') to take any action shall take effect for 60 days
following the date of issuance of the order. Within 60 days following
the issuance by the Commission of any order under section 824i or of
section 824j of this title requiring the TVA to enter into any contract
for the sale or delivery of power, the Commission may on its own motion
initiate, or upon petition of any aggrieved person shall initiate, an
evidentiary hearing to determine whether or not such sale or delivery
would result in violation of the third sentence of section 15d(a) of the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4), hereinafter
in this subsection referred to as the TVA Act (16 U.S.C. 831 et seq.).
(2) Upon initiation of any evidentiary hearing under paragraph (1),
the Commission shall give notice thereof to any applicant who applied
for and obtained the order from the Commission, to any electric utility
or other entity subject to such order, and to the public, and shall
promptly make the determination referred to in paragraph (1). Upon
initiation of such hearing, the Commission shall stay the effectiveness
of the order under section 824i or 824j of this title until whichever of
the following dates is applicable --
(A) the date on which there is a final determination (including any
judicial review thereof under paragraph (3)) that no such violation
would result from such order, or
(B) the date on which a specific authorization of the Congress
(within the meaning of the third sentence of section 15d(a) of the TVA
Act (16 U.S.C. 831n-4(a))) takes effect.
(3) Any determination under paragraph (1) shall be reviewable only in
the appropriate court of the United States upon petition filed by any
aggrieved person or municipality within 60 days after such
determination, and such court shall have jurisdiction to grant
appropriate relief. Any applicant who applied for and obtained the
order under section 824i or 824j of this title, and any electric utility
or other entity subject to such order shall have the right to intervene
in any such proceeding in such court. Except for review by such court
(and any appeal or other review by an appellate court of the United
States), no court shall have jurisdiction to consider any action brought
by any person to enjoin the carrying out of any order of the Commission
under section 824i or section 824j of this title requiring the TVA to
take any action on the grounds that such action requires a specific
authorization of the Congress pursuant to the third sentence of section
15d(a) of the TVA Act (16 U.S.C. 831n-4(a)).
(g) Prohibition on orders inconsistent with retail marketing areas
No order may be issued under this chapter which is inconsistent with
any State law which governs the retail marketing areas of electric
utilities.
(h) Prohibition on mandatory retail wheeling and sham wholesale
transactions
No order issued under this chapter shall be conditioned upon or
require the transmission of electric energy:
(1) directly to an ultimate consumer, or
(2) to, or for the benefit of, an entity if such electric energy
would be sold by such entity directly to an ultimate consumer, unless:
(A) such entity is a Federal power marketing agency; the Tennessee
Valley Authority; a State or any political subdivision of a State (or
an agency, authority, or instrumentality of a State or a political
subdivision); a corporation or association that has ever received a
loan for the purposes of providing electric service from the
Administrator of the Rural Electrification Administration under the
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.); a person
having an obligation arising under State or local law (exclusive of an
obligation arising solely from a contract entered into by such person)
to provide electric service to the public; or any corporation or
association which is wholly owned, directly or indirectly, by any one or
more of the foregoing; and
(B) such entity was providing electric service to such ultimate
consumer on October 24, 1992, or would utilize transmission or
distribution facilities that it owns or controls to deliver all such
electric energy to such electric consumer.
Nothing in this subsection shall affect any authority of any State or
local government under State law concerning the transmission of electric
energy directly to an ultimate consumer.
(i) Laws applicable to Federal Columbia River Transmission System
(1) The Commission shall have authority pursuant to section 824i of
this title, section 824j of this title, this section, and section 824l
of this title to (A) order the Administrator of the Bonneville Power
Administration to provide transmission service and (B) establish the
terms and conditions of such service. In applying such sections to the
Federal Columbia River Transmission System, the Commission shall assure
that --
(i) the provisions of otherwise applicable Federal laws shall
continue in full force and effect and shall continue to be applicable to
the system; and
(ii) the rates for the transmission of electric power on the system
shall be governed only by such otherwise applicable provisions of law
and not by any provision of section 824i of this title, section 824j of
this title, this section, or section 824l of this title, except that no
rate for the transmission of power on the system shall be unjust,
unreasonable, or unduly discriminatory or preferential, as determined by
the Commission.
(2) Notwithstanding any other provision of this chapter with respect
to the procedures for the determination of terms and conditions for
transmission service --
(A) when the Administrator of the Bonneville Power Administration
either (i) in response to a written request for specific transmission
service terms and conditions does not offer the requested terms and
conditions, or (ii) proposes to establish terms and conditions of
general applicability for transmission service on the Federal Columbia
River Transmission System, then the Administrator may provide
opportunity for a hearing and, in so doing, shall --
(I) give notice in the Federal Register and state in such notice the
written explanation of the reasons why the specific terms and conditions
for transmission services are not being offered or are being proposed;
(II) adhere to the procedural requirements of paragraphs (1) through
(3) of section 839e(i) of this title, except that the hearing officer
shall, unless the hearing officer becomes unavailable to the agency,
make a recommended decision to the Administrator that states the hearing
officer's findings and conclusions, and the reasons or basis thereof, on
all material issues of fact, law, or discretion presented on the record;
and
(III) make a determination, setting forth the reasons for reaching
any findings and conclusions which may differ from those of the hearing
officer, based on the hearing record, consideration of the hearing
officer's recommended decision, section 824j of this title and this
section, as amended by the Energy Policy Act of 1992, and the provisions
of law as preserved in this section; and
(B) if application is made to the Commission under section 824j of
this title for transmission service under terms and conditions different
than those offered by the Administrator, or following the denial of a
request for transmission service by the Administrator, and such
application is filed within 60 days of the Administrator's final
determination and in accordance with Commission procedures, the
Commission shall --
(i) in the event the Administrator has conducted a hearing as herein
provided for (I) accord parties to the Administrator's hearing the
opportunity to offer for the Commission record materials excluded by the
Administrator from the hearing record, (II) accord such parties the
opportunity to submit for the Commission record comments on appropriate
terms and conditions, (III) afford those parties the opportunity for a
hearing if and to the extent that the Commission finds the
Administrator's hearing record to be inadequate to support a decision by
the Commission, and (IV) establish terms and conditions for or deny
transmission service based on the Administrator's hearing record, the
Commission record, section 824j of this title and this section, as
amended by the Energy Policy Act of 1992, and the provisions of law as
preserved in this section, or
(ii) in the event the Administrator has not conducted a hearing as
herein provided for, determine whether to issue an order for
transmission service in accordance with section 824j of this title and
this section, including providing the opportunity for a hearing.
(3) Notwithstanding those provisions of section 825l(b) of this title
which designate the court in which review may be obtained, any party to
a proceeding concerning transmission service sought to be furnished by
the Administrator of the Bonneville Power Administration seeking review
of an order issued by the Commission in such proceeding shall obtain a
review of such order in the United States Court of Appeals for the
Pacific Northwest, as that region is defined by section 839a(14) of this
title.
(4) To the extent the Administrator of the Bonneville Power
Administration cannot be required under section 824j of this title, as a
result of the Administrator's other statutory mandates, either to (A)
provide transmission service to an applicant which the Commission would
otherwise order, or (B) provide such service under rates, terms, and
conditions which the Commission would otherwise require, the applicant
shall not be required to provide similar transmission services to the
Administrator or to provide such services under similar rates, terms,
and conditions.
(5) The Commission shall not issue any order under section 824i of
this title, section 824j of this title, this section, or section 824l of
this title requiring the Administrator of the Bonneville Power
Administration to provide transmission service if such an order would
impair the Administrator's ability to provide such transmission service
to the Administrator's power and transmission customers in the Pacific
Northwest, as that region is defined in section 839a(14) of this title,
as is needed to assure adequate and reliable service to loads in that
region.
(j) Equitability within territory restricted electric systems
With respect to an electric utility which is prohibited by Federal
law from being a source of power supply, either directly or through a
distributor of its electric energy, outside an area set forth in such
law, no order issued under section 824j of this title may require such
electric utility (or a distributor of such electric utility) to provide
transmission services to another entity if the electric energy to be
transmitted will be consumed within the area set forth in such Federal
law, unless the order is in furtherance of a sale of electric energy to
that electric utility: Provided, however, That the foregoing provision
shall not apply to any area served at retail by an electric transmission
system which was such a distributor on October 24, 1992, and which
before October 1, 1991, gave its notice of termination under its power
supply contract with such electric utility.
(k) ERCOT utilities
(1) Rates
Any order under section 824j of this title requiring provision of
transmission services in whole or in part within ERCOT shall provide
that any ERCOT utility which is not a public utility and the
transmission facilities of which are actually used for such transmission
service is entitled to receive compensation based, insofar as
practicable and consistent with subsection (a) of this section, on the
transmission ratemaking methodology used by the Public Utility
Commission of Texas.
(2) Definitions
For purposes of this subsection --
(A) the term ''ERCOT'' means the Electric Reliability Council of
Texas; and
(B) the term ''ERCOT utility'' means a transmitting utility which is
a member of ERCOT.
(June 10, 1920, ch. 285, pt. II, 212, as added Pub. L. 95-617, title
II, 204(a), Nov. 9, 1978, 92 Stat. 3138; amended Oct. 24, 1992, Pub.
L. 102-486, title VII, 722, 106 Stat. 2916.)
The TVA Act, referred to in subsec. (f)(1), means act May 18, 1933,
ch. 32, 48 Stat. 58, as amended, known as the Tennessee Valley
Authority Act of 1933, which is classified generally to chapter 12A (
831 et seq.) of this title. For complete classification of this Act to
the Code, see section 831 of this title and Tables.
The Rural Electrification Act of 1936, referred to in subsec.
(h)(2)(A), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended,
which is classified generally to chapter 31 ( 901 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
section 901 of Title 7 and Tables.
The Energy Policy Act of 1992, referred to in subsec.
(i)(2)(A)(III), (B)(i), is Pub. L. 102-486, Oct. 24, 1992, 106 Stat.
2776. For complete classification of this Act to the Code, see Short
Title note set out under section 13201 of Title 42, The Public Health
and Welfare and Tables.
1992 -- Subsec. (a). Pub. L. 102-486, 722(1), added subsec. (a)
and struck out former subsec. (a) which related to determinations by
Commission.
Subsec. (b). Pub. L. 102-486, 722(1), struck out subsec. (b) which
required applicants for orders to be ready, willing, and able to
reimburse parties subject to such orders.
Subsec. (e). Pub. L. 102-486, 722(2), amended subsec. (e)
generally. Prior to amendment, subsec. (e) related to utilization of
interconnection or wheeling authority in lieu of other authority and
limitation of Commission authority.
Subsecs. (g) to (k). Pub. L. 102-486, 722(3), added subsecs. (g)
to (k).
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
16 USC 824l. Information requirements
TITLE 16 -- CONSERVATION
(a) Requests for wholesale transmission services
Whenever any electric utility, Federal power marketing agency, or any
other person generating electric energy for sale for resale makes a good
faith request to a transmitting utility to provide wholesale
transmission services and requests specific rates and charges, and other
terms and conditions, unless the transmitting utility agrees to provide
such services at rates, charges, terms and conditions acceptable to such
person, the transmitting utility shall, within 60 days of its receipt of
the request, or other mutually agreed upon period, provide such person
with a detailed written explanation, with specific reference to the
facts and circumstances of the request, stating (1) the transmitting
utility's basis for the proposed rates, charges, terms, and conditions
for such services, and (2) its analysis of any physical or other
constraints affecting the provision of such services.
(b) Transmission capacity and constraints
Not later than 1 year after October 24, 1992, the Commission shall
promulgate a rule requiring that information be submitted annually to
the Commission by transmitting utilities which is adequate to inform
potential transmission customers, State regulatory authorities, and the
public of potentially available transmission capacity and known
constraints.
(June 10, 1920, ch. 285, pt. II, 213, as added Oct. 24, 1992, Pub.
L. 102-486, title VII, 723, 106 Stat. 2919.)
Nothing in this section to be construed as affecting or intending to
affect, or in any way to interfere with, authority of any State or local
government relating to environmental protection or siting of facilities,
see section 731 of Pub. L. 102-486, set out as a note under section 79
of Title 15, Commerce and Trade.
16 USC 824m. Sales by exempt wholesale generators
TITLE 16 -- CONSERVATION
No rate or charge received by an exempt wholesale generator for the
sale of electric energy shall be lawful under section 824d of this title
if, after notice and opportunity for hearing, the Commission finds that
such rate or charge results from the receipt of any undue preference or
advantage from an electric utility which is an associate company or an
affiliate of the exempt wholesale generator. For purposes of this
section, the terms ''associate company'' and ''affiliate'' shall have
the same meaning as provided in section 79b(a) of title 15.
(June 10, 1920, ch. 285, pt. II, 214, as added Oct. 24, 1992, Pub.
L. 102-486, title VII, 724, 106 Stat. 2920.)
Nothing in this section to be construed as affecting or intending to
affect, or in any way to interfere with, authority of any State or local
government relating to environmental protection or siting of facilities,
see section 731 of Pub. L. 102-486, set out as a note under section 79
of Title 15, Commerce and Trade.
16 USC SUBCHAPTER III -- LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
TITLE 16 -- CONSERVATION
16 USC 825. Accounts and records
TITLE 16 -- CONSERVATION
(a) Duty to keep
Every licensee and public utility shall make, keep, and preserve for
such periods, such accounts, records of cost-accounting procedures,
correspondence, memoranda, papers, books, and other records as the
Commission may by rules and regulations prescribe as necessary or
appropriate for purposes of the administration of this chapter,
including accounts, records, and memoranda of the generation,
transmission, distribution, delivery, or sale of electric energy, the
furnishing of services or facilities in connection therewith, and
receipts and expenditures with respect to any of the foregoing:
Provided, however, That nothing in this chapter shall relieve any public
utility from keeping any accounts, memoranda, or records which such
public utility may be required to keep by or under authority of the laws
of any State. The Commission may prescribe a system of accounts to be
kept by licensees and public utilities and may classify such licensees
and public utilities and prescribe a system of accounts for each class.
The Commission, after notice and opportunity for hearing, may determine
by order the accounts in which particular outlays and receipts shall be
entered, charged, or credited. The burden of proof to justify every
accounting entry questioned by the Commission shall be on the person
making, authorizing, or requiring such entry, and the Commission may
suspend a charge or credit pending submission of satisfactory proof in
support thereof.
(b) Access to and examination by the Commission
The Commission shall at all times have access to and the right to
inspect and examine all accounts, records, and memoranda of licensees
and public utilities, and it shall be the duty of such licensees and
public utilities to furnish to the Commission, within such reasonable
time as the Commission may order, any information with respect thereto
which the Commission may by order require, including copies of maps,
contracts, reports of engineers, and other data, records, and papers,
and to grant to all agents of the Commission free access to its property
and its accounts, records, and memoranda when requested so to do. No
member, officer, or employee of the Commission shall divulge any fact or
information which may come to his knowledge during the course of
examination of books or other accounts, as hereinbefore provided, except
insofar as he may be directed by the Commission or by a court.
(c) Controlling individual
The books, accounts, memoranda, and records of any person who
controls, directly or indirectly, a licensee or public utility subject
to the jurisdiction of the Commission, and of any other company
controlled by such person, insofar as they relate to transactions with
or the business of such licensee or public utility, shall be subject to
examination on the order of the Commission.
(June 10, 1920, ch. 285, pt. III, 301, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 854.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions which were transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825a. Rates of depreciation; notice to State authorities
before fixing
TITLE 16 -- CONSERVATION
(a) The Commission may, after hearing, require licensees and public
utilities to carry a proper and adequate depreciation account in
accordance with such rules, regulations, and forms of account as the
Commission may prescribe. The Commission may, from time to time,
ascertain and determine, and by order fix, the proper and adequate rates
of depreciation of the several classes of property of each licensee and
public utility. Each licensee and public utility shall conform its
depreciation accounts to the rates so ascertained, determined, and
fixed. The licensees and public utilities subject to the jurisdiction
of the Commission shall not charge to operating expenses any
depreciation charges on classes of property other than those prescribed
by the Commission, or charge with respect to any class of property a
percentage of depreciation other than that prescribed therefor by the
Commission. No such licensee or public utility shall in any case
include in any form under its operating or other expenses any
depreciation or other charge or expenditure included elsewhere as a
depreciation charge or otherwise under its operating or other expenses.
Nothing in this section shall limit the power of a State commission to
determine in the exercise of its jurisdiction, with respect to any
public utility, the percentage rate of depreciation to be allowed, as to
any class of property of such public utility, or the composite
depreciation rate, for the purpose of determining rates or charges.
(b) The Commission, before prescribing any rules or requirements as
to accounts, records, or memoranda, or as to depreciation rates, shall
notify each State commission having jurisdiction with respect to any
public utility involved, and shall give reasonable opportunity to each
such commission to present its views, and shall receive and consider
such views and recommendations.
(June 10, 1920, ch. 285, pt. III, 302, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 855.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions which were transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825b. Requirements applicable to agencies of United States
TITLE 16 -- CONSERVATION
All agencies of the United States engaged in the generation and sale
of electric energy for ultimate distribution to the public shall be
subject, as to all facilities used for such generation and sale, and as
to the electric energy sold by such agency, to the provisions of
sections 825 and 825a of this title, so far as may be practicable, and
shall comply with the provisions of such sections and with the rules and
regulations of the Commission thereunder to the same extent as may be
required in the case of a public utility.
(June 10, 1920, ch. 285, pt. III, 303, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 855.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825c. Periodic and special reports; obstructing filing reports
or keeping accounts, etc.
TITLE 16 -- CONSERVATION
(a) Every licensee and every public utility shall file with the
Commission such annual and other periodic or special reports as the
Commission may by rules and regulations or order prescribe as necessary
or appropriate to assist the Commission in the proper administration of
this chapter. The Commission may prescribe the manner and form in which
such reports shall be made, and require from such persons specific
answers to all questions upon which the Commission may need information.
The Commission may require that such reports shall include, among other
things, full information as to assets and liabilities, capitalization,
net investment, and reduction thereof, gross receipts, interest due and
paid, depreciation, and other reserves, cost of project and other
facilities, cost of maintenance and operation of the project and other
facilities, cost of renewals and replacement of the project works and
other facilities, depreciation, generation, transmission, distribution,
delivery, use, and sale of electric energy. The Commission may require
any such person to make adequate provision for currently determining
such costs and other facts. Such reports shall be made under oath
unless the Commission otherwise specifies.
(b) It shall be unlawful for any person willfully to hinder, delay,
or obstruct the making, filing, or keeping of any information, document,
report, memorandum, record, or account required to be made, filed, or
kept under this chapter or any rule, regulation, or order thereunder.
(June 10, 1920, ch. 285, pt. III, 304, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 855.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions which were transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825d. Officials dealing in securities
TITLE 16 -- CONSERVATION
(a) Benefits; making or declaring dividends out of capital account
It shall be unlawful for any officer or director of any public
utility to receive for his own benefit, directly or indirectly, any
money or thing of value in respect of the negotiation, hypothecation, or
sale by such public utility of any security issued or to be issued by
such public utility, or to share in any of the proceeds thereof, or to
participate in the making or paying of any dividends of such public
utility from any funds properly included in capital account.
(b) Interlocking directorates
After six months from August 26, 1935, it shall be unlawful for any
person to hold the position of officer or director of more than one
public utility or to hold the position of officer or director of a
public utility and the position of officer or director of any bank,
trust company, banking association, or firm that is authorized by law to
underwrite or participate in the marketing of securities of a public
utility, or officer or director of any company supplying electrical
equipment to such public utility, unless the holding of such positions
shall have been authorized by order of the Commission, upon due showing
in form and manner prescribed by the Commission, that neither public nor
private interests will be adversely affected thereby. The Commission
shall not grant any such authorization in respect of such positions held
on August 26, 1935, unless application for such authorization is filed
with the Commission within sixty days after that date.
(c) Statement of prior positions; definitions
(1) On or before April 30 of each year, any person, who, during the
calendar year preceding the filing date under this subsection, was an
officer or director of a public utility and who held, during such
calendar year, the position of officer, director, partner, appointee, or
representative of any other entity listed in paragraph (2) shall file
with the Commission, in such form and manner as the Commission shall by
rule prescribe, a written statement concerning such positions held by
such person. Such statement shall be available to the public.
(2) The entities listed for purposes of paragraph (1) are as follows
--
(A) any investment bank, bank holding company, foreign bank or
subsidiary thereof doing business in the United States, insurance
company, or any other organization primarily engaged in the business of
providing financial services or credit, a mutual savings bank, or a
savings and loan association;
(B) any company, firm, or organization which is authorized by law to
underwrite or participate in the marketing of securities of a public
utility;
(C) any company, firm, or organization which produces or supplies
electrical equipment or coal, natural gas, oil, nuclear fuel, or other
fuel, for the use of any public utility;
(D) any company, firm, or organization which during any one of the 3
calendar years immediately preceding the filing date was one of the 20
purchasers of electric energy which purchased (for purposes other than
for resale) one of the 20 largest annual amounts of electric energy sold
by such public utility (or by any public utility which is part of the
same holding company system) during any one of such three calendar
years;
(E) any entity referred to in subsection (b) of this section; and
(F) any company, firm, or organization which is controlled by any
company, firm, or organization referred to in this paragraph.
On or before January 31 of each calendar year, each public utility
shall publish a list, pursuant to rules prescribed by the Commission, of
the purchasers to which subparagraph (D) applies, for purposes of any
filing under paragraph (1) of such calendar year.
(3) For purposes of this subsection --
(A) The term ''public utility'' includes any company which is a part
of a holding company system which includes a registered holding company,
unless no company in such system is an electric utility.
(B) The terms ''holding company'', ''registered holding company'',
and ''holding company system'' have the same meaning as when used in the
Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.).
(June 10, 1920, ch. 285, pt. III, 305, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 856; amended Nov. 9, 1978, Pub. L.
95-617, title II, 211(a), 92 Stat. 3147.)
The Public Utility Holding Company Act of 1935, referred to in
subsec. (c)(3)(B), is act Aug. 26, 1935, ch. 687, title I, 49 Stat.
838, as amended, which is classified generally to chapter 2C ( 79 et
seq.) of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see section 79 of Title 15 and Tables.
1978 -- Subsec. (c). Pub. L. 95-617 added subsec. (c).
Section 211(b) of Pub. L. 95-617 provided that: ''No person shall
be required to file a statement under section 305(c)(1) of the Federal
Power Act (subsec. (c)(1) of this section) before April 30 of the second
calendar year which begins after the date of the enactment of this Act
(Nov. 9, 1978) and no public utility shall be required to publish a list
under section 305(c)(2) of such Act (subsec. (c)(2) of this section)
before January 31 of such second calendar year.''
Federal Power Commission terminated and its functions with regard to
regulation of mergers and securities acquisitions under this chapter
transferred to Federal Energy Regulatory Commission by sections
7172(a)(1)(F) and 7293 of Title 42, The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825e. Complaints
TITLE 16 -- CONSERVATION
Any person, State, municipality, or State commission complaining of
anything done or omitted to be done by any licensee or public utility in
contravention of the provisions of this chapter may apply to the
Commission by petition which shall briefly state the facts, whereupon a
statement of the complaint thus made shall be forwarded by the
Commission to such licensee or public utility, who shall be called upon
to satisfy the complaint or to answer the same in writing within a
reasonable time to be specified by the Commission. If such licensee or
public utility shall not satisfy the complaint within the time specified
or there shall appear to be any reasonable ground for investigating such
complaint, it shall be the duty of the Commission to investigate the
matters complained of in such manner and by such means as it shall find
proper.
(June 10, 1920, ch. 285, pt. III, 306, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 856.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825f. Investigations by Commission
TITLE 16 -- CONSERVATION
(a) Scope
The Commission may investigate any facts, conditions, practices, or
matters which it may find necessary or proper in order to determine
whether any person has violated or is about to violate any provision of
this chapter or any rule, regulation, or order thereunder, or to aid in
the enforcement of the provisions of this chapter or in prescribing
rules or regulations thereunder, or in obtaining information to serve as
a basis for recommending further legislation concerning the matters to
which this chapter relates. The Commission may permit any person to
file with it a statement in writing under oath or otherwise, as it shall
determine, as to any or all facts and circumstances concerning a matter
which may be the subject of investigation. The Commission, in its
discretion, may publish or make available to State commissions
information concerning any such subject.
(b) Attendance of witnesses and production of documents
For the purpose of any investigation or any other proceeding under
this chapter, any member of the Commission, or any officer designated by
it, is empowered to administer oaths and affirmations, subpena
witnesses, compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda, contracts,
agreements, or other records which the Commission finds relevant or
material to the inquiry. Such attendance of witnesses and the
production of any such records may be required from any place in the
United States at any designated place of hearing. Witnesses summoned by
the Commission to appear before it shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States.
(c) Resort to courts of United States for failure to obey subpena;
punishment
In case of contumacy by, or refusal to obey a subpena issued to, any
person, the Commission may invoke the aid of any court of the United
States within the jurisdiction of which such investigation or proceeding
is carried on, or where such person resides or carries on business, in
requiring the attendance and testimony of witnesses and the production
of books, papers, correspondence, memoranda, contracts, agreements, and
other records. Such court may issue an order requiring such person to
appear before the Commission or member or officer designated by the
Commission, there to produce records, if so ordered, or to give
testimony touching the matter under investigation or in question; and
any failure to obey such order of the court may be punished by such
court as a contempt thereof. All process in any such case may be served
in the judicial district whereof such person is an inhabitant or
wherever he may be found or may be doing business. Any person who
willfully shall fail or refuse to attend and testify or to answer any
lawful inquiry or to produce books, papers, correspondence, memoranda,
contracts, agreements, or other records, if in his or its power so to
do, in obedience to the subpena of the Commission, shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine of not more
than $1,000 or to imprisonment for a term of not more than one year, or
both.
(d) Testimony by deposition
The testimony of any witness may be taken, at the instance of a
party, in any proceeding or investigation pending before the Commission,
by deposition, at any time after the proceeding is at issue. The
Commission may also order testimony to be taken by deposition in any
proceeding or investigation pending before it, at any stage of such
proceeding or investigation. Such depositions may be taken before any
person authorized to administer oaths not being of counsel or attorney
to either of the parties, nor interested in the proceeding or
investigation. Reasonable notice must first be given in writing by the
party or his attorney proposing to take such deposition to the opposite
party or his attorney of record, as either may be nearest, which notice
shall state the name of the witness and the time and place of the taking
of his deposition. Any person may be compelled to appear and depose,
and to produce documentary evidence, in the same manner as witnesses may
be compelled to appear and testify and produce documentary evidence
before the Commission, as hereinbefore provided. Such testimony shall
be reduced to writing by the person taking the deposition, or under his
direction, and shall, after it has been reduced to writing, be
subscribed by the deponent.
(e) Deposition of witness in a foreign country
If a witness whose testimony may be desired to be taken by deposition
be in a foreign country, the deposition may be taken before an officer
or person designated by the Commission, or agreed upon by the parties by
stipulation in writing to be filed with the Commission. All depositions
must be promptly filed with the Commission.
(f) Deposition fees
Witnesses whose depositions are taken as authorized in this chapter,
and the person or officer taking the same, shall be entitled to the same
fees as are paid for like services in the courts of the United States.
(June 10, 1920, ch. 285, pt. III, 307, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 856; amended Oct. 15, 1970, Pub. L.
91-452, title II, 221, 84 Stat. 929.)
1970 -- Subsec. (g). Pub. L. 91-452 struck out subsec. (g) which
related to the immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after claiming
his privilege against self-incrimination.
Amendment by Pub. L. 91-452 effective on 60th day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before 60th
day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set
out as an Effective Date; Savings Provision note under section 6001 of
Title 18, Crimes and Criminal Procedure.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes
and Criminal Procedure.
16 USC 825g. Hearings; rules of procedure
TITLE 16 -- CONSERVATION
(a) Hearings under this chapter may be held before the Commission,
any member or members thereof or any representative of the Commission
designated by it, and appropriate records thereof shall be kept. In any
proceeding before it, the Commission, in accordance with such rules and
regulations as it may prescribe, may admit as a party any interested
State, State commission, municipality, or any representative of
interested consumers or security holders, or any competitor of a party
to such proceeding, or any other person whose participation in the
proceeding may be in the public interest.
(b) All hearings, investigations, and proceedings under this chapter
shall be governed by rules of practice and procedure to be adopted by
the Commission, and in the conduct thereof the technical rules of
evidence need not be applied. No informality in any hearing,
investigation, or proceeding or in the manner of taking testimony shall
invalidate any order, decision, rule, or regulation issued under the
authority of this chapter.
(June 10, 1920, ch. 285, pt. III, 308, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 858.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825h. Administrative powers of Commission; rules, regulations,
and orders
TITLE 16 -- CONSERVATION
The Commission shall have power to perform any and all acts, and to
prescribe, issue, make, amend, and rescind such orders, rules, and
regulations as it may find necessary or appropriate to carry out the
provisions of this chapter. Among other things, such rules and
regulations may define accounting, technical, and trade terms used in
this chapter; and may prescribe the form or forms of all statements,
declarations, applications, and reports to be filed with the Commission,
the information which they shall contain, and the time within which they
shall be filed. Unless a different date is specified therein, rules and
regulations of the Commission shall be effective thirty days after
publication in the manner which the Commission shall prescribe. Orders
of the Commission shall be effective on the date and in the manner which
the Commission shall prescribe. For the purposes of its rules and
regulations, the Commission may classify persons and matters within its
jurisdiction and prescribe different requirements for different classes
of persons or matters. All rules and regulations of the Commission
shall be filed with its secretary and shall be kept open in convenient
form for public inspection and examination during reasonable business
hours.
(June 10, 1920, ch. 285, pt. III, 309, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 858.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Pub. L. 99-495, 4(c), Oct. 16, 1986, 100 Stat. 1248, provided
that: ''In order to ensure that the provisions of Part I of the Federal
Power Act (16 U.S.C. 791a et seq.), as amended by this Act, are fully,
fairly, and efficiently implemented, that other governmental agencies
identified in such Part I are able to carry out their responsibilities,
and that the increased workload of the Federal Energy Regulatory
Commission and other agencies is facilitated, the Commission shall,
consistent with the provisions of section 309 of the Federal Power Act
(16 U.S.C. 825h), review all provisions of that Act (16 U.S.C. 791a et
seq.) requiring an action within a 30-day period and, as the Commission
deems appropriate, amend its regulations to interpret such period as
meaning 'working days', rather than 'calendar days' unless calendar days
is specified in such Act for such action.''
16 USC 825i. Appointment of officers and employees; compensation
TITLE 16 -- CONSERVATION
The Commission is authorized to appoint and fix the compensation of
such officers, attorneys, examiners, and experts as may be necessary for
carrying out its functions under this chapter; and the Commission may,
subject to civil-service laws, appoint such other officers and employees
as are necessary for carrying out such functions and fix their salaries
in accordance with chapter 51 and subchapter III of chapter 53 of title
5.
(June 10, 1920, ch. 285, pt. III, 310, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 859; amended Oct. 28, 1949, ch. 782,
title XI, 1106(a), 63 Stat. 972.)
The civil-service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5.
Provisions that authorized the Commission to appoint and fix the
compensation of such officers, attorneys, examiners, and experts as may
be necessary for carrying out its functions under this chapter ''without
regard to the provisions of other laws applicable to the employment and
compensation of officers and employees of the United States'' have been
omitted as obsolete and superseded.
Such appointments are subject to the civil service laws unless
specifically excepted by those laws or by laws enacted subsequent to
Executive Order No. 8743, Apr. 23, 1941, issued by the President
pursuant to the Act of Nov. 26, 1940, ch. 919, title I, 1, 54 Stat.
1211, which covered most excepted positions into the classified
(competitive) civil service. The Order is set out as a note under
section 3301 of Title 5, Government Organization and Employees.
As to the compensation of such personnel, sections 1202 and 1204 of
the Classification Act of 1949, 63 Stat. 972, 973, repealed the
Classification Act of 1923 and all other laws or parts of laws
inconsistent with the 1949 Act. The Classification Act of 1949 was
repealed Pub. L. 89-554, Sept. 6, 1966, 8(a), 80 Stat. 632, and
reenacted as chapter 51 and subchapter III of chapter 53 of Title 5.
Section 5102 of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.
''Chapter 51 and subchapter III of chapter 53 of title 5''
substituted in text for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5.
1949 -- Act Oct. 28, 1949, substituted ''Classification Act of
1949'' for ''Classification Act of 1923''.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825j. Investigations relating to electric energy; reports to
Congress
TITLE 16 -- CONSERVATION
In order to secure information necessary or appropriate as a basis
for recommending legislation, the Commission is authorized and directed
to conduct investigations regarding the generation, transmission,
distribution, and sale of electric energy, however produced, throughout
the United States and its possessions, whether or not otherwise subject
to the jurisdiction of the Commission, including the generation,
transmission, distribution, and sale of electric energy by any agency,
authority, or instrumentality of the United States, or of any State or
municipality or other political subdivision of a State. It shall, so
far as practicable, secure and keep current information regarding the
ownership, operation, management, and control of all facilities for such
generation, transmission, distribution, and sale; the capacity and
output thereof and the relationship between the two; the cost of
generation, transmission, and distribution; the rates, charges, and
contracts in respect of the sale of electric energy and its service to
residential, rural, commercial, and industrial consumers and other
purchasers by private and public agencies; and the relation of any or
all such facts to the development of navigation, industry, commerce, and
the national defense. The Commission shall report to Congress the
results of investigations made under authority of this section.
(June 10, 1920, ch. 285, pt. III, 311, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 859.)
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825k. Publication and sale of reports
TITLE 16 -- CONSERVATION
The Commission may provide for the publication of its reports and
decisions in such form and manner as may be best adapted for public
information and use, and is authorized to sell at reasonable prices
copies of all maps, atlases, and reports as it may from time to time
publish. Such reasonable prices may include the cost of compilation,
composition, and reproduction. The Commission is also authorized to
make such charges as it deems reasonable for special statistical
services and other special or periodic services. The amounts collected
under this section shall be deposited in the Treasury to the credit of
miscellaneous receipts. All printing for the Federal Power Commission
making use of engraving, lithography, and photolithography, together
with the plates for the same, shall be contracted for and performed
under the direction of the Commission, under such limitations and
conditions as the Joint Committee on Printing may from time to time
prescribe, and all other printing for the Commission shall be done by
the Public Printer under such limitations and conditions as the Joint
Committee on Printing may from time to time prescribe. The entire work
may be done at, or ordered through, the Government Printing Office
whenever, in the judgment of the Joint Committee on Printing, the same
would be to the interest of the Government: Provided, That when the
exigencies of the public service so require, the Joint Committee on
Printing may authorize the Commission to make immediate contracts for
engraving, lithographing, and photolithographing, without advertisement
for proposals: Provided further, That nothing contained in this chapter
or any other Act shall prevent the Federal Power Commission from placing
orders with other departments or establishments for engraving,
lithographing, and photolithographing, in accordance with the provisions
of sections 1535 and 1536 of title 31, providing for interdepartmental
work.
(June 10, 1920, ch. 285, pt. III, 312, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 859.)
''Sections 1535 and 1536 of title 31'' substituted in text for
''sections 601 and 602 of the Act of June 30, 1932 (47 Stat. 417 (31
U.S.C. 686, 686b))'' on authority of Pub. L. 97-258, 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825l. Review of orders
TITLE 16 -- CONSERVATION
(a) Application for rehearing; time periods; modification of order
Any person, State, municipality, or State commission aggrieved by an
order issued by the Commission in a proceeding under this chapter to
which such person, State, municipality, or State commission is a party
may apply for a rehearing within thirty days after the issuance of such
order. The application for rehearing shall set forth specifically the
ground or grounds upon which such application is based. Upon such
application the Commission shall have power to grant or deny rehearing
or to abrogate or modify its order without further hearing. Unless the
Commission acts upon the application for rehearing within thirty days
after it is filed, such application may be deemed to have been denied.
No proceeding to review any order of the Commission shall be brought by
any person unless such person shall have made application to the
Commission for a rehearing thereon. Until the record in a proceeding
shall have been filed in a court of appeals, as provided in subsection
(b) of this section, the Commission may at any time, upon reasonable
notice and in such manner as it shall deem proper, modify or set aside,
in whole or in part, any finding or order made or issued by it under the
provisions of this chapter.
(b) Judicial review
Any party to a proceeding under this chapter aggrieved by an order
issued by the Commission in such proceeding may obtain a review of such
order in the United States court of appeals for any circuit wherein the
licensee or public utility to which the order relates is located or has
its principal place of business, or in the United States Court of
Appeals for the District of Columbia, by filing in such court, within
sixty days after the order of the Commission upon the application for
rehearing, a written petition praying that the order of the Commission
be modified or set aside in whole or in part. A copy of such petition
shall forthwith be transmitted by the clerk of the court to any member
of the Commission and thereupon the Commission shall file with the court
the record upon which the order complained of was entered, as provided
in section 2112 of title 28. Upon the filing of such petition such
court shall have jurisdiction, which upon the filing of the record with
it shall be exclusive, to affirm, modify, or set aside such order in
whole or in part. No objection to the order of the Commission shall be
considered by the court unless such objection shall have been urged
before the Commission in the application for rehearing unless there is
reasonable ground for failure so to do. The finding of the Commission
as to the facts, if supported by substantial evidence, shall be
conclusive. If any party shall apply to the court for leave to adduce
additional evidence, and shall show to the satisfaction of the court
that such additional evidence is material and that there were reasonable
grounds for failure to adduce such evidence in the proceedings before
the Commission, the court may order such additional evidence to be taken
before the Commission and to be adduced upon the hearing in such manner
and upon such terms and conditions as to the court may seem proper. The
Commission may modify its findings as to the facts by reason of the
additional evidence so taken, and it shall file with the court such
modified or new findings which, if supported by substantial evidence,
shall be conclusive, and its recommendation, if any, for the
modification or setting aside of the original order. The judgment and
decree of the court, affirming, modifying, or setting aside, in whole or
in part, any such order of the Commission, shall be final, subject to
review by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28.
(c) Stay of Commission's order
The filing of an application for rehearing under subsection (a) of
this section shall not, unless specifically ordered by the Commission,
operate as a stay of the Commission's order. The commencement of
proceedings under subsection (b) of this section shall not, unless
specifically ordered by the court, operate as a stay of the Commission's
order.
(June 10, 1920, ch. 285, pt. III, 313, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 860; amended June 25, 1948, ch. 646,
32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63 Stat. 107; Aug.
28, 1958, Pub. L. 85-791, 16, 72 Stat. 947.)
In subsec. (b), ''section 1254 of title 28'' substituted for
''sections 239 and 240 of the Judicial Code, as amended (U.S.C., title
28, secs. 346 and 347)'' on authority of act June 25, 1948, ch. 646, 62
Stat. 869, the first section of which enacted Title 28, Judiciary and
Judicial Procedure.
1958 -- Subsec. (a). Pub. L. 85-791, 16(a), inserted sentence to
provide that Commission may modify or set aside findings or orders until
record has been filed in court of appeals.
Subsec. (b). Pub. L. 85-791, 16(b), in second sentence, substituted
''transmitted by the clerk of the court to'' for ''served upon'',
substituted ''file with the court'' for ''certify and file with the
court a transcript of'', and inserted ''as provided in section 2112 of
title 28'', and in third sentence, substituted ''jurisdiction, which
upon the filing of the record with it shall be exclusive'' for
''exclusive jurisdiction''.
Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,
1949, substituted ''court of appeals'' for ''circuit court of appeals''.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 825m. Enforcement provisions
TITLE 16 -- CONSERVATION
(a) Enjoining and restraining violations
Whenever it shall appear to the Commission that any person is engaged
or about to engage in any acts or practices which constitute or will
constitute a violation of the provisions of this chapter, or of any
rule, regulation, or order thereunder, it may in its discretion bring an
action in the proper District Court of the United States or the United
States courts of any Territory or other place subject to the
jurisdiction of the United States, to enjoin such acts or practices and
to enforce compliance with this chapter or any rule, regulation, or
order thereunder, and upon a proper showing a permanent or temporary
injunction or decree or restraining order shall be granted without bond.
The Commission may transmit such evidence as may be available
concerning such acts or practices to the Attorney General, who, in his
discretion, may institute the necessary criminal proceedings under this
chapter.
(b) Writs of mandamus
Upon application of the Commission the district courts of the United
States and the United States courts of any Territory or other place
subject to the jurisdiction of the United States shall have jurisdiction
to issue writs of mandamus commanding any person to comply with the
provisions of this chapter or any rule, regulation, or order of the
Commission thereunder.
(c) Employment of attorneys
The Commission may employ such attorneys as it finds necessary for
proper legal aid and service of the Commission or its members in the
conduct of their work, or for proper representation of the public
interests in investigations made by it or cases or proceedings pending
before it, whether at the Commission's own instance or upon complaint,
or to appear for or represent the Commission in any case in court; and
the expenses of such employment shall be paid out of the appropriation
for the Commission.
(June 10, 1920, ch. 285, pt. III, 314, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 861; amended June 25, 1936, ch. 804, 49
Stat. 1921; June 25, 1948, ch. 646, 32(b), 62 Stat. 991; May 24,
1949, ch. 139, 127, 63 Stat. 107.)
As originally enacted subsecs. (a) and (b) contained references to
the Supreme Court of the District of Columbia. Act June 25, 1936,
substituted ''the district court of the United States for the District
of Columbia'' for ''the Supreme Court of the District of Columbia'', and
act June 25, 1948, as amended by act May 24, 1949, substituted ''United
States District Court for the District of Columbia'' for ''district
court of the United States for the District of Columbia''. However, the
words ''United States District Court for the District of Columbia'' have
been deleted entirely as superfluous in view of section 132(a) of Title
28, Judiciary and Judicial Procedure, which states that ''There shall be
in each judicial district a district court which shall be a court of
record known as the United States District Court for the district'', and
section 88 of Title 28 which states that ''the District of Columbia
constitutes one judicial district''.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Writ of mandamus abolished, see rule 81, Title 28, Appendix,
Judiciary and Judicial Procedure.
16 USC 825n. Forfeiture for violations; recovery; applicability
TITLE 16 -- CONSERVATION
(a) Forfeiture
Any licensee or public utility which willfully fails, within the time
prescribed by the Commission, to comply with any order of the
Commission, to file any report required under this chapter or any rule
or regulation of the Commission thereunder, to submit any information or
document required by the Commission in the course of an investigation
conducted under this chapter, or to appear by an officer or agent at any
hearing or investigation in response to a subpena issued under this
chapter, shall forfeit to the United States an amount not exceeding
$1,000 to be fixed by the Commission after notice and opportunity for
hearing. The imposition or payment of any such forfeiture shall not bar
or affect any penalty prescribed in this chapter but such forfeiture
shall be in addition to any such penalty.
(b) Recovery
The forfeitures provided for in this chapter shall be payable into
the Treasury of the United States and shall be recoverable in a civil
suit in the name of the United States, brought in the district where the
person is an inhabitant or has his principal place of business, or if a
licensee or public utility, in any district in which such licensee or
public utility transacts business. It shall be the duty of the various
United States attorneys, under the direction of the Attorney General of
the United States, to prosecute for the recovery of forfeitures under
this chapter. The costs and expenses of such prosecution shall be paid
from the appropriations for the expenses of the courts of the United
States.
(c) Applicability
This subsection /1/ shall not apply in the case of any provision of
section 824j, 824k, 824l, or 824m of this title or any rule or order
issued under any such provision.
(June 10, 1920, ch. 285, pt. III, 315, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 861; amended June 25, 1948, ch. 646, 1,
62 Stat. 909; Oct. 24, 1992, Pub. L. 102-486, title VII, 725(a), 106
Stat. 2920.)
1992 -- Subsec. (c). Pub. L. 102-486 added subsec. (c).
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorney'' for ''district attorney''. See section 541 of Title 28,
Judiciary and Judicial Procedure.
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
/1/ So in original. Probably should be ''section''.
16 USC 825o. Penalties for violations; applicability of section
TITLE 16 -- CONSERVATION
(a) Statutory violations
Any person who willfully and knowingly does or causes or suffers to
be done any act, matter, or thing in this chapter prohibited or declared
to be unlawful, or who willfully and knowingly omits or fails to do any
act, matter, or thing in this chapter required to be done, or willfully
and knowingly causes or suffers such omission or failure, shall, upon
conviction thereof, be punished by a fine of not more than $5,000 or by
imprisonment for not more than two years, or both.
(b) Rules violations
Any person who willfully and knowingly violates any rule, regulation,
restriction, condition, or order made or imposed by the Commission under
authority of this chapter, or any rule or regulation imposed by the
Secretary of the Army under authority of subchapter I of this chapter
shall, in addition to any other penalties provided by law, be punished
upon conviction thereof by a fine of not exceeding $500 for each and
every day during which such offense occurs.
(c) Applicability
This subsection /1/ shall not apply in the case of any provision of
section 824j, 824k, 824l, or 824m of this title or any rule or order
issued under any such provision.
(June 10, 1920, ch. 285, pt. III, 316, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 862; amended July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Oct. 24, 1992, Pub. L. 102-486, title
VII, 725(a), 106 Stat. 2920.)
1992 -- Subsec. (c). Pub. L. 102-486 added subsec. (c).
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
title 42 section 7172.
/1/ So in original. Probably should be ''section''.
16 USC 825o-1. Enforcement of certain provisions
TITLE 16 -- CONSERVATION
(a) Violations
It shall be unlawful for any person to violate any provision of
section 824j, 824k, 824l, or 824m of this title or any rule or order
issued under any such provision.
(b) Civil penalties
Any person who violates any provision of section 824j, 824k, 824l, or
824m of this title or any provision of any rule or order thereunder
shall be subject to a civil penalty of not more than $10,000 for each
day that such violation continues. Such penalty shall be assessed by
the Commission, after notice and opportunity for public hearing, in
accordance with the same provisions as are applicable under section
823b(d) of this title in the case of civil penalties assessed under
section 823b of this title. In determining the amount of a proposed
penalty, the Commission shall take into consideration the seriousness of
the violation and the efforts of such person to remedy the violation in
a timely manner.
(June 10, 1920, ch. 285, pt. III, 316A, as added Oct. 24, 1992, Pub.
L. 102-486, title VII, 725(b), 106 Stat. 2920.)
Nothing in this section to be construed as affecting or intending to
affect, or in any way to interfere with, authority of any State or local
government relating to environmental protection or siting of facilities,
see section 731 of Pub. L. 102-486, set out as a note under section 79
of Title 15, Commerce and Trade.
16 USC 825p. Jurisdiction of offenses; enforcement of liabilities and
duties
TITLE 16 -- CONSERVATION
The District Courts of the United States, and the United States
courts of any Territory or other place subject to the jurisdiction of
the United States shall have exclusive jurisdiction of violations of
this chapter or the rules, regulations, and orders thereunder, and of
all suits in equity and actions at law brought to enforce any liability
or duty created by, or to enjoin any violation of this chapter or any
rule, regulation, or order thereunder. Any criminal proceeding shall be
brought in the district wherein any act or transaction constituting the
violation occurred. Any suit or action to enforce any liability or duty
created by, or to enjoin any violation of, this chapter or any rule,
regulation, or order thereunder may be brought in any such district or
in the district wherein the defendant is an inhabitant, and process in
such cases may be served wherever the defendant may be found. Judgments
and decrees so rendered shall be subject to review as provided in
sections 1254, 1291, and 1292 of title 28. No costs shall be assessed
against the Commission in any judicial proceeding by or against the
Commission under this chapter.
(June 10, 1920, ch. 285, pt. III, 317, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 862; amended June 25, 1936, ch. 804, 49
Stat. 1921; June 25, 1948, ch. 646, 32(b), 62 Stat. 991; May 24,
1949, ch. 139, 127, 63 Stat. 107.)
As originally enacted, this section contained reference to the
Supreme Court of the District of Columbia. Act June 25, 1936,
substituted ''the district court of the United States for the District
of Columbia'' for ''the Supreme Court of the District of Columbia'', and
act June 25, 1948, as amended by act May 24, 1949, substituted ''United
States District Court for the District of Columbia'' for ''district
court of the United States for the District of Columbia''. However, the
words ''United States District Court for the District of Columbia'' have
been deleted entirely as superfluous in view of section 132(a) of Title
28, Judiciary and Judicial Procedure, which states that ''There shall be
in each judicial district a district court which shall be a court of
record known as the United States District Court for the district'', and
section 88 of Title 28 which states that ''the District of Columbia
constitutes one judicial district''.
''Sections 1254, 1291, and 1292 of title 28'', referred to in text,
were substituted for ''sections 128 and 240 of the Judicial Code, as
amended (U.S.C. title 28, secs. 225 and 347)'' on authority of act June
25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted
Title 28, Judiciary and Judicial Procedure.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Continuation of section under rule 54, see note by Advisory Committee
under rule 54, Title 28, Appendix, Judiciary and Judicial Procedure.
Costs, see rule 54.
One form of action to be known as ''civil action,'' see rule 2.
16 USC 825q. Conflict of jurisdiction
TITLE 16 -- CONSERVATION
If, with respect to the issue, sale, or guaranty of a security, or
assumption of obligation or liability in respect of a security, the
method of keeping accounts, the filing of reports, or the acquisition or
disposition of any security, capital assets, facilities, or any other
subject matter, any person is subject both to a requirement of the
Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) or of
a rule, regulation, or order thereunder and to a requirement of this
chapter or of a rule, regulation, or order thereunder, the requirement
of the Public Utility Holding Company Act of 1935 shall apply to such
person, and such person shall not be subject to the requirement of this
chapter, or of any rule, regulation, or order thereunder, with respect
to the same subject matter, unless the Securities and Exchange
Commission has exempted such person from such requirement of the Public
Utility Holding Company Act of 1935, in which case the requirements of
this chapter shall apply to such person.
(June 10, 1920, ch. 285, pt. III, 318, as added Aug. 26, 1935, ch.
687, title II, 213, 49 Stat. 863.)
The Public Utility Holding Company Act of 1935, referred to in text,
is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended,
which is classified generally to chapter 2C ( 79 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see section 79 of Title 15 and Tables.
16 USC 825q-1. Office of Public Participation
TITLE 16 -- CONSERVATION
(a)(1) There shall be an office in the Commission to be known as the
Office of Public Participation (hereinafter in this section referred to
as the ''Office'').
(2)(A) The Office shall be administered by a Director. The Director
shall be appointed by the Chairman with the approval of the Commission.
The Director may be removed during his term of office by the Chairman,
with the approval of the Commission, only for inefficiency, neglect of
duty, or malfeasance in office.
(B) The term of office of the Director shall be 4 years. The
Director shall be responsible for the discharge of the functions and
duties of the Office. He shall be appointed and compensated at a rate
not in excess of the maximum rate prescribed for GS-18 of the General
Schedule under section 5332 of title 5.
(3) The Director may appoint, and assign the duties of, employees of
such Office, and with the concurrence of the Commission he may fix the
compensation of such employees and procure temporary and intermittent
services to the same extent as is authorized under section 3109 of title
5.
(b)(1) The Director shall coordinate assistance to the public with
respect to authorities exercised by the Commission. The Director shall
also coordinate assistance available to persons intervening or
participating or proposing to intervene or participate in proceedings
before the Commission.
(2) The Commission may, under rules promulgated by it, provide
compensation for reasonable attorney's fees, expert witness fees, and
other costs of intervening or participating in any proceeding before the
Commission to any person whose intervention or participation
substantially contributed to the approval, in whole or in part, of a
position advocated by such person. Such compensation may be paid only
if the Commission has determined that --
(A) the proceeding is significant, and
(B) such person's intervention or participation in such proceeding
without receipt of compensation constitutes a significant financial
hardship to him.
(3) Nothing in this subsection affects or restricts any rights of any
intervenor or participant under any other applicable law or rule of law.
(4) There are authorized to be appropriated to the Secretary of
Energy to be used by the Office for purposes of compensation of persons
under the provisions of this subsection not to exceed $500,000 for the
fiscal year 1978, not to exceed $2,000,000 for the fiscal year 1979, not
to exceed $2,200,000 for the fiscal year 1980, and not to exceed
$2,400,000 for the fiscal year 1981.
(June 10, 1920, ch. 285, pt. III, 319, as added Pub. L. 95-617,
title II, 212, Nov. 9, 1978, 92 Stat. 3148.)
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
16 USC 825r. Separability
TITLE 16 -- CONSERVATION
If any provision of this chapter, or the application of such
provision to any person or circumstance, shall be held invalid, the
remainder of the chapter, and the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
(June 10, 1920, ch. 285, pt. III, 320, formerly 319, as added Aug.
26, 1935, ch. 687, title II, 213, 49 Stat. 863, and renumbered 320,
Nov. 9, 1978, Pub. L. 95-617, title II, 212, 92 Stat. 3148.)
16 USC 825s. Sale of electric power from reservoir projects; rate
schedules; preference in sale; construction of transmission lines;
disposition of moneys
TITLE 16 -- CONSERVATION
Electric power and energy generated at reservoir projects under the
control of the Department of the Army and in the opinion of the
Secretary of the Army not required in the operation of such projects
shall be delivered to the Secretary of Energy who shall transmit and
dispose of such power and energy in such manner as to encourage the most
widespread use thereof at the lowest possible rates to consumers
consistent with sound business principles, the rate schedules to become
effective upon confirmation and approval by the Secretary of Energy.
Rate schedules shall be drawn having regard to the recovery (upon the
basis of the application of such rate schedules to the capacity of the
electric facilities of the projects) of the cost of producing and
transmitting such electric energy, including the amortization of the
capital investment allocated to power over a reasonable period of years.
Preference in the sale of such power and energy shall be given to
public bodies and cooperatives. The Secretary of Energy is authorized,
from funds to be appropriated by the Congress, to construct or acquire,
by purchase or other agreement, only such transmission lines and related
facilities as may be necessary in order to make the power and energy
generated at said projects available in wholesale quantities for sale on
fair and reasonable terms and conditions to facilities owned by the
Federal Government, public bodies, cooperatives, and privately owned
companies. All moneys received from such sales shall be deposited in
the Treasury of the United States as miscellaneous receipts.
(Dec. 22, 1944, ch. 665, 5, 58 Stat. 890; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Aug. 4, 1977, Pub. L. 95-91, title
III, 301(b), 302(a)(1), 91 Stat. 578.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
''Secretary of Energy'' substituted in text for ''Secretary of the
Interior'' in two places and for ''Federal Power Commission'' pursuant
to Pub. L. 95-91, 301(b), 302(a)(1), which are classified to sections
7151(b) and 7152(a)(1) of Title 42, The Public Health and Welfare.
Functions of Secretary of the Interior under this section transferred
to Secretary of Energy by section 7152(a)(1) of Title 42.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act (43 U.S.C. 1301 et seq.), see section 1303 of
Title 43, Public Lands.
16 USC 825s-1. Southwestern area sale and transmission of electric
power; disposition of receipts; creation of continuing fund; use of
fund
TITLE 16 -- CONSERVATION
All receipts from the transmission and sale of electric power and
energy under the provisions of section 825s of this title, generated or
purchased in the southwestern power area, shall be covered into the
Treasury of the United States as miscellaneous receipts, except that the
Treasury shall set up and maintain from such receipts a continuing fund
of $300,000, including the sum of $100,000 in the continuing fund
established under the Administrator of the Southwestern Power
Administration in the First Supplemental National Defense Appropriation
Act, 1944 (57 Stat. 621), which shall be transferred to the fund
established; and said fund of $300,000 shall be placed to the credit of
the Secretary and shall be subject to check by him to defray emergency
expenses necessary to insure continuity of electric service and
continuous operation of the facilities, and to cover all costs in
connection with the purchase of electric power and energy and rentals
for the use of facilities for the transmission and distribution of
electric power and energy to public bodies, cooperatives, and privately
owned companies: Provided, That expenditures from this fund to cover
such costs in connection with the purchase of electric power and energy
and rentals for the use of facilities are to be made only in such
amounts as may be approved annually in appropriation Acts.
(Oct. 12, 1949, ch. 680, title I, 101, 63 Stat. 767; Aug. 31, 1951,
ch. 375, title I, 101, 65 Stat. 249.)
The First Supplemental National Defense Appropriation Act, 1944,
referred to in text, was act Dec. 23, 1943, ch. 380, title I, 101, 57
Stat. 621, which was not classified to the Code.
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
Section as originally enacted contained a provision relating to
maximum expenditures for the fiscal year 1952.
1951 -- Act Aug. 31, 1951, inserted proviso.
Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 660,
provided: ''That the continuing fund established by the Act of October
12, 1949, c. 680, title I, section 101, as amended (16 U.S.C. 825s-1),
shall also be available on an ongoing basis for paying for purchase
power and wheeling expenses when the Administrator determines that such
expenditures are necessary to meet contractual obligations for the sale
and delivery of power during periods of below-average hydropower
generation. Payments from the continuing fund shall be limited to the
amount required to replace the generation deficiency, and only for the
project where the deficiency occurred. Replenishment of the fund shall
occur within twelve months of the month in which the funds were first
expended.''
16 USC 825s-2. Southeastern area sale and transmission of electric
power; disposition of receipts; creation of continuing funds; use of
fund
TITLE 16 -- CONSERVATION
All receipts from the transmission and sale of electric power and
energy under the provisions of section 825s of this title, generated or
purchased in the southeastern power area, shall be covered into the
Treasury of the United States as miscellaneous receipts, except that the
Treasury shall set up and maintain from such receipts a continuing fund
of $50,000, and said fund shall be placed to the credit of the
Secretary, and shall be subject to check by him to defray emergency
expenses necessary to insure continuity of electric service and
continuous operation of Government facilities in said area.
(Aug. 31, 1951, ch. 375, title I, 101, 65 Stat. 249.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
16 USC 825s-3. Southwestern area sale at uniform systemwide rates of
electric power over transmission lines constructed with appropriated
funds or used under contractual arrangements
TITLE 16 -- CONSERVATION
Power and energy marketed by the Southwestern Power Administration
pursuant to section 825s of this title, shall be sold at uniform
systemwide rates, without discrimination between customers to whom the
Southwestern Power Administration delivers such power and energy by
means of transmission lines or facilities constructed with appropriated
funds, and customers to whom the Southwestern Power Administration
delivers such power and energy by means of transmission lines or
facilities, the use of which is acquired by lease, wheeling, or other
contractual arrangements.
(Pub. L. 95-456, 1, Oct. 13, 1978, 92 Stat. 1230.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
Section 2 of Pub. L. 95-456 provided that: ''This Act (enacting
this section) shall not become effective until Contract No.
14-02-00001-1002, effective August 1, 1962, between the United States of
America and Associated Electric Cooperative, Inc., Springfield,
Missouri, has been amended in a manner mutually agreeable to the parties
thereto.''
16 USC 825t. Utilization of power revenues
TITLE 16 -- CONSERVATION
No power revenues on any project shall be distributed as profits,
before or after retirement of the project debt, and nothing contained in
any previous appropriation Act shall be deemed to have authorized such
distribution: Provided, That the application of such revenues to the
cost of operation, maintenance, and debt service of the irrigation
system of the project, or to other purposes in aid of such irrigation
system, shall not be construed to be such a distribution.
(July 1, 1946, ch. 529, 1, 60 Stat. 366.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
16 USC 825u. Interest rate on power bonds held by Administrator of
General Services
TITLE 16 -- CONSERVATION
The Administrator of General Services or his successor in interest is
authorized to reduce the rate of interest to 2 1/2 per centum on all
power bonds held by such Agency issued by States, public authorities,
counties, municipalities, and other subdivisions of State governments
for power projects financed by the Public Works Administration.
(July 31, 1946, ch. 710, 6, 60 Stat. 744; June 30, 1949, ch. 288,
title I, 103(a), 63 Stat. 380.)
This section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
Functions of Federal Works Agency and of all agencies thereof,
together with functions of Federal Works Administrator, transferred to
Administrator of General Services by section 103(a) of act June 30,
1949. Both Federal Works Agency and office of Federal Works
Administrator abolished by section 103(b) of said act. Section 103 is
classified to section 753 of Title 40, Public Buildings, Property, and
Works. Transfer of functions of Federal Works Agency effective July 1,
1949, see note set out under section 471 of Title 40.
Functions of Public Works Administration transferred to Federal Works
Administrator by Ex. Ord. No. 9357, June 30, 1943, 8 F.R. 9041. See
note set out under sections 401 to 411 of Title 40.
16 USC SUBCHAPTER IV -- STATE AND MUNICIPAL WATER CONSERVATION
FACILITIES
TITLE 16 -- CONSERVATION
16 USC 828. Facilitation of development and construction of water
conservation facilities; exemption from certain Federal requirements
TITLE 16 -- CONSERVATION
In order to facilitate the development and construction by States and
municipalities of water conservation facilities, certain requirements in
this chapter are made inapplicable to States and municipalities as
provided in this subchapter.
(Aug. 15, 1953, ch. 503, 1, 67 Stat. 587.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
16 USC 828a. Definitions
TITLE 16 -- CONSERVATION
The words used in this subchapter shall have the same meanings
ascribed to them in this chapter.
(Aug. 15, 1953, ch. 503, 2, 67 Stat. 587.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
16 USC 828b. Exemption from formula, books and records, and project
cost statement requirements; annual charges
TITLE 16 -- CONSERVATION
Section 807 of this title pertaining to the taking over by the United
States of any project upon or after the expiration of a license, and
sections 825 and 825a of this title requiring certain records and
accounting procedures and section 797(b) of this title requiring the
preparation and filing of the statement of actual legitimate original
cost of a project, shall not be applicable to any project owned by a
State or municipality, and such rights and requirements shall not exist
under any license heretofore or hereafter granted to any State or
municipality. The Secretary of Energy in determining the amount of
annual charges applicable to any such project may determine the annual
charges with reference to the actual cost of services incurred by the
Secretary with respect to the project.
(Aug. 15, 1953, ch. 503, 3, 67 Stat. 587; July 31, 1959, Pub. L.
86-124, 73 Stat. 271; Aug. 4, 1977, Pub. L. 95-91, title III, 301(b),
91 Stat. 578.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
1959 -- Pub. L. 86-124 struck out ''except that the provisions of
sections 797(b) and 807 of this title shall continue to be applicable to
any license issued for a hydroelectric development in the International
Rapids section of the Saint Lawrence River'' in first sentence.
''Secretary of Energy'' and ''Secretary'' substituted in text for
''Federal Power Commission'' and ''Commission'', respectively, pursuant
to Pub. L. 95-91, 301(b), which is classified to section 7151(b) of
Title 42, The Public Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
16 USC 828c. Applicability of this subchapter
TITLE 16 -- CONSERVATION
Except as herein provided, the provisions of this subchapter shall
not be construed as repealing or affecting any of the provisions of this
chapter.
(Aug. 15, 1953, ch. 503, 4, 67 Stat. 587.)
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
16 USC CHAPTER 12A -- TENNESSEE VALLEY AUTHORITY
TITLE 16 -- CONSERVATION
Sec.
831. Creation; short title.
831a. Directors of the Authority.
(a) Composition of board, appointment and designation.
(b) Terms of office; successors.
(c) Vacancies.
(d) Quorums.
(e) Citizenship; compensation; Government housing; reimbursement
for expenses; outside business.
(f) Conflicts of interest.
(g) Function of board.
(h) Confidence in the Authority.
831b. Officers and employees; wages of laborers and mechanics;
application of employees' compensation provisions.
831b-1. Acceptance of services of volunteers.
831c. Corporate powers generally; eminent domain; construction of
dams, transmission lines, etc.
831c-1. Bridges endangered or damaged by dams, etc.; compensation of
and contracts with owner for protection, replacements, etc.
(a) Structures on Tennessee River or tributaries.
(b) Suit on contracts.
831c-2. Civil actions for injury or loss of property or personal
injury or death.
(a) Exclusiveness of remedy.
(b) Representation and removal.
831d. Directors; maintenance and operation of plant for production,
sale, and distribution of fertilizer and power.
831e. Officers and employees; nonpolitical appointment; removal
for violation.
831f. Control of plants and property vested in Corporation;
transfer of other property to Corporation.
831g. Principal office of Corporation; books; directors' oath.
(a) Location.
(b) Account books.
(c) Oath of office.
831h. Annual financial statement; purchases and contracts; audit
by Comptroller General.
(a) Financial statement and report.
(b) Bids; audits; settlements; accounts; contracts.
831h-1. Operation of dams primarily for promotion of navigation and
controlling floods; generation and sale of electricity.
831h-2. Repealed.
831i. Sale of surplus power; preferences; experimental work;
acquisition of existing electric facilities.
831j. Equitable distribution of surplus power among States and
municipalities; improvement in production of fertilizer.
831k. Transmission lines; construction or lease; sale of power
over other than Government lines; rates when sold for resale at profit.
831k-1. Extension of credit to States, municipalities and nonprofit
organizations to assist in operation of existing facilities.
831l. Financial assistance to States and local governments in lieu
of taxation; apportionment; limitation on contracts for sale of power
to municipalities; report to Congress.
831m. Allocation and charge of value and cost of plants to
particular objects; cost accounting; reports of costs of operation;
sale of surplus power at profit.
831m-1. Tennessee Valley Authority least-cost planning program.
(a) In general.
(b) Conduct of program.
(c) Participation by distributors.
(d) Public review and comment.
(e) Exemption from certain requirements.
831n. Bonds for future construction; amount, terms, and conditions.
831n-1. Bonds to carry out provisions of section 831k-1; amount,
terms, and conditions.
831n-2. Bonds; limitation of issuance under sections 831n and
831n-1.
831n-3. Use of funds; limitation of issuance.
831n-4. Bonds for financing power program.
(a) Authorization; amount; use of proceeds; restriction on
contracts for sale or delivery of power; exchange power arrangements;
payment of principal and interest; bond contracts.
(b) Bonds not obligations of or guaranteed by United States;
apportionment of proceeds.
(c) Sale; terms and conditions; method; limitation on amount;
statement in annual report.
(d) Lawful investment; exemption from taxation.
(e) Payment of excess power proceeds into Treasury; deferral.
(f) Rates for sale of power; application of net proceeds.
(g) Power property; lease and lease-purchase agreements.
(h) Congressional declaration of intent.
831o. Completion of unfinished plants authorized.
831p. Repealed.
831q. Eminent domain; contracts for relocation of railroads,
highways, industrial plants, etc.
831r. Patents; access to Patent and Trademark Office and right to
copy patents; compensation to patentees.
831s. Possession by Government in time of war; damages to contract
holders.
831t. Offenses; fines and punishment.
(a) Larceny, embezzlement and conversion.
(b) False entry, report or statement.
(c) Conspiracy to defraud.
831u. Surveys; cooperation with States or other agencies.
831v. Legislation to carry out purposes of chapter; recommendation
by President.
831w. Acquisition of real or personal property; payment by delivery
of power; sale or lease of vacant land for industrial purposes.
831x. Condemnation proceedings; institution by Corporation; venue.
831y. Net proceeds over expense payable into Treasury.
831y-1. Approval of plans by Board as condition precedent to
construction and operation; restraining action without approval; other
laws unaffected
831z. Authorization of appropriations.
831aa. Laws repealed.
831bb. Reservation of right to amend or repeal.
831cc. Separability.
831dd. Liberal construction of chapter; sale of surplus lands.
title 33 sections 558b, 558c.
16 USC 831. Creation; short title
TITLE 16 -- CONSERVATION
For the purpose of maintaining and operating the properties now owned
by the United States in the vicinity of Muscle Shoals, Alabama, in the
interest of the National defense and for agricultural and industrial
development, and to improve navigation in the Tennessee River and to
control the destructive flood waters in the Tennessee River and
Mississippi River Basins, there is created a body corporate by the name
of the ''Tennessee Valley Authority'' (hereinafter referred to as the
''Corporation''). The board of directors first appointed shall be
deemed the incorporators, and the incorporation shall be held to have
been effected from the date of the first meeting of the board. This
chapter may be cited as the ''Tennessee Valley Authority Act of 1933.''
(May 18, 1933, ch. 32, 1, 48 Stat. 58.)
Financial control of Government Corporations, see section 9101 et
seq. of Title 31, Money and Finance.
16 USC 831a. Directors of the Authority
TITLE 16 -- CONSERVATION
(a) Composition of board; appointment and designation
The board of directors of the Corporation (hereinafter referred to as
the ''board'') shall be composed of three members, to be appointed by
the President, by and with the advice and consent of the Senate. In
appointing the members of the board, the President shall designate the
chairman. All other officials, agents, and employees shall be
designated and selected by the board.
(b) Terms of office; successors
The terms of office of the members first taking office after May 18,
1933, shall expire as designated by the President at the time of
nomination, one at the end of the third year, one at the end of the
sixth year, and one at the end of the ninth year, after May 18, 1933. A
successor to a member of the board shall be appointed in the same manner
as the original members and shall have a term of office expiring nine
years from the date of the expiration of the term for which his
predecessor was appointed.
(c) Vacancies
Any member appointed to fill a vacancy in the board occurring prior
to the expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term.
(d) Quorums
Vacancies in the board, so long as there shall be two members in
office, shall not impair the powers of the board to execute the
functions of the Corporation, and two of the members in office shall
constitute a quorum for the transaction of the business of the board.
(e) Citizenship; compensation; Government housing; reimbursement
for expenses; outside businesses
Each of the members of the board shall be a citizen of the United
States. The compensation of each member of the board shall be paid by
the Corporation as current expenses. Each member of the board, in
addition to his salary, shall be permitted to occupy as his residence
one of the dwelling houses owned by the Government in the vicinity of
Muscle Shoals, Alabama, the same to be designated by the President of
the United States. Members of the board shall be reimbursed by the
Corporation for actual expenses (including traveling and subsistence
expenses) incurred by them in the performance of the duties vested in
the board by this chapter. No member of said board shall, during his
continuance in office, be engaged in any other business, but each member
shall devote himself to the work of the Corporation.
(f) Conflicts of interest
No director shall have financial interest in any public-utility
corporation engaged in the business of distributing and selling power to
the public nor in any corporation engaged in the manufacture, selling,
or distribution of fixed nitrogen or fertilizer, or any ingredients
thereof, nor shall any member have any interest in any business that may
be adversely affected by the success of the Corporation as a producer of
concentrated fertilizers or as a producer of electric power.
(g) Function of board
The board shall direct the exercise of all the powers of the
Corporation.
(h) Confidence in the Authority
All members of the board shall be persons who profess a belief in the
feasibility and wisdom of this chapter.
(May 18, 1933, ch. 32, 2, 48 Stat. 59.)
Provisions covering the compensation of members of the board have
been omitted as compensation of the Chairman and members of the board is
covered by sections 5314 and 5315 of Title 5, Government Organization
and Employees.
For assignment of certain emergency preparedness functions to Board
of Directors of Tennessee Valley Authority, see Parts 1, 2, and 24 of
Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note
under section 2251 of Title 50, Appendix, War and National Defense.
16 USC 831b. Officers and employees; wages of laborers and mechanics;
application of employees' compensation provisions
TITLE 16 -- CONSERVATION
The board shall without regard to the provisions of Civil Service
laws applicable to officers and employees of the United States, appoint
such managers, assistant managers, officers, employees, attorneys, and
agents as are necessary for the transaction of its business, fix their
compensation, define their duties, and provide a system of organization
to fix responsibility and promote efficiency. Any appointee of the
board may be removed in the discretion of the board. No regular officer
or employee of the Corporation shall receive a salary in excess of that
received by the members of the board.
All contracts to which the Corporation is a party and which require
the employment of laborers and mechanics in the construction,
alteration, maintenance, or repair of buildings, dams, locks, or other
projects shall contain a provision that not less than the prevailing
rate of wages for work of a similar nature prevailing in the vicinity
shall be paid to such laborers or mechanics.
In the event any dispute arises as to what are the prevailing rates
of wages, the question shall be referred to the Secretary of Labor for
determination, and his decision shall be final. In the determination of
such prevailing rate or rates, due regard shall be given to those rates
which have been secured through collective agreement by representatives
of employers and employees.
Where such work as is described in the two preceding paragraphs is
done directly by the Corporation the prevailing rate of wages shall be
paid in the same manner as though such work had been let by contract.
Insofar as applicable, the benefits of subchapter I of chapter 81 of
title 5 shall extend to persons given employment under the provisions of
this chapter.
(May 18, 1933, ch. 32, 3, 48 Stat. 59; June 6, 1972, Pub. L.
92-310, title II, 225(a), 86 Stat. 206.)
The Civil Service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5. Offices and positions in the Tennessee Valley
Authority were specifically excepted from the provisions of the Ramspeck
Act (act Nov. 26, 1940, ch. 919, title I, 1, 54 Stat. 1211), which
authorized the President to cover into the classified (competitive)
civil service any offices or positions in the executive branch.
In the last par., ''subchapter I of chapter 81 of title 5''
substituted for ''the Act entitled 'An Act to provide compensation for
employees of the United States suffering injuries while in the
performance of their duties, and for other purposes,' approved September
7, 1916, as amended'' on authority of Pub. L. 89-554, 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
1972 -- Pub. L. 92-310 struck out provisions which permitted the
board to require bonds from managers, assistant managers, officers,
employees, attorneys, and agents.
Pub. L. 102-377, title IV, Oct. 2, 1992, 106 Stat. 1342, provided:
''That this appropriation and other moneys available to the Tennessee
Valley Authority may be used hereafter for payment of the allowances
authorized by section 5948 of title 5, United States Code''.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-104, title IV, Aug. 17, 1991, 105 Stat. 535.
Pub. L. 101-514, title IV, Nov. 5, 1990, 104 Stat. 2097.
Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 665.
Pub. L. 100-371, title IV, July 19, 1988, 102 Stat. 873.
Pub. L. 100-202, 101(d) (title IV), Dec. 22, 1987, 101 Stat.
1329-104, 1329-129.
Pub. L. 99-500, 101(e) (title IV), Oct. 18, 1986, 100 Stat.
1783-194, 1783-212, and Pub. L. 99-591, 101(e) (title IV), Oct. 30,
1986, 100 Stat. 3341-194, 3341-212.
Customs Courts Act of 1980 as not affecting authority of Tennessee
Valley Authority under this chapter to represent itself by attorneys of
its choosing, see Pub. L. 96-417, title VII, 705, Oct. 10, 1980, 94
Stat. 1748, set out as a note under section 251 of Title 28, Judiciary
and Judicial Procedure.
16 USC 831b-1. Acceptance of services of volunteers
TITLE 16 -- CONSERVATION
The Tennessee Valley Authority may on and after September 29, 1989,
accept the services of volunteers and, from any funds available to it,
provide for their incidental expenses to carry out any activity of the
Tennessee Valley Authority except policymaking or law or regulatory
enforcement. Such volunteers shall not be deemed employees of the
United States Government, except for the purposes of chapter 81 of title
5 relating to compensation for work injuries, and shall not be deemed
employees of the Tennessee Valley Authority except for the purposes of
tort claims to the same extent as a regular employee of the Tennessee
Valley Authority would be under identical circumstances.
(Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 665.)
Section was enacted as part of the Energy and Water Development
Appropriations Act, 1990, and not as part of the Tennessee Valley
Authority Act of 1933 which comprises this chapter.
16 USC 831c. Corporate powers generally; eminent domain;
construction of dams, transmission lines, etc.
TITLE 16 -- CONSERVATION
Except as otherwise specifically provided in this chapter, the
Corporation --
(a) Shall have succession in its corporate name.
(b) May sue and be sued in its corporate name.
(c) May adopt and use a corporate seal, which shall be judicially
noticed.
(d) May make contracts, as herein authorized.
(e) May adopt, amend, and repeal bylaws.
(f) May purchase or lease and hold such real and personal property as
it deems necessary or convenient in the transaction of its business, and
may dispose of any such personal property held by it.
The board shall select a treasurer and as many assistant treasurers
as it deems proper: Provided, That any member of said board may be
removed from office at any time by a concurrent resolution of the Senate
and the House of Representatives.
(g) Shall have such powers as may be necessary or appropriate for the
exercise of the powers herein specifically conferred upon the
Corporation.
(h) Shall have power in the name of the United States of America to
exercise the right of eminent domain, and in the purchase of any real
estate or the acquisition of real estate by condemnation proceedings,
the title to such real estate shall be taken in the name of the United
States of America, and thereupon all such real estate shall be entrusted
to the Corporation as the agent of the United States to accomplish the
purposes of this chapter.
(i) Shall have power to acquire real estate for the construction of
dams, reservoirs, transmission lines, power houses, and other
structures, and navigation projects at any point along the Tennessee
River, or any of its tributaries, and in the event that the owner or
owners of such property shall fail and refuse to sell to the Corporation
at a price deemed fair and reasonable by the board, then the Corporation
may proceed to exercise the right of eminent domain, and to condemn all
property that it deems necessary for carrying out the purposes of this
chapter, and all such condemnation proceedings shall be had pursuant to
the provisions and requirements hereinafter specified, with reference to
any and all condemnation proceedings: Provided, That nothing contained
herein or elsewhere in this chapter shall be construed to deprive the
Corporation of the rights conferred by sections 258a to 258e-1 of title
40.
(j) Shall have power to construct such dams, and reservoirs, in the
Tennessee River and its tributaries, as in conjunction with Wilson Dam,
and Norris, Wheeler, and Pickwick Landing Dams, now under construction,
will provide a nine-foot channel in the said river and maintain a water
supply for the same, from Knoxville to its mouth, and will best serve to
promote navigation on the Tennessee River and its tributaries and
control destructive flood waters in the Tennessee and Mississippi River
drainage basins; and shall have power to acquire or construct power
houses, power structures, transmission lines, navigation projects, and
incidental works in the Tennessee River and its tributaries, and to
unite the various power installations into one or more systems by
transmission lines.
(k) Shall have power in the name of the United States --
(a) to convey by deed, lease, or otherwise, any real property in the
possession of or under the control of the Corporation to any person or
persons, for the purpose of recreation or use as a summer residence, or
for the operation on such premises of pleasure resorts for boating,
fishing, bathing, or any similar purpose;
(b) to convey by deed, lease, or otherwise, the possession and
control of any such real property to any corporation, partnership,
person, or persons for the purpose of erecting thereon docks and
buildings for shipping purposes or the manufacture or storage thereon of
products for the purpose of trading or shipping in transportation:
Provided, That no transfer authorized herein in (b) shall be made
without the approval of Congress: And provided further, That said
corporation, without further action of Congress, shall have power to
convey by deed, lease, or otherwise, to the Ingalls Shipbuilding
Corporation, a tract or tracts of land at or near Decatur, Alabama, and
to the Commercial Barge Lines, Inc., a tract or tracts of land at or
near Guntersville, Alabama;
(c) to transfer any part of the possession and control of the real
estate now in possession of and under the control of said Corporation to
any other department, agency, or instrumentality of the United States:
Provided, however, That no land shall be conveyed, leased, or
transferred, upon which there is located any permanent dam,
hydroelectric power plant, or munitions plant heretofore or hereafter
built by or for the United States or for the Authority, except that this
prohibition shall not apply to the transfer of Nitrate Plant Numbered 1,
at Muscle Shoals, Alabama, or to Waco Quarry: And provided further,
That no transfer authorized herein in (a) or (c) except leases for terms
of less than twenty years, shall be made without the approval of the
President of the United States, if the property to be conveyed exceeds
$500 in value; and
(d) to convey by warranty deed, or otherwise, lands, easements, and
rights-of-way to States, counties, municipalities, school districts,
railroad companies, telephone, telegraph, water, and power companies,
where any such conveyance is necessary in order to replace any such
lands, easements, or rights-of-way to be flooded or destroyed as the
result of the construction of any dam or reservoir now under
construction by the Corporation, or subsequently authorized by Congress,
and easements and rights-of-way upon which are located transmission or
distribution lines. The Corporation shall also have power to convey or
lease Nitrate Plant Numbered 1, at Muscle Shoals, Alabama, and Waco
Quarry, with the approval of the Department of the Army and the
President.
(l) Shall have power to advise and cooperate in the readjustment of
the population displaced by the construction of dams, the acquisition of
reservoir areas, the protection of watersheds, the acquisition of
rights-of-way, and other necessary acquisitions of land, in order to
effectuate the purposes of the chapter; and may cooperate with Federal,
State, and local agencies to that end.
(May 18, 1933, ch. 32, 4, 48 Stat. 60; Aug. 31, 1935, ch. 836,
1-3, 13, 49 Stat. 1075, 1076, 1080; July 18, 1941, ch. 309, 55 Stat.
599; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501; June 6,
1972, Pub. L. 92-310, title II 225(b), 86 Stat. 206.)
Subsec. (j), last sentence, directed the directors of the Authority
to report their recommendations to Congress not later than April 1,
1936, and has been omitted as executed.
1972 -- Subsec. (f). Pub. L. 92-310 struck out provisions which
required the treasurer and assistant treasurers to give bonds for the
safekeeping of securities and moneys of the Corporation.
1941 -- Subsec. (k). Act July 18, 1941, amended subsec. (k)
generally.
1935 -- Subsec. (i). Act Aug. 31, 1935, 1, inserted proviso.
Subsec. (j). Act Aug. 31, 1935, 2, amended subsec. (j) generally.
Subsec. (k). Act Aug. 31, 1935, 3, added subsec. (k).
Subsec. (l). Act Aug. 31, 1935, 13, added subsec. (l).
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Authority of President under subsec. (k) of this section to approve
transfers under subsecs. (a) and (c) of this section, other than leases
for terms of less than 20 years and conveyances of property having a
value not in excess of $500, delegated to Administrator of General
Services, see section 1(16) of Ex. Ord. No. 11609, July 22, 1971, 36
F.R. 13747, set out as a note under section 301 of Title 3, The
President.
16 USC 831c-1. Bridges endangered or damaged by dams, etc.;
compensation of and contracts with owner for protection, replacement,
etc.
TITLE 16 -- CONSERVATION
(a) Structures on Tennessee River or tributaries
Whenever, as the result of the construction of any dam, reservoir, or
other improvement under the provisions of this chapter, or amendments
thereto, including any improvement of the navigable channel to
accommodate the growth of navigation or changes in navigation
requirements within the reservoir created by any dam in the custody of
the Tennessee Valley Authority, any bridge, trestle, or other highway or
railroad structure located over, upon, or across the Tennessee River or
any of its navigable tributaries, including approaches, fenders and
appurtenances thereto, is endangered or otherwise adversely affected and
damaged, including any interference with or impairment of its use, or,
in the judgment of the Board of Directors of the Tennessee Valley
Authority, needs to be raised, widened, or otherwise altered to provide
the navigation clearances required for completion of the navigable
channel to be provided by such improvement, to the extent that
protection, alteration, reconstruction, relocation, or replacement is
necessary or proper to preserve its safety or utility or to meet the
requirements of navigation or flood control, or both, the owner or
owners of such bridge, trestle, or structure shall be compensated by the
Tennessee Valley Authority in the sum of the reasonable actual cost of
such protection, alteration, reconstruction, relocation, or replacement:
Provided, That in arriving at the amount of such compensation the
bridge owner shall be charged with a sum which shall equal the net value
to the owner of any direct and special benefits accruing to the owner
from any improvement or addition or betterment of the altered,
reconstructed, relocated, or replaced bridge, trestle, or structure.
The Tennessee Valley Authority is empowered to contract with such owner
with respect to any such protection, alteration, reconstruction,
relocation, or replacement, the payment of the cost thereof and its
proper division, which contract may provide either for money
compensation or for the performance of all or any part of the work by
the Tennessee Valley Authority.
(b) Suit on contracts
In the event of a failure to agree upon the terms and conditions of
any such contract, or upon any default in the performance of any
contract entered into pursuant to this section, the bridge owner or the
Tennessee Valley Authority shall have the right to bring suit to enforce
its right or for a declaration of its rights under this section, or
under any such contract, in the district court of the United States for
the district in which the property in question is located. In any such
proceeding the court shall apportion the total cost of the work between
the Tennessee Valley Authority and the owner in accord with the
provisions contained in this section. The Tennessee Valley Authority's
share of the cost of any such protection, alteration, reconstruction,
relocation, or replacement, under any contract made or judgment, award,
or decree rendered under the provisions of this section may be paid out
of any funds available for carrying out the provisions of this chapter,
and appropriations for that purpose are hereby authorized: Provided,
That, prior to such alteration, reconstruction, or relocation of said
bridges, the location and plans shall be submitted to and approved by
the Secretary of Transportation in accordance with existing laws.
(Nov. 21, 1941, ch. 480, 55 Stat. 773; Sept. 26, 1968, Pub. L.
90-524, 82 Stat. 876.)
Section was not enacted as part of the Tennessee Valley Authority Act
which comprises this chapter.
1968 -- Pub. L. 90-524 permitted the Authority to use appropriated
funds to cover the Federal share of the cost of necessary bridge
alterations where the alterations are obtained by agreement with the
bridge owner, made this section applicable to alterations required by
new reservoir projects and by realignment or other changes of the
navigation channel to accommodate the growth of traffic or changes in
navigation requirements within existing reservoirs, and substituted the
Secretary of Transportation for the Chief of Engineers and the Secretary
of the Army as the approving official.
16 USC 831c-2. Civil actions for injury or loss of property or
personal injury or death
TITLE 16 -- CONSERVATION
(a) Exclusiveness of remedy
(1) An action against the Tennessee Valley Authority for injury or
loss of property, or personal injury or death arising or resulting from
the negligent or wrongful act or omission of any employee of the
Tennessee Valley Authority while acting within the scope of this office
or employment is exlusive /1/ of any other civil action or proceeding by
reason of the same subject matter against the employee or his estate
whose act or omission gave rise to the claim. Any other civil action or
proceeding arising out of or relating to the same subject matter against
the employee or his estate is precluded without regard to when the act
or omission occurred.
(2) Paragraph (1) does not extend or apply to a cognizable action
against an employee of the Tennessee Valley Authority for money damages
for a violation of the Constitution of the Untied States.
(b) Representation and removal
(1) Upon certification by the Tennessee Valley Authority that the
defendant employee was acting within the scope of his office or
employment at the time of the incident out of which the claim arose, any
civil action or proceeding heretofore or hereafter commenced upon such
claim in a United States district court shall be deemed an action
against the Tennessee Valley Authority pursuant to 16 U.S.C. 831c(b) and
the Tennessee Valley Authority shall be substituted as the party
defendant.
(2) Upon certification by the Tennessee Valley Authority that the
defendant employee was acting within the scope of his office or
employment at the time of the incident out of which the claim arose, any
civil action or proceeding commenced upon such claim in a State court
shall be removed without bond at any time before trial by the Tennessee
Valley Authority to the district court of the United States for the
district and division embracing the place wherein it is pending. Such
action shall be deemed an action brought against the Tennessee Valley
Authority under the provisions of this title /2/ and all references
thereto, and the Tennessee Valley Authority shall be substituted as the
party defendant. This certification of the Tennessee Valley Authority
shall conclusively establish scope of office or employment for purposes
of removal.
(3) In the event that the Tennessee Valley Authority has refused to
certify scope of office or employment under this section, the employee
may at any time before trial petition the court to find and certify that
the employee was acting within the scope of his office or employment.
Upon such certification by the court, such action shall be deemed an
action brought against the Tennessee Valley Authority, and the Tennessee
Valley Authority shall be substituted as the party defendant. A copy of
the petition shall be served upon the Tennessee Valley Authority in
accordance with the Federal Rules of Civil Procedure. In the event the
petition is filed in a civil action or proceeding pending in a State
court, the action or proceeding may be removed without bond by the
Tennessee Valley Authority to the district court of the United States
for the district and division embracing the place in which it is
pending. If, in considering the petition, the district court determines
that the employee was not acting within the scope of his office or
employment, the action or proceeding shall be remanded to the State
court.
(4) Upon certification, any actions subject to paragraph (1), (2), or
(3) shall proceed in the same manner as any action against the Tennessee
Valley Authority and shall be subject to the limitations and exceptions
applicable to those actions.
(Pub. L. 100-694, 9(a), (b), Nov. 18, 1988, 102 Stat. 4566.)
This title, referred to in subsec. (b)(2), probably should be this
section, as Pub. L. 100-694, which enacted this section, did not
contain titles.
The Federal Rules of Civil Procedure, referred to in subsec. (b)(3),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section was enacted as part of the Federal Employees Liability Reform
and Tort Compensation Act of 1988, and not as part of the Tennessee
Valley Authority Act of 1933, which comprises this chapter.
Section effective Nov. 18, 1988, and applicable to all claims, civil
actions, and proceedings pending on, or filed on or after Nov. 18,
1988, see section 8 of Pub. L. 100-694, set out as an Effective Date of
1988 Amendment note under section 2679 of Title 28, Judiciary and
Judicial Procedure.
/1/ So in original. Probably should be ''exclusive''.
/2/ See References in Text note below.
16 USC 831d. Directors; maintenance and operation of plant for
production, sale, and distribution of fertilizer and power
TITLE 16 -- CONSERVATION
The board is authorized --
(a) To contract with commercial producers for the production of such
fertilizers or fertilizer materials as may be needed in the Government's
program of development and introduction in excess of that produced by
Government plants. Such contracts may provide either for outright
purchase of materials by the board or only for the payment of carrying
charges on special materials manufactured at the board's request for its
program.
(b) To arrange with farmers and farm organizations for large-scale
practical use of the new forms of fertilizers under conditions
permitting an accurate measure of the economic return they produce.
(c) To cooperate with National, State, district, or county
experimental stations or demonstration farms, with farmers, landowners,
and associations of farmers or landowners, for the use of new forms of
fertilizer or fertilizer practices during the initial or experimental
period of their introduction, and for promoting the prevention of soil
erosion by the use of fertilizers and otherwise.
(d) The board, in order to improve and cheapen the production of
fertilizer, is authorized to manufacture and sell fixed nitrogen,
fertilizer, and fertilizer ingredients at Muscle Shoals by the
employment of existing facilities, by modernizing existing plants, or by
any other process or processes that in its judgment shall appear wise
and profitable for the fixation of atmospheric nitrogen or the
cheapening of the production of fertilizer.
(e) Under the authority of this chapter the board may make donations
or sales of the product of the plant or plants operated by it to be
fairly and equitably distributed through the agency of county
demonstration agents, agricultural colleges, or otherwise as the board
may direct, for experimentation, education, and introduction of the use
of such products in cooperation with practical farmers so as to obtain
information as to the value, effect, and best methods of their use.
(f) The board is authorized to make alterations, modifications, or
improvements in existing plants and facilities, and to construct new
plants.
(g) In the event it is not used for the fixation of nitrogen for
agricultural purposes or leased, then the board shall maintain in
stand-by condition nitrate plant numbered 2, or its equivalent, for the
fixation of atmospheric nitrogen, for the production of explosives in
the event of war or a national emergency, until the Congress shall by
joint resolution release the board from this obligation, and if any part
thereof be used by the board for the manufacture of phosphoric acid or
potash, the balance of nitrate plant numbered 2 shall be kept in
stand-by condition.
(h) To establish, maintain, and operate laboratories and experimental
plants, and to undertake experiments for the purpose of enabling the
Corporation to furnish nitrogen products for military purposes, and
nitrogen and other fertilizer products for agricultural purposes in the
most economical manner and at the highest standard of efficiency.
(i) To request the assistance and advice of any officer, agent, or
employee of any executive department or of any independent office of the
United States, to enable the Corporation the better to carry out its
powers successfully, and as far as practicable shall utilize the
services of such officers, agents, and employees, and the President
shall, if in his opinion the public interest, service, or economy so
require, direct that such assistance, advice, and service be rendered to
the Corporation, and any individual that may be by the President
directed to render such assistance, advice, and service shall be
thereafter subject to the orders, rules, and regulations of the board:
Provided, That any invention or discovery made by virtue of and
incidental to such service by an employee of the Government of the
United States serving under this section, or by any employee of the
Corporation, together with any patents which may be granted thereon,
shall be the sole and exclusive property of the Corporation, which is
authorized to grant such licenses thereunder as shall be authorized by
the board: Provided further, That the board may pay to such inventor
such sum from the income from sale of licenses as it may deem proper.
(j) Upon the requisition of the Secretary of the Army or the
Secretary of the Navy to manufacture for and sell at cost to the United
States explosives or their nitrogenous content.
(k) Upon the requisition of the Secretary of the Army, the
Corporation shall allot and deliver without charge to the Department of
the Army so much power as shall be necessary in the judgment of said
Department for use in operation of all locks, lifts, or other facilities
in aid of navigation.
(l) To produce, distribute, and sell electric power, as herein
particularly specified.
(May 18, 1933, ch. 32, 5, 48 Stat. 61; Aug. 31, 1935, ch. 836, 4,
49 Stat. 1076; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501;
July 3, 1952, ch. 570, 2(a), 66 Stat. 334; Aug. 6, 1959, Pub. L.
86-137, 3, 73 Stat. 285; Sept. 14, 1976, Pub. L. 94-412, title V,
501(d), 90 Stat. 1258.)
Former subsec. (n) authorized President within twelve months after
May 18, 1933, to lease nitrate plant numbered 2 and Waco Quarry for
production of fertilizer, and has been omitted as executed.
1976 -- Subsec. (m). Pub. L. 94-412 struck out subsec. (m) which
barred sale of TVA products outside United States except to Government
for military use or its allies in case of war or until six months after
termination of Korean emergency.
1959 -- Subsec. (m). Pub. L. 86-137 excepted ferrophosphorus.
1952 -- Subsec. (m). Joint Res. July 3, 1952, inserted ''or, until
six months after the termination of the national emergency proclaimed by
the President on December 16, 1950, or until such earlier date or dates
as the Congress by concurrent resolution or the President may provide
but in no event after April 1, 1953, to nations associated with the
United States in defense activities''.
1935 -- Subsec. (c). Act Aug. 31, 1935, inserted ''with farmers,
landowners, and associations of farmers and landowners,'' after
''demonstration farms'' and ''and for promoting the prevention of soil
erosion by the use of fertilizers and otherwise'' after ''period of
their introduction''.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Section 7 of Joint Res. July 3, 1952, provided that the amendment is
effective June 16, 1952.
Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334,
repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended
by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June
14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526,
66 Stat. 296, which continued provisions of subsection (m) relating to
sales to allies until July 3, 1952. This repeal was to take effect as
of June 16, 1952, by section 7 of Joint Res. July 3, 1952.
Repeal of subsec. (m) of this section by Pub. L. 94-412, not to
affect any action taken or proceeding pending at the time of repeal, see
section 501(h) of Pub. L. 94-412, set out as a note under section 1601
of Title 50, War and National Defense.
For transfer of certain functions insofar as they pertain to Air
Force, and to extent that they were not previously transferred to
Secretary of the Air Force from Secretary of the Army, see Secretary of
Defense Transfer Order No. 40 (App. A(40)), July 22, 1949.
Section 1 of Joint Res. Mar. 31, 1953, ch. 13, 67 Stat. 18,
provided for the extension of certain emergency provisions (previously
extended to April 1, 1953, by Joint Res. July 3, 1952, ch. 570, 2(a),
66 Stat. 334) until July 1, 1953. Section 2 of said Joint Res. Mar.
31, 1953, provided that such extension did not apply to the provisions
of this section.
16 USC 831e. Officers and employees; nonpolitical appointment;
removal for violation
TITLE 16 -- CONSERVATION
In the appointment of officials and the selection of employees for
said Corporation, and in the promotion of any such employees or
officials, no political test or qualification shall be permitted or
given consideration, but all such appointments and promotions shall be
given and made on the basis of merit and efficiency. Any member of said
board who is found by the President of the United States to be guilty of
a violation of this section shall be removed from office by the
President of the United States, and any appointee of said board who is
found by the board to be guilty of a violation of this section shall be
removed from office by said board.
(May 18, 1933, ch. 32, 6, 48 Stat. 63.)
16 USC 831f. Control of plants and property vested in Corporation;
transfer of other property to Corporation
TITLE 16 -- CONSERVATION
In order to enable the Corporation to exercise the powers and duties
vested in it by this chapter --
(a) The exclusive use, possession, and control of the United States
nitrate plants numbered 1 and 2, including steam plants, located,
respectively, at Sheffield, Alabama, and Muscle Shoals, Alabama,
together with all real estate and buildings connected therewith, all
tools and machinery, equipment, accessories, and materials belonging
thereto, and all laboratories and plants used as auxiliaries thereto;
the fixed-nitrogen research laboratory, the Waco limestone quarry, in
Alabama, and Dam Numbered 2, located at Muscle Shoals, its power house,
and all hydroelectric and operating appurtenances (except the locks),
and all machinery, lands, and buildings in connection therewith, and all
appurtenances thereof, and all other property to be acquired by the
Corporation in its own name or in the name of the United States of
America, are intrusted to the Corporation for the purposes of this
chapter.
(b) The President of the United States is authorized to provide for
the transfer to the Corporation of the use, possession, and control of
such other real or personal property of the United States as he may from
time to time deem necessary and proper for the purposes of the
Corporation as herein stated.
(May 18, 1933, ch. 32, 7, 48 Stat. 63.)
Authority of President under subsection (b) of this section to
provide for transfer to Tennessee Valley Authority of use, possession,
and control of real or personal property of United States deemed by
Administrator of General Services to be necessary and proper for
purposes of that Authority as provided for in this section, delegated to
Administrator of General Services, see section 1(17) of Ex. Ord. No.
11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301
of Title 3, The President.
16 USC 831g. Principal office of Corporation; books; directors' oath
TITLE 16 -- CONSERVATION
(a) Location
The Corporation shall maintain its principal office in the immediate
vicinity of Muscle Shoals, Alabama. The Corporation shall be held to be
an inhabitant and resident of the northern judicial district of Alabama
within the meaning of the laws of the United States relating to the
venue of civil suits.
(b) Account books
The Corporation shall at all times maintain complete and accurate
books of accounts.
(c) Oath of office
Each member of the board, before entering upon the duties of his
office, shall subscribe to an oath (or affirmation) to support the
Constitution of the United States and to faithfully and impartially
perform the duties imposed upon him by this chapter.
(May 18, 1933, ch. 32, 8, 48 Stat. 63.)
16 USC 831h. Annual financial statement; purchases and contracts;
audit by Comptroller General
TITLE 16 -- CONSERVATION
(a) Financial statement and report
The board shall file with the President and with the Congress, in
March of each year, a financial statement and a complete report as to
the business of the Corporation covering the preceding governmental
fiscal year. This report shall include an itemized statement of the
cost of power at each power station, the total number of employees and
the names, salaries, and duties of those receiving compensation at the
rate of more than $1,500 a year.
(b) Bids; audits; settlements; accounts; contracts
All purchases and contracts for supplies or services, except for
personal services, made by the Corporation, shall be made after
advertising, in such manner and at such times sufficiently in advance of
opening bids, as the Board shall determine to be adequate to insure
notice and opportunity for competition: Provided, That advertisement
shall not be required when, (1) an emergency requires immediate delivery
of the supplies or performance of the services; or (2) repair parts,
accessories, supplemental equipment, or services are required for
supplies or services previously furnished or contracted for; or (3) the
aggregate amount involved in any purchase of supplies or procurement of
services does not exceed $25,000; in which cases such purchases of
supplies or procurement of services may be made in the open market in
the manner common among businessmen: Provided further, That in
comparing bids and in making awards the Board may consider such factors
as relative quality and adaptability of supplies or services, the
bidder's financial responsibility, skill, experience, record of
integrity in dealing, ability to furnish repairs and maintenance
services, the time of delivery or performance offered, and whether the
bidder has complied with the specifications.
The Comptroller General of the United States shall audit the
transactions of the Corporation at such times as he shall determine, but
not less frequently than once each governmental fiscal year, with
personnel of his selection. In such connection he and his
representatives shall have free and open access to all papers, books,
records, files, accounts, plants, warehouses, offices, and all other
things, property, and places belonging to or under the control of or
used or employed by the Corporation, and shall be afforded full
facilities for counting all cash and verifying transactions with and
balances in depositaries. He shall make report of each such audit in
quadruplicate, one copy for the President of the United States, one for
the chairman of the Board, one for public inspection at the principal
office of the Corporation, and the other to be retained by him for the
uses of the Congress: Provided, That such report shall not be made
until the Corporation shall have had reasonable opportunity to examine
the exceptions and criticisms of the Comptroller General or the General
Accounting Office, to point out errors therein, explain or answer the
same, and to file a statement which shall be submitted by the
Comptroller General with his report. The expenses for each such audit
shall be paid from any appropriation or appropriations for the General
Accounting Office, and such part of such expenses as may be allocated to
the cost of generating, transmitting, and distributing electric energy
shall be reimbursed promptly by the Corporation as billed by the
Comptroller General. Nothing in this chapter shall be construed to
relieve the Treasurer or other accountable officers or employees of the
Corporation from compliance with the provisions of existing law
requiring the rendition of accounts for adjustment and settlement
pursuant to sections 3526(a) and 3702(a) of title 31, and accounts for
all receipts and disbursements by or for the Corporation shall be
rendered accordingly: Provided, That, subject only to the provisions of
this chapter, the Corporation is authorized to make such expenditures
and to enter into such contracts, agreements, and arrangements, upon
such terms and conditions and in such manner as it may deem necessary,
including the final settlement of all claims and litigation by or
against the Corporation; and, notwithstanding the provisions of any
other law governing the expenditure of public funds, the General
Accounting Office, in the settlement of the accounts of the Treasurer or
other accountable officer or employee of the Corporation, shall not
disallow credit for, nor withhold funds because of, any expenditure
which the Board shall determine to have been necessary to carry out the
provisions of said chapter.
The Corporation shall determine its own system of administrative
accounts and the forms and contents of its contracts and other business
documents except as otherwise provided in this chapter.
(May 18, 1933, ch. 32, 9, 48 Stat. 63; Aug. 31, 1935, ch. 836, 14,
49 Stat. 1080; Nov. 21, 1941, ch. 485, 55 Stat. 775; Aug. 30, 1954,
ch. 1076, 1 (32), 68 Stat. 968; July 25, 1974, Pub. L. 93-356, 5, 88
Stat. 390; Apr. 21, 1976, Pub. L. 94-273, 5(1), 90 Stat. 377; Dec. 1,
1983, Pub. L. 98-191, 9(d), 97 Stat. 1332.)
In the second par. of subsec. (b), ''sections 3526(a) and 3702(a)
of title 31'' substituted for ''section 236, Revised Statutes, as
amended by section 305 of the Budget and Accounting Act, 1921 (42 Stat.
24 (31 U.S.C. 71))'' on authority of Pub. L. 97-258, 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
1983 -- Subsec. (b)(3). Pub. L. 98-191 substituted ''$25,000'' for
''$10,000''.
1976 -- Subsec. (a). Pub. L. 94-273 substituted ''March'' for
''December''.
1974 -- Subsec. (b)(3). Pub. L. 93-356 substituted ''$10,000'' for
''$500''.
1954 -- Subsec. (b). Act Aug. 30, 1954, in second paragraph,
repealed a sentence requiring the Comptroller General to make special
reports of any transactions or conditions found to be in conflict with
the powers or duties entrusted to the Tennessee Valley Authority by law,
such provision now being covered by section 9101 et seq. of Title 31,
Money and Finance.
1941 -- Subsec. (b). Act Nov. 21, 1941, inserted last paragraph and
last sentence of next to last paragraph.
1935 -- Subsec. (b). Act Aug. 31, 1935, amended subsec. (b)
generally.
Tennessee Valley Authority audits unaffected by single audit
requirements of chapter 75 ( 7501 et seq.) of Title 31, Money and
Finance, see section 2(b) of Pub. L. 98-502, set out as a note under
section 7501 of Title 31.
Section 9105(f) of Title 31, Money and Finance, provides that the
audit provided in section 9105(a) of Title 31 shall be in lieu of any
audit of the financial transactions of any Government corporation
required to be made by the General Accounting Office for the purpose of
a report to the Congress or to the President under any existing law.
3720, 3720A; title 41 section 612.
16 USC 831h-1. Operation of dams primarily for promotion of navigation
and controlling floods; generation and sale of electricity
TITLE 16 -- CONSERVATION
The Board is directed in the operation of any dam or reservoir in its
possession and control to regulate the stream flow primarily for the
purposes of promoting navigation and controlling floods. So far as may
be consistent with such purposes, the Board is authorized to provide and
operate facilities for the generation of electric energy at any such dam
for the use of the Corporation and for the use of the United States or
any agency thereof, and the Board is further authorized, whenever an
opportunity is afforded, to provide and operate facilities for the
generation of electric energy in order to avoid the waste of water
power, to transmit and market such power as in this chapter provided,
and thereby, so far as may be practicable, to assist in liquidating the
cost or aid in the maintenance of the projects of the Authority.
(May 18, 1933, ch. 32, 9a, as added Aug. 31, 1935, ch. 836, 5, 49
Stat. 1076.)
16 USC 831h-2. Repealed. Pub. L. 86-137, 1, Aug. 6, 1959, 73 Stat.
280
TITLE 16 -- CONSERVATION
Section, act July 30, 1947, ch. 358, title II, 201, 61 Stat. 574,
placed a limitation on use of power revenues of the Tennessee Valley
Authority. See section 831n-4 of this title.
16 USC 831i. Sale of surplus power; preferences; experimental work;
acquisition of existing electric facilities
TITLE 16 -- CONSERVATION
The Board is empowered and authorized to sell the surplus power not
used in its operations, and for operation of locks and other works
generated by it, to States, counties, municipalities, corporations,
partnerships, or individuals, according to the policies hereinafter set
forth; and to carry out said authority, the Board is authorized to
enter into contracts for such sale for a term not exceeding twenty
years, and in the sale of such current by the Board it shall give
preference to States, counties, municipalities, and cooperative
organizations of citizens or farmers, not organized or doing business
for profit, but primarily for the purpose of supplying electricity to
its own citizens or members: Provided, That all contracts made with
private companies or individuals for the sale of power, which power is
to be resold for a profit, shall contain a provision authorizing the
Board to cancel said contract upon five years' notice in writing, if the
Board needs said power to supply the demands of States, counties, or
municipalities. In order to promote and encourage the fullest possible
use of electric light and power on farms within reasonable distance of
any of its transmission lines the Board in its discretion shall have
power to construct transmission lines to farms and small villages that
are not otherwise supplied with electricity at reasonable rates, and to
make such rules and regulations governing such sale and distribution of
such electric power as in its judgment may be just and equitable:
Provided further, That the Board is authorized and directed to make
studies, experiments, and determinations to promote the wider and better
use of electric power for agricultural and domestic use, or for small or
local industries, and it may cooperate with State governments, or their
subdivisions or agencies, with educational or research institutions, and
with cooperatives or other organizations, in the application of electric
power to the fuller and better balanced development of the resources of
the region: Provided further, That the Board is authorized to include
in any contract for the sale of power such terms and conditions,
including resale rate schedules, and to provide for such rules and
regulations as in its judgment may be necessary or desirable for
carrying out the purposes of this chapter, and in case the purchaser
shall fail to comply with any such terms and conditions, or violate any
such rules and regulations, said contract may provide that it shall be
voidable at the election of the Board: Provided further, That in order
to supply farms and small villages with electric power directly as
contemplated by this section, the Board in its discretion shall have
power to acquire existing electric facilities used in serving such farms
and small villages: And provided further, That the terms ''States'',
''counties'', and ''municipalities'' as used in this chapter shall be
construed to include the public agencies of any of them unless the
context requires a different construction.
(May 18, 1933, ch. 32, 10, 48 Stat. 64; Aug. 31, 1935, ch. 836, 6,
49 Stat. 1076.)
1935 -- Act Aug. 31, 1935, inserted last three provisos.
16 USC 831j. Equitable distribution of surplus power among States and
municipalities; improvement in production of fertilizer
TITLE 16 -- CONSERVATION
It is declared to be the policy of the Government so far as practical
to distribute and sell the surplus power generated at Muscle Shoals
equitably among the States, counties, and municipalities within
transmission distance. This policy is further declared to be that the
projects herein provided for shall be considered primarily as for the
benefit of the people of the section as a whole and particularly the
domestic and rural consumers to whom the power can economically be made
available, and accordingly that sale to and use by industry shall be a
secondary purpose, to be utilized principally to secure a sufficiently
high load factor and revenue returns which will permit domestic and
rural use at the lowest possible rates and in such manner as to
encourage increased domestic and rural use of electricity. It is
further declared to be the policy of the Government to utilize the
Muscle Shoals properties so far as may be necessary to improve,
increase, and cheapen the production of fertilizer and fertilizer
ingredients by carrying out the provisions of this chapter.
(May 18, 1933, ch. 32, 11, 48 Stat. 64.)
16 USC 831k. Transmission lines; construction or lease; sale of
power over other than Government lines; rates when sold for resale at
profit
TITLE 16 -- CONSERVATION
In order to place the board upon a fair basis for making such
contracts and for receiving bids for the sale of such power, it is
expressly authorized, either from appropriations made by Congress or
from funds secured from the sale of such power, or from funds, secured
by the sale of bonds hereafter provided for, to construct, lease,
purchase, or authorize the construction of transmission lines within
transmission distance from the place where generated, and to
interconnect with other systems. The board is also authorized to lease
to any person, persons, or corporation the use of any transmission line
owned by the Government and operated by the board, but no such lease
shall be made that in any way interferes with the use of such
transmission line by the board: Provided, That if any State, county,
municipality, or other public or cooperative organization of citizens or
farmers, not organized or doing business for profit, but primarily for
the purpose of supplying electricity to its own citizens or members, or
any two or more of such municipalities or organizations, shall construct
or agree to construct and maintain a properly designed and built
transmission line to the Government reservation upon which is located a
Government generating plant, or to a main transmission line owned by the
Government or leased by the board and under the control of the board,
the board is authorized and directed to contract with such State,
county, municipality, or other organization, or two or more of them, for
the sale of electricity for a term not exceeding thirty years; and in
any such case the board shall give to such State, county, municipality,
or other organization ample time to fully comply with any local law now
in existence or hereafter enacted providing for the necessary legal
authority for such State, county, municipality, or other organization to
contract with the board for such power: Provided further, That all
contracts entered into between the Corporation and any municipality or
other political subdivision or cooperative organization shall provide
that the electric power shall be sold and distributed to the ultimate
consumer without discrimination as between consumers of the same class,
and such contract shall be voidable at the election of the board if a
discriminatory rate, rebate, or other special concession is made or
given to any consumer or user by the municipality or other political
subdivision or cooperative organization: And provided further, That as
to any surplus power not so sold as above provided to States, counties,
municipalities, or other said organizations, before the board shall sell
the same to any person or corporation engaged in the distribution and
resale of electricity for profit, it shall require said person or
corporation to agree that any resale of such electric power by said
person or corporation shall be made to the ultimate consumer of such
electric power at prices that shall not exceed a schedule fixed by the
board from time to time as reasonable, just, and fair; and in case of
any such sale, if an amount is charged the ultimate consumer which is in
excess of the price so deemed to be just, reasonable, and fair by the
board, the contract for such sale between the board and such distributor
of electricity shall be voidable at the election of the board: And
provided further, That the board is authorized to enter into contracts
with other power systems for the mutual exchange of unused excess power
upon suitable terms, for the conservation of stored water, and as an
emergency or break-down relief.
(May 18, 1933, ch. 32, 12, 48 Stat. 65.)
16 USC 831k-1. Extension of credit to States, municipalities and
nonprofit organizations to assist in operation of existing facilities
TITLE 16 -- CONSERVATION
In order (1) to facilitate the disposition of the surplus power of
the Corporation according to the policies set forth in this chapter;
(2) to give effect to the priority herein accorded to States, counties,
municipalities, and nonprofit organizations in the purchase of such
power by enabling them to acquire facilities for the distribution of
such power; and (3) at the same time to preserve existing distribution
facilities as going concerns and avoid duplication of such facilities,
the Board is authorized to advise and cooperate with and assist, by
extending credit for a period of not exceeding five years to, States,
counties, municipalities and nonprofit organizations situated within
transmission distance from any dam where such power is generated by the
Corporation in acquiring, improving, and operating (a) existing
distribution facilities and incidental works, including generating
plants; and (b) interconnecting transmission lines; or in acquiring
any interest in such facilities, incidental works, and lines.
(May 18, 1933, ch. 32, 12a, as added Aug. 31, 1935, ch. 836, 7, 49
Stat. 1076.)
16 USC 831l. Financial assistance to States and local governments in
lieu of taxation; apportionment; limitation on contracts for sale of
power to municipalities; report to Congress
TITLE 16 -- CONSERVATION
In order to render financial assistance to those States and local
governments in which the power operations of the Corporation are carried
on and in which the Corporation has acquired properties previously
subject to State and local taxation, the board is authorized and
directed to pay to said States, and the counties therein, for each
fiscal year, beginning July 1, 1940, the following percentages of the
gross proceeds derived from the sale of power by the Corporation for the
preceding fiscal year as hereinafter provided, together with such
additional amounts as may be payable pursuant to the provisions
hereinafter set forth, said payments to constitute a charge against the
power operations of the Corporation: For the fiscal year (beginning
July 1) 1940, 10 per centum; 1941, 9 per centum; 1942, 8 per centum;
1943, 7 1/2 per centum; 1944, 7 per centum; 1945, 6 1/2 per centum;
1946, 6 per centum; 1947, 5 1/2 per centum; 1948 and each fiscal year
thereafter, 5 per centum. ''Gross proceeds'', as used in this section,
is defined as the total gross proceeds derived by the Corporation from
the sale of power for the preceding fiscal year, excluding power used by
the Corporation or sold or delivered to any other department or agency
of the Government of the United States for any purpose other than the
resale thereof. The payments herein authorized are in lieu of taxation,
and the Corporation, its property, franchises and income, are expressly
exempted from taxation in any manner or form by any State, county,
municipality, or any subdivision or district thereof.
The payment for each fiscal year shall be apportioned among said
States in the following manner: One-half of said payment shall be
apportioned by paying to each State the percentage thereof which the
gross proceeds of the power sales by the Corporation within said State
during the preceding fiscal year bears to the total gross proceeds from
all power sales by the Corporation during the preceding fiscal year;
the remaining one-half of said payment shall be apportioned by paying to
each State the percentage thereof which the book value of the power
property held by the Corporation within said State at the end of the
preceding fiscal year bears to the total book value of all such property
held by the Corporation on the same date. The book value of power
property shall include that portion of the investment allocated or
estimated to be allocable to power: Provided, That the minimum annual
payment to each State (including payments to counties therein) shall not
be less than an amount equal to the two-year average of the State and
local ad valorem property taxes levied against power property purchased
and operated by the Corporation in said State and against that portion
of reservoir lands related to dams constructed by or on behalf of the
United States Government and held or operated by the Corporation and
allocated or estimated to be allocable to power. The said two-year
average shall be calculated for the last two tax years during which said
property was privately owned and operated or said land was privately
owned: Provided further, That the minimum annual payment to each State
in which the Corporation owns and operates power property (including
payments to counties therein) shall not be less than $10,000 in any
case: Provided further, That the corporation /1/ shall pay directly to
the respective counties the two-year average of county ad valorem
property taxes (including taxes levied by taxing districts within the
respective counties) upon power property and reservoir lands allocable
to power, determined as above provided, and all payments to any such
county within a State shall be deducted from the payment otherwise due
to such State under the provisions of this section. The determination
of the board of the amounts due hereunder to the respective States and
counties shall be final.
The payments above provided shall in each case be made to the State
or county in equal monthly installments beginning not later than July
31, 1940.
Nothing herein shall be construed to limit the authority of the
Corporation in its contracts for the sale of power to municipalities, to
permit or provide for the resale of power at rates which may include an
amount to cover tax-equivalent payments to the municipality in lieu of
State, county, and municipal taxes upon any distribution system or
property owned by the municipality, or any agency thereof, conditioned
upon a proper distribution by the municipality of any amounts collected
by it in lieu of State or county taxes upon any such distribution system
or property; it being the intention of Congress that either the
municipality or the State in which the municipality is situated shall
provide for the proper distribution to the State and county of any
portion of tax equivalent so collected by the municipality in lieu of
State or county taxes upon any such distribution system or property.
The Corporation shall, not later than January 1, 1945, submit to the
Congress a report on the operation of the provisions of this section,
including a statement of the distribution to the various States and
counties hereunder; the effect of the operation of the provisions of
this section on State and local finances; an appraisal of the benefits
of the program of the Corporation to the States and counties receiving
payments hereunder, and the effect of such benefits in increasing
taxable values within such States and counties; and such other data,
information, and recommendations as may be pertinent to future
legislation.
(May 18, 1933, ch. 32, 13, 48 Stat. 66; June 26, 1940, ch. 432,
39, 54 Stat. 626.)
1940 -- Act June 26, 1940, amended section generally.
/1/ So in original. Probably should be capitalized.
16 USC 831m. Allocation and charge of value and cost of plants to
particular objects; cost accounting; reports of costs of operation;
sale of surplus power at profit
TITLE 16 -- CONSERVATION
The Board shall make a thorough investigation as to the present value
of Dam Numbered 2, and the steam plants at nitrate plant numbered 1, and
nitrate plant numbered 2, and as to the cost of Cove Creek Dam, for the
purpose of ascertaining how much of the value or the cost of said
properties shall be allocated and charged up to (1) flood control, (2)
navigation, (3) fertilizer, (4) national defense, and (5) the
development of power. The findings thus made by the Board, when
approved by the President of the United States, shall be final, and such
findings shall thereafter be used in all allocation of value for the
purpose of keeping the book value of said properties. In like manner,
the cost and book value of any dams, steam plants, or other similar
improvements hereafter constructed and turned over to said Board for the
purpose of control and management shall be ascertained and allocated.
The Board shall, on or before January 1, 1937, file with Congress a
statement of its allocation of the value of all such properties turned
over to said Board, and which have been completed prior to the end of
the preceding fiscal year, and shall thereafter in its annual report to
Congress file a statement of its allocation of the value of such
properties as have been completed during the preceding fiscal year.
For the purpose of accumulating data useful to the Congress in the
formulation of legislative policy in matters relating to the generation,
transmission, and distribution of electric energy and the production of
chemicals necessary to national defense and useful in agriculture, and
to the Federal Power Commission and other Federal and State agencies,
and to the public, the Board shall keep complete accounts of its costs
of generation, transmission, and distribution of electric energy and
shall keep a complete account of the total cost of generating and
transmission facilities constructed or otherwise acquired by the
Corporation, and of producing such chemicals, and a description of the
major components of such costs according to such uniform systems of
accounting for public utilities as the Federal Power Commission has, and
if it have none, then it is empowered and directed to prescribe such
uniform system of accounting, together with records of such other
physical data and operating statistics of the Authority as may be
helpful in determining the actual cost and value of services, and the
practices, methods, facilities, equipment, appliances, and standards and
sizes, types, location, and geographical and economic integration of
plants and systems best suited to promote the public interest,
efficiency, and the wider and more economical use of electric energy.
Such data shall be reported to the Congress by the Board from time to
time, with appropriate analyses and recommendations, and, so far as
practicable, shall be made available to the Federal Power Commission and
other Federal and State agencies which may be concerned with the
administration of legislation relating to the generation, transmission,
or distribution of electric energy and chemicals useful to agriculture.
It is declared to be the policy of this chapter that, in order, as soon
as practicable, to make the power projects self-supporting and
self-liquidating, the surplus power shall be sold at rates which, in the
opinion of the Board, when applied to the normal capacity of the
Authority's power facilities, will produce gross revenues in excess of
the cost of production of said power and in addition to the statement of
the cost of power at each power station as required by section 831h of
this title, the Board shall file with each annual report, a statement of
the total cost of all power generated by it at all power stations during
each year, the average cost of such power per kilowatt hour, the rates
at which sold, and to whom sold, and copies of all contracts for the
sale of power.
(May 18, 1933, ch. 32, 14, 48 Stat. 66; Aug. 31, 1935, ch. 836, 8,
49 Stat. 1077.)
1935 -- Act of Aug. 31, 1935, inserted provision requiring the Board
to report to Congress on the allocation of the value of the properties
turned over to the Board and paragraph requiring the Board to keep
complete accounts on the cost of generation, transmission and
distribution of electric energy and production of chemicals necessary to
national defense and useful to agriculture and to report to Congress the
total cost of all power generated by all power stations and authorized
the sale of surplus power.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
16 USC 831m-1. Tennessee Valley Authority least-cost planning program
TITLE 16 -- CONSERVATION
(a) In general
The Tennessee Valley Authority shall conduct a least-cost planning
program in accordance with this section.
(b) Conduct of program
(1) In general
In conducting a least-cost planning program under subsection (a) of
this section, the Tennessee Valley Authority shall employ and implement
a planning and selection process for new energy resources which
evaluates the full range of existing and incremental resources
(including new power supplies, energy conservation and efficiency, and
renewable energy resources) in order to provide adequate and reliable
service to electric customers of the Tennessee Valley Authority at the
lowest system cost.
(2) Planning and selection process
The planning and selection process referred to in paragraph (1) shall
--
(A) take into account necessary features for system operation,
including diversity, reliability, dispatchability, and other factors of
risk;
(B) take into account the ability to verify energy savings achieved
through energy conservation and efficiency and the projected durability
of such savings measured over time; and
(C) treat demand and supply resources on a consistent and integrated
basis.
(3) ''System cost'' defined
As used in paragraph (1), the term ''system cost'' means all direct
and quantifiable net costs for an energy resource over its available
life, including the cost of production, transportation, utilization,
waste management, environmental compliance, and, in the case of imported
energy resources, maintaining access to foreign sources of supply.
(c) Participation by distributors
(1) In general
In conducting a least-cost planning program under subsection (a) of
this section, the Tennessee Valley Authority shall --
(A) provide an opportunity for distributors of the Tennessee Valley
Authority to recommend cost-effective energy efficiency opportunities,
rate structure incentives, and renewable energy proposals for inclusion
in such program; and
(B) encourage and assist such distributors in the planning and
implementation of cost-effective energy efficiency options.
(2) Assistance
The Tennessee Valley Authority shall provide appropriate assistance
to distributors under paragraph (1)(B). Such assistance shall, where
cost effective, be provided by the Tennessee Valley Authority acting
through, or in cooperation with, an association of distributors. Such
assistance may include publications, workshops, conferences, one-on-one
assistance, financial assistance, equipment loans, technology assessment
studies, marketing studies, and other appropriate mechanisms to transfer
information on energy efficiency and renewable energy options and
programs to customers.
(d) Public review and comment
Before the selection and addition of a major new energy resource on
the Tennessee Valley Authority system, the Tennessee Valley Authority
shall provide an opportunity for public review and comment and shall
include a description of any such action in an annual report to the
President and Congress.
(e) Exemption from certain requirements
The Tennessee Valley Authority shall not be subject to the least-cost
planning requirements contained in section 2621(d) of this title or any
similar requirement which might arise out of the Tennessee Valley
Authority's electric power transactions with the Southeastern Power
Administration.
(Pub. L. 102-486, title I, 113, Oct. 24, 1992, 106 Stat. 2798.)
Section was enacted as part of the Energy Policy Act of 1992, and not
as part of the Tennessee Valley Authority Act of 1933 which comprises
this chapter.
16 USC 831n. Bonds for future construction; amount, terms, and
conditions
TITLE 16 -- CONSERVATION
In the construction of any future dam, steam plant, or other
facility, to be used in whole or in part for the generation or
transmission of electric power the board is authorized and empowered to
issue on the credit of the United States and to sell serial bonds not
exceeding $50,000,000 in amount, having a maturity not more than fifty
years from the date of issue thereof, and bearing interest not exceeding
3 1/2 per centum per annum. Said bonds shall be issued and sold in
amounts and prices approved by the Secretary of the Treasury, but all
such bonds as may be so issued and sold shall have equal rank. None of
said bonds shall be sold below par, and no fee, commission, or
compensation whatever shall be paid to any person, firm, or corporation
for handling, negotiating the sale, or selling the said bonds. All of
such bonds so issued and sold shall have all the rights and privileges
accorded by law to Panama Canal bonds, authorized by section 8 of the
Act of June 28, 1902, chapter 1302, as amended by the Act of December
21, 1905 (ch. 3, sec. 1, 34 Stat. 5). All funds derived from the sale of
such bonds shall be paid over to the Corporation.
(May 18, 1933, ch. 32, 15, 48 Stat. 66.)
Section 8 of the Act of June 28, 1902, chapter 1302, as amended by
the Act of December 21, 1905 (ch. 3, sec. 1, 34 Stat. 5), referred to in
text, was classified to sections 743, 744, and 744 note of former Title
31 and was repealed in part by Pub. L. 97-258, 5(b), Sept. 13, 1982,
96 Stat. 1068, the first section of which enacted Title 31, Money and
Finance, and in part by Pub. L. 97-452, 4(b), Jan. 12, 1983, 96 Stat.
2480.
Bonds not to be issued under this section, see section 831n-2 of this
title.
16 USC 831n-1. Bonds to carry out provisions of section 831k-1;
amount, terms, and conditions
TITLE 16 -- CONSERVATION
With the approval of the Secretary of the Treasury, the Corporation
is authorized to issue bonds not to exceed in the aggregate $50,000,000
outstanding at any one time, which bonds may be sold by the Corporation
to obtain funds to carry out the provisions of section 831k-1 of this
title. Such bonds shall be in such forms and denominations, shall
mature within such periods not more than fifty years from the date of
their issue, may be redeemable at the option of the Corporation before
maturity in such manner as may be stipulated therein, shall bear such
rates of interest not exceeding 3 1/2 per centum per annum, shall be
subject to such terms and conditions, shall be issued in such manner and
amount, and sold at such prices, as may be prescribed by the
Corporation, with the approval of the Secretary of the Treasury:
Provided, That such bonds shall not be sold at such prices or on such
terms as to afford an investment yield to the holders in excess of 3 1/2
per centum per annum. Such bonds shall be fully and unconditionally
guaranteed both as to interest and principal by the United States, and
such guaranty shall be expressed on the face thereof, and such bonds
shall be lawful investments, and may be accepted as security, for all
fiduciary, trust, and public funds, the investment or deposit of which
shall be under the authority or control of the United States or any
officer or officers thereof. In the event that the Corporation should
not pay upon demand, when due, the principal of, or interest on, such
bonds, the Secretary of the Treasury shall pay to the holder the amount
thereof, which is authorized to be appropriated out of any moneys in the
Treasury not otherwise appropriated, and thereupon to the extent of the
amount so paid the Secretary of the Treasury shall succeed to all the
rights of the holders of such bonds. The Secretary of the Treasury, in
his discretion, is authorized to purchase any bonds issued hereunder,
and for such purpose the Secretary of the Treasury is authorized to use
as a public-debt transaction the proceeds from the sale of any
securities hereafter issued under chapter 31 of title 31, and the
purposes for which securities may be issued under such chapter are
extended to include any purchases of the Corporation's bonds hereunder.
The Secretary of the Treasury may, at any time, sell any of the bonds of
the Corporation acquired by him under this section. All redemptions,
purchases, and sales by the Secretary of the Treasury of the bonds of
the Corporation shall be treated as public-debt transactions of the
United States. With the approval of the Secretary of the Treasury, the
Corporation shall have power to purchase such bonds in the open market
at any time and at any price. No bonds shall be issued hereunder to
provide funds or bonds necessary for the performance of any proposed
contract negotiated by the Corporation under the authority of section
831k-1 of this title until the proposed contract shall have been
submitted to and approved by the Federal Power Commission. When any
such proposed contract shall have been submitted to the said Commission,
the matter shall be given precedence and shall be in every way expedited
and the Commission's determination of the matter shall be final. The
authority of the Corporation to issue bonds hereunder shall expire at
the end of five years from the date when this section as amended herein
becomes law, except that such bonds may be issued at any time after the
expiration of said period to provide bonds or funds necessary for the
performance of any contract entered into by the Corporation, prior to
the expiration of said period, under the authority of section 831k-1 of
this title.
(May 18, 1933, ch. 32, 15a, as added Aug. 31, 1935, ch. 836, 9, 49
Stat. 1078.)
The date when this section as amended herein becomes law, referred to
in text, probably means August 31, 1935.
''Chapter 31 of title 31'' and ''such chapter'' substituted in text
for ''the Second Liberty Bond Act, as amended'' and ''such Act, as
amended,'', respectively, on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Bonds not to be issued under this section, see section 831n-2 of this
title.
16 USC 831n-2. Bonds; limitation of issuance under sections 831n and
831n-1
TITLE 16 -- CONSERVATION
No bonds shall be issued by the Corporation after the date of
enactment of this section under section 831n or 831n-1 of this title.
(May 18, 1933, ch. 32, 15b, as added July 26, 1939, ch. 366, 53
Stat. 1083.)
The date of enactment of this section, referred to in text, probably
means July 26, 1939.
16 USC 831n-3. Use of funds; limitation of issuance
TITLE 16 -- CONSERVATION
With the approval of the Secretary of the Treasury the Corporation is
authorized, after the date of enactment of this section, to issue bonds
not to exceed in the aggregate $61,500,000. Such bonds may be sold by
the Corporation to obtain funds which may be used for the following
purposes only:
(1) Not to exceed $46,000,000 may be used for the purchase of
electric utility properties of the Tennessee Electric Power Company and
Southern Tennessee Power Company, as contemplated in the contract
between the Corporation and the Commonwealth and Southern Corporation
and others, dated as of May 12, 1939.
(2) Not to exceed $6,500,000 may be used for the purchase and
rehabilitation of electric utility properties of the Alabama Power
Company and Mississippi Power Company in the following named counties in
northern Alabama and northern Mississippi: The counties of Jackson,
Madison, Limestone, Lauderdale, Colbert, Lawrence, Morgan, Marshall, De
Kalb, Cherokee, Cullman, Winston, Franklin, Marion, and Lamar in
northern Alabama, and the counties of Calhoun, Chickasaw, Monroe, Clay,
Lowndes, Oktibbeha, Choctaw, Webster, Noxubee, Winston, Neshoba, and
Kemper in northern Mississippi.
(3) Not to exceed $3,500,000 may be used for rebuilding, replacing,
and repairing electric utility properties purchased by the Corporation
in accordance with the foregoing provisions of this section.
(4) Not to exceed $3,500,000 may be used for constructing electric
transmission lines, substations, and other electrical facilities
necessary to connect the electric utility properties purchased by the
Corporation in accordance with the foregoing provisions of this section
with the electric power system of the Corporation.
(5) Not to exceed $2,000,000 may be used for making loans under
section 831k-1 of this title to States, counties, municipalities, and
nonprofit organizations to enable them to purchase any electric utility
properties referred to in the contract between the Corporation and the
Commonwealth and Southern Corporation and others, dated as of May 12,
1939, or any electric utility properties of the Alabama Power Company or
Mississippi Power Company in any of the counties in northern Alabama or
northern Mississippi named in paragraph (2) of this section.
The Corporation shall file with the President and with the Congress
in December of each year a financial statement and complete report as to
the expenditure of funds derived from the sale of bonds under this
section covering the period not covered by any such previous statement
or report. Such bonds shall be in such forms and denominations, shall
mature within such periods not more than fifty years from the date of
their issue, may be redeemable at the option of the Corporation before
maturity in such manner as may be stipulated therein, shall bear such
rates of interest not exceeding 3 1/2 per centum per annum, shall be
subject to such terms and conditions, shall be issued in such manner and
amount, and sold at such prices, as may be prescribed by the Corporation
with the approval of the Secretary of the Treasury: Provided, That such
bonds shall not be sold at such prices or on such terms as to afford an
investment yield to the holders in excess of 3 1/2 per centum per annum.
Such bonds shall be fully and unconditionally guaranteed both as to
interest and principal by the United States, and such guaranty shall be
expressed on the face thereof, and such bonds shall be lawful
investments, and may be accepted as security, for all fiduciary, trust,
and public funds, the investment or deposit of which shall be under the
authority or control of the United States or any officer or officers
thereof. In the event that the Corporation should not pay upon demand
when due, the principal of, or interest on, such bonds, the Secretary of
the Treasury shall pay to the holder the amount thereof, which is
authorized to be appropriated out of any moneys in the Treasury not
otherwise appropriated, and thereupon to the extent of the amount so
paid the Secretary of the Treasury shall succeed to all the rights of
the holders of such bonds. The Secretary of the Treasury, in his
discretion, is authorized to purchase any bonds issued hereunder, and
for such purpose the Secretary of the Treasury is authorized to use as a
public-debt transaction the proceeds from the sale of any securities
hereafter issued under chapter 31 of title 31, and the purposes for
which securities may be issued under such chapter are extended to
include any purchases of the Corporation's bonds hereunder. The
Secretary of the Treasury may, at any time, sell any of the bonds of the
Corporation acquired by him under this section. All redemptions,
purchases, and sales by the Secretary of the Treasury of the bonds of
the Corporation shall be treated as public-debt transactions of the
United States. With the approval of the Secretary of the Treasury, the
Corporation shall have power to purchase such bonds in the open market
at any time and at any price. None of the proceeds of the bonds shall
be used for the performance of any proposed contract negotiated by the
Corporation under the authority of section 831k-1 of this title until
the proposed contract shall have been submitted to and approved by the
Federal Power Commission. When any such proposed contract shall have
been submitted to the said Commission, the matter shall be given
precedence and shall be in every way expedited and the Commission's
determination of the matter shall be final. The authority of the
Corporation to issue bonds under this section shall expire January 1,
1941, except that if at the time such authority expires the amount of
bonds issued by the Corporation under this section is less than
$61,500,000, the Corporation may, subject to the foregoing provisions of
this section, issue, after the expiration of such period, bonds in an
amount not in excess of the amount by which the bonds so issued prior to
the expiration of such period is less than $61,500,000, for refunding
purposes, or, subject to the provisions of paragraph (5) of this section
(limiting the purposes for which loans under section 831k-1 of this
title of funds derived from bonds proceeds may be made) to provide funds
found necessary in the performance of any contract entered into by the
Corporation prior to the expiration of such period, under the authority
of section 831k-1 of this title.
(May 18, 1933, ch. 32, 15c, as added July 26, 1939, ch. 366, 53
Stat. 1083.)
The date of enactment of this section, referred to in text, probably
means July 26, 1939.
''Chapter 31 of title 31'' and ''such chapter'' substituted in text
for ''the Second Liberty Bond Act, as amended'' and ''such Act, as
amended,'', respectively, on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 831n-4. Bonds for financing power program
TITLE 16 -- CONSERVATION
(a) Authorization; amount; use of proceeds; restriction on
contracts for sale or delivery of power; exchange power arrangements;
payment of principal and interest; bond contracts
The Corporation is authorized to issue and sell bonds, notes, and
other evidences of indebtedness (hereinafter collectively referred to as
''bonds'') in an amount not exceeding $30,000,000,000 outstanding at any
one time to assist in financing its power program and to refund such
bonds. The Corporation may, in performing functions authorized by this
chapter, use the proceeds of such bonds for the construction,
acquisition, enlargement, improvement, or replacement of any plant or
other facility used or to be used for the generation or transmission of
electric power (including the portion of any multiple-purpose structure
used or to be used for power generation); as may be required in
connection with the lease, lease-purchase, or any contract for the power
output of any such plant or other facility; and for other purposes
incidental thereto. Unless otherwise specifically authorized by Act of
Congress the Corporation shall make no contracts for the sale or
delivery of power which would have the effect of making the Corporation
or its distributors, directly or indirectly, a source of power supply
outside the area for which the Corporation or its distributors were the
primary source of power supply on July 1, 1957, and such additional area
extending not more than five miles around the periphery of such area as
may be necessary to care for the growth of the Corporation and its
distributors within said area: Provided, however, That such additional
area shall not in any event increase by more than 2 1/2 per centum (or
two thousand square miles, whichever is the lesser) the area for which
the Corporation and its distributors were the primary source of power
supply on July 1, 1957: And provided further, That no part of such
additional area may be in a State not now served by the Corporation or
its distributors or in a municipality receiving electric service from
another source on or after July 1, 1957, and no more than five hundred
square miles of such additional area may be in any one State now served
by the Corporation or its distributors.
Nothing in this subsection shall prevent the Corporation or its
distributors from supplying electric power to any customer within any
area in which the Corporation or its distributors had generally
established electric service on July 1, 1957, and to which electric
service was not being supplied from any other source on the effective
date of this Act.
Nothing in this subsection shall prevent the Corporation, when
economically feasible, from making exchange power arrangements with
other power-generating organizations with which the Corporation had such
arrangements on July 1, 1957, nor prevent the Corporation from
continuing to supply power to Dyersburg, Tennessee, and Covington,
Tennessee, or from entering into contracts to supply or from supplying
power to the cities of Paducah, Kentucky; Princeton, Kentucky;
Glasgow, Kentucky; Fulton, Kentucky; Monticello, Kentucky; Hickman,
Kentucky; Chickamauga, Georgia; Ringgold, Georgia; Oak Ridge,
Tennessee; and South Fulton, Tennessee; or agencies thereof; or from
entering into contracts to supply or from supplying power for the Naval
Auxiliary Air Station in Lauderdale and Kemper Counties, Mississippi,
through the facilities of the East Mississippi Electric Power
Association: Provided further, That nothing herein contained shall
prevent the transmission of TVA power to the Atomic Energy Commission or
the Department of Defense or any agency thereof, on certification by the
President of the United States that an emergency defense need for such
power exists. Nothing in this chapter shall affect the present rights
of the parties in any existing lawsuits involving efforts of towns in
the same general area where TVA power is supplied to obtain TVA power.
The principal of and interest on said bonds shall be payable solely
from the Corporation's net power proceeds as hereinafter defined. Net
power proceeds are defined for purposes of this section as the remainder
of the Corporation's gross power revenues after deducting the costs of
operating, maintaining, and administering its power properties
(including costs applicable to that portion of its multiple-purpose
properties allocated to power) and payments to States and counties in
lieu of taxes but before deducting depreciation accruals or other
charges representing the amortization of capital expenditures, plus the
net proceeds of the sale or other disposition of any power facility or
interest therein, and shall include reserve or other funds created from
such sources. Notwithstanding the provisions of section 831y of this
title or any other provision of law, the Corporation may pledge and use
its net power proceeds for payment of the principal of and interest on
said bonds, for purchase or redemption thereof, and for other purposes
incidental thereto, including creation of reserve funds and other funds
which may be similarly pledged and used, to such extent and in such
manner as it may deem necessary or desirable. The Corporation is
authorized to enter into binding covenants with the holders of said
bonds -- and with the trustee, if any -- under any indenture,
resolution, or other agreement entered into in connection with the
issuance thereof (any such agreement being hereinafter referred to as a
''bond contract'') with respect to the establishment of reserve funds
and other funds, adequacy of charges for supply of power, application
and use of net power proceeds, stipulations concerning the subsequent
issuance of bonds or the execution of leases or lease-purchase
agreements relating to power properties, and such other matters, not
inconsistent with this chapter, as the Corporation may deem necessary or
desirable to enhance the marketability of said bonds. The issuance and
sale of bonds by the Corporation and the expenditure of bond proceeds
for the purposes specified herein, including the addition of generating
units to existing power-producing projects and the construction of
additional power-producing projects, shall not be subject to the
requirements or limitations of any other law.
(b) Bonds not obligations of or guaranteed by United States;
apportionment of proceeds
Bonds issued by the Corporation hereunder shall not be obligations
of, nor shall payment of the principal thereof or interest thereon be
guaranteed by, the United States. Proceeds realized by the Corporation
from issuance of such bonds and from power operations and the
expenditure of such proceeds shall not be subject to apportionment under
the provisions of subchapter II of chapter 15 of title 31.
(c) Sale; terms and conditions; method; limitation on amount;
statement in annual report
Bonds issued by the Corporation under this section shall be
negotiable instruments unless otherwise specified therein, shall be in
such forms and denominations, shall be sold at such times and in such
amounts, shall mature at such time or times not more than fifty years
from their respective dates, shall be sold at such prices, shall bear
such rates of interest, may be redeemable before maturity at the option
of the Corporation in such manner and at such times and redemption
premiums, may be entitled to such relative priorities of claim on the
Corporation's net power proceeds with respect to principal and interest
payments, and shall be subject to such other terms and conditions, as
the Corporation may determine: Provided, That at least fifteen days
before selling each issue of bonds hereunder (exclusive of any
commitment shorter than one year) the Corporation shall advise the
Secretary of the Treasury as to the amount, proposed date of sale,
maturities, terms and conditions and expected rates of interest of the
proposed issue in the fullest detail possible and, if the Secretary
shall so request, shall consult with him or his designee thereon, but
the sale and issuance of such bonds shall not be subject to approval by
the Secretary of the Treasury except as to the time of issuance and the
maximum rates of interest to be borne by the bonds: Provided further,
That if the Secretary of the Treasury does not approve a proposed issue
of bonds hereunder within seven working days following the date on which
he is advised of the proposed sale, the Corporation may issue to the
Secretary interim obligations in the amount of the proposed issue, which
the Secretary is directed to purchase. In case the Corporation
determines that a proposed issue of bonds hereunder cannot be sold on
reasonable terms, it may issue to the Secretary interim obligations
which the Secretary is authorized to purchase. Notwithstanding the
foregoing provisions of this subsection, obligations issued by the
Corporation to the Secretary shall not exceed $150,000,000 outstanding
at any one time, shall mature on or before one year from date of issue,
and shall bear interest equal to the average rate (rounded to the
nearest one-eighth of a percent) on outstanding marketable obligations
of the United States with maturities from dates of issue of one year or
less as of the close of the month preceding the issuance of the
obligations of the Corporation. If agreement is not reached within
eight months concerning the issuance of any bonds which the Secretary
has failed to approve, the Corporation may nevertheless proceed to sell
such bonds on any date thereafter without approval by the Secretary in
amount sufficient to retire the interim obligations issued to the
Treasury and such interim obligations shall be retired from the proceeds
of such bonds. For the purpose of any purchase of the Corporation's
obligations the Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds from the sale of any securities
issued under chapter 31 of title 31, and the purposes for which
securities may be issued under chapter 31 of title 31 are extended to
include any purchases of the Corporation's obligations hereunder. The
Corporation may sell its bonds by negotiation or on the basis of
competitive bids, subject to the right, if reserved, to reject all bids;
may designate trustees, registrars, and paying agents in connection
with said bonds and the issuance thereof; may arrange for audits of its
accounts and for reports concerning its financial condition and
operations by certified public accounting firms (which audits and
reports shall be in addition to those required by sections 9105 and 9106
of title 31, may, subject to any covenants contained in any bond
contract, invest the proceeds of any bonds and other funds under its
control which derive from or pertain to its power program in any
securities approved for investment of national bank funds and deposit
said proceeds and other funds, subject to withdrawal by check or
otherwise, in any Federal Reserve Bank or bank having membership in the
Federal Reserve System; and may perform such other acts not prohibited
by law as it deems necessary or desirable to accomplish the purposes of
this section. Bonds issued by the Corporation hereunder shall contain a
recital that they are issued pursuant to this section, and such recital
shall be conclusive evidence of the regularity of the issuance and sale
of such bonds and of their validity. The annual report of the Board
filed pursuant to section 831h of this title shall contain a detailed
statement of the operation of the provisions of this section during the
year.
(d) Lawful investment; exemption from taxation
Bonds issued by the Corporation hereunder shall be lawful investments
and may be accepted as security for all fiduciary, trust, and public
funds, the investment or deposit of which shall be under the authority
or control of any officer or agency of the United States. The Secretary
of the Treasury or any other officer or agency having authority over or
control of any such fiduciary, trust, or public funds, may at any time
sell any of the bonds of the Corporation acquired by them under this
section. Bonds issued by the Corporation hereunder shall be exempt both
as to principal and interest from all taxation now or hereafter imposed
by any State or local taxing authority except estate, inheritance, and
gift taxes.
(e) Payment of excess power proceeds into Treasury; deferral
From net power proceeds in excess of those required to meet the
Corporation's obligations under the provisions of any bond or bond
contract, the Corporation shall, beginning with fiscal year 1961, make
payments into the Treasury as miscellaneous receipts on or before
September 30, of each fiscal year as a return on the appropriation
investment in the Corporation's power facilities, plus a repayment sum
of not less than $10,000,000 for each of the first five fiscal years,
$15,000,000 for each of the next five fiscal years, and $20,000,000 for
each fiscal year thereafter, which repayment sum shall be applied to
reduction of said appropriation investment until a total of
$1,000,000,000 of said appropriation investment shall have been repaid.
The said appropriation investment shall consist, in any fiscal year, of
that part of the Corporation's total investment assigned to power as of
the beginning of the fiscal year (including both completed plant and
construction in progress) which has been provided from appropriations or
by transfers of property from other Government agencies without
reimbursement by the Corporation, less repayments of such appropriation
investment made under title II of the Government Corporations
Appropriation Act, 1948, this chapter, or other applicable legislation.
The payment as a return on the appropriation investment in each fiscal
year shall be equal to the computed average interest rate payable by the
Treasury upon its total marketable public obligations as of the
beginning of said fiscal year applied to said appropriation investment.
Payments due hereunder may be deferred for not more than two years when,
in the judgment of the Board of Directors of the Corporation, such
payments cannot feasibly be made because of inadequacy of funds
occasioned by drought, poor business conditions, emergency replacements,
or other factors beyond the control of the Corporation.
(f) Rates for sale of power; application of net proceeds
The Corporation shall charge rates for power which will produce gross
revenues sufficient to provide funds for operation, maintenance, and
administration of its power system; payments to States and counties in
lieu of taxes; debt service on outstanding bonds, including provision
and maintenance of reserve funds and other funds established in
connection therewith; payments to the Treasury as a return on the
appropriation investment pursuant to subsection (e) of this section;
payment to the Treasury of the repayment sums specified in subsection
(e) of this section; and such additional margin as the Board may
consider desirable for investment in power system assets, retirement of
outstanding bonds in advance of maturity, additional reduction of
appropriation investment, and other purposes connected with the
Corporation's power business, having due regard for the primary
objectives of the chapter, including the objective that power shall be
sold at rates as low as are feasible. In order to protect the
investment of holders of the Corporation's securities and the
appropriation investment as defined in subsection (e) of this section,
the Corporation, during each successive five-year period beginning with
the five-year period which commences on July 1 of the first full fiscal
year after the effective date of this section, shall apply net power
proceeds either in reduction (directly or through payments into reserve
or sinking funds) of its capital obligations, including bonds and the
appropriation investment, or to reinvestment in power assets, at least
to the extent of the combined amount of the aggregate of the
depreciation accruals and other charges representing the amortization of
capital expenditures applicable to its power properties plus the net
proceeds realized from any disposition of power facilities in said
period. As of October 1, 1975, the five-year periods described herein
shall be computed as beginning on October 1 of that year and of each
fifth year thereafter.
(g) Power property; lease and lease-purchase agreements
Power generating and related facilities operated by the Corporation
under lease and lease-purchase agreements shall constitute power
property held by the Corporation within the meaning of section 831l of
this title, but that portion of the payment due for any fiscal year
under said section 831l of this title to a State where such facilities
are located which is determined or estimated by the Board to result from
holding such facilities or selling electric energy generated thereby
shall be reduced by the amount of any taxes or tax equivalents
applicable to such fiscal year paid by the owners or others on account
of said facilities to said State and to local taxing jurisdictions
therein. In connection with the construction of a generating plant or
other facilities under an agreement providing for lease or purchase of
said facilities or any interest therein by or on behalf of the
Corporation, or for the purchase of the output thereof, the Corporation
may convey, in the name of the United States by deed, lease, or
otherwise, any real property in its possession or control, may perform
necessary engineering and construction work and other services, and may
enter into any necessary contractual arrangements.
(h) Congressional declaration of intent
It is declared to be the intent of this section to aid the
Corporation in discharging its responsibility for the advancement of the
national defense and the physical, social and economic development of
the area in which it conducts its operations by providing it with
adequate authority and administrative flexibility to obtain the
necessary funds with which to assure an ample supply of electric power
for such purposes by issuance of bonds and as otherwise provided herein,
and this section shall be construed to effectuate such intent.
(May 18, 1933, ch. 32, 15d, as added Aug. 6, 1959, Pub. L. 86-137,
1, 73 Stat. 280; amended Aug. 14, 1959, Pub. L. 86-157, 73 Stat. 338;
Aug. 12, 1966, Pub. L. 89-537, 80 Stat. 346; Oct. 14, 1970, Pub. L.
91-446, 84 Stat. 915; Nov. 28, 1975, Pub. L. 94-139, 1, 89 Stat. 750;
Apr. 21, 1976, Pub. L. 94-273, 2(30), 35(a), 90 Stat. 376, 380; Oct.
31, 1979, Pub. L. 96-97, 93 Stat. 730.)
The effective date of this Act, referred to in subsec. (a), and
''the effective date of this section'', referred to in subsec. (f),
probably means the effective date of Pub. L. 86-137, which was approved
Aug. 6, 1959.
Title II of the Government Corporations Appropriation Act, 1948,
referred to in subsec. (e), means title II of act July 30, 1947, ch.
358, 61 Stat. 576, which was not classified to the Code.
In subsecs. (b) and (c), ''subchapter II of chapter 15 of title
31'', ''chapter 31 of title 31'', and ''sections 9105 and 9106 of title
31'' substituted for ''Revised Statutes 3679, as amended (31 U.S.C.
665)'', ''the Second Liberty Bond Act, as amended'', and ''sections 105
and 106 of the Act of December 6, 1945 (59 Stat. 599; 31 U.S.C.
850-851)'', respectively, on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
1979 -- Subsec. (a). Pub. L. 96-97 substituted ''$30,000,000,000''
for ''$15,000,000,000''.
1976 -- Subsec. (e). Pub. L. 94-273, 2(30), substituted
''September'' for ''June''.
Subsec. (f). Pub. L. 94-273, 35(a), inserted provision relating to
computation of five-year periods as of Oct. 1, 1975.
1975 -- Subsec. (a). Pub. L. 94-139, 1(a), substituted
''$15,000,000,000'' for ''$5,000,000,000''.
Subsec. (e). Pub. L. 94-139, 1(b), struck out ''December 31 and''
before ''June 30''.
1970 -- Subsec. (a). Pub. L. 91-446 substituted ''$5,000,000,000''
for ''$1,750,000,000''.
1966 -- Subsec. (a). Pub. L. 89-537 increased the limitation on the
amount of revenue bonds the TVA may issue and sell from $750,000,000 to
$1,750,000,000.
1959 -- Subsec. (a). Pub. L. 86-157 struck out proviso relating to
the transmission of the power construction program to the Congress by
the President with the budget estimates, and the provision for
withholding initiation of construction of new power producing projects
until the construction program of the Corporation has been before
Congress in session for ninety calendar days.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
16 USC 831o. Completion of unfinished plants authorized
TITLE 16 -- CONSERVATION
The board, whenever the President deems it advisable, is empowered
and directed to complete Dam Numbered 2 at Muscle Shoals, Alabama, and
the steam plant at nitrate plant numbered 2, in the vicinity of Muscle
Shoals, by installing in Dam Numbered 2 the additional power units
according to the plans and specifications of said dam, and the
additional power unit in the steam plant at nitrate plant numbered 2.
(May 18, 1933, ch. 32, 16, 48 Stat. 67.)
16 USC 831p. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
648
TITLE 16 -- CONSERVATION
Section, act May 18, 1933, ch. 32, 17, 48 Stat. 67, authorized
construction of the Cove Creek Dam across Clinch River.
16 USC 831q. Eminent domain; contracts for relocation of railroads,
highways, industrial plants, etc.
TITLE 16 -- CONSERVATION
In order to enable and empower the Secretary of the Army, the
Secretary of the Interior, or the board to carry out the authority
conferred in this chapter, in the most economical and efficient manner,
he or it is authorized and empowered in the exercise of the powers of
national defense in aid of navigation, and in the control of the flood
waters of the Tennessee and Mississippi Rivers, constituting channels of
interstate commerce, to exercise the right of eminent domain for all
purposes of this chapter, and to condemn all lands, easements, rights of
way, and other area necessary in order to obtain a site for said Cove
Creek Dam, and the flowage rights for the reservoir of water above said
dam, and to negotiate and conclude contracts with States, counties,
municipalities, and all State agencies and with railroads, railroad
corporations, common carriers, and all public utility commissions and
any other person, firm, or corporation, for the relocation of railroad
tracks, highways, highway bridges, mills, ferries, electric-light
plants, and any and all other properties, enterprises, and projects
whose removal may be necessary in order to carry out the provisions of
this chapter. When said Cove Creek Dam, transmission line, and power
house shall have been completed, the possession, use, and control
thereof shall be intrusted to the Corporation for use and operation in
connection with the general Tennessee Valley project, and to promote
flood control and navigation in the Tennessee River.
(May 18, 1933, ch. 32, 18, 48 Stat. 67; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
The site for the Cove Creek Dam has been obtained and the dam
completed.
16 USC 831r. Patents; access to Patent and Trademark Office and right
to copy patents; compensation to patentees
TITLE 16 -- CONSERVATION
The Corporation, as an instrumentality and agency of the Government
of the United States for the purpose of executing its constitutional
powers, shall have access to the Patent and Trademark Office of the
United States for the purpose of studying, ascertaining, and copying all
methods, formula, and scientific information (not including access to
pending applications for patents) necessary to enable the Corporation to
use and employ the most efficacious and economical process for the
production of fixed nitrogen, or any essential ingredient of fertilizer,
or any method of improving and cheapening the production of
hydroelectric power, and any owner of a patent whose patent rights may
have been thus in any way copied, used, infringed, or employed by the
exercise of this authority by the Corporation shall have as the
exclusive remedy a cause of action against the Corporation to be
instituted and prosecuted on the equity side of the appropriate district
court of the United States, for the recovery of reasonable compensation
for such infringement. The Commissioner of Patents and Trademarks shall
furnish to the Corporation, at its request and without payment of fees,
copies of documents on file in his office: Provided, That the benefits
of this section shall not apply to any art, machine, method of
manufacture, or composition of matter, discovered or invented by such
employee during the time of his employment or service with the
Corporation or with the Government of the United States.
(May 18, 1933, ch. 32, 19, 48 Stat. 68; Jan. 2, 1975, Pub. L.
93-596, 3, 88 Stat. 1949.)
''Patent and Trademark Office'' and ''Commissioner of Patents and
Trademarks'' substituted in text for ''Patent Office'' and
''Commissioner of Patents'', respectively, pursuant to section 3 of Pub.
L. 93-596, set out as a note under section 1 of Title 35, Patents.
For transfer of functions of other officers, employees, and agencies
of Department of Commerce, with certain exceptions, to Secretary of
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, 1,
2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the
Appendix to Title 5, Government Organization and Employees.
Abolition of distinction between actions at law and suits in equity,
see rule 2, and note of Advisory Committee thereto, Title 28, Appendix,
Judiciary and Judicial Procedure.
16 USC 831s. Possession by Government in time of war; damages to
contract holders
TITLE 16 -- CONSERVATION
The Government of the United States reserves the right, in case of
war or national emergency declared by Congress, to take possession of
all or any part of the property described or referred to in this chapter
for the purpose of manufacturing explosives or for other war purposes;
but, if this right is exercised by the Government, it shall pay the
reasonable and fair damages that may be suffered by any party whose
contract for the purchase of electric power or fixed nitrogen or
fertilizer ingredients is violated, after the amount of the damages has
been fixed by the United States Court of Federal Claims in proceedings
instituted and conducted for that purpose under rules prescribed by the
court.
(May 18, 1933, ch. 32, 20, 48 Stat. 68; Apr. 2, 1982, Pub. L.
97-164, title I, 161(2), 96 Stat. 49; Oct. 29, 1992, Pub. L. 102-572,
title IX, 902(b)(1), 106 Stat. 4516.)
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''Claims Court'' for ''Court of
Claims''.
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of
Title 2, The Congress.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on September 8, 1939, and May 27, 1941.
16 USC 831t. Offenses; fines and punishment
TITLE 16 -- CONSERVATION
(a) Larceny, embezzlement and conversion
All general penal statutes relating to the larceny, embezzlement,
conversion, or to the improper handling, retention, use, or disposal of
public moneys or property of the United States, shall apply to the
moneys and property of the Corporation and to moneys and properties of
the United States intrusted to the Corporation.
(b) False entry, report or statement
Any person who, with intent to defraud the Corporation, or to deceive
any director, officer, or employee of the Corporation or any officer or
employee of the United States (1) makes any false entry in any book of
the Corporation, or (2) makes any false report or statement for the
Corporation, shall, upon conviction thereof, be fined not more than
$10,000 or imprisoned not more than five years, or both.
(c) Conspiracy to defraud
Any person who shall receive any compensation, rebate, or reward, or
shall enter into any conspiracy, collusion, or agreement, express or
implied, with intent to defraud the Corporation or wrongfully and
unlawfully to defeat its purposes, shall, on conviction thereof, be
fined not more than $5,000 or imprisoned not more than five years, or
both.
(May 18, 1933, ch. 32, 21, 48 Stat. 68.)
16 USC 831u. Surveys; cooperation with States or other agencies
TITLE 16 -- CONSERVATION
To aid further the proper use, conservation, and development of the
natural resources of the Tennessee River drainage basis and of such
adjoining territory as may be related to or materially affected by the
development consequent to this chapter, and to provide for the general
welfare of the citizens of said areas, the President is authorized, by
such means or methods as he may deem proper within the limits of
appropriations made therefor by Congress, to make such surveys of and
general plans for said Tennessee basin and adjoining territory as may be
useful to the Congress and to the several States in guiding and
controlling the extent, sequence, and nature of development that may be
equitably and economically advanced through the expenditure of public
funds, or through the guidance or control of public authority, all for
the general purpose of fostering an orderly and proper physical,
economic, and social development of said areas; and the President is
further authorized in making said surveys and plans to cooperate with
the States affected thereby, or subdivisions or agencies of such States,
or with cooperative or other organizations, and to make such studies,
experiments, or demonstrations as may be necessary and suitable to that
end.
(May 18, 1933, ch. 32, 22, 48 Stat. 69.)
Ex. Ord. No. 6161, June 8, 1933, provided:
In accordance with the provisions of section 22 and section 23 of the
Tennessee Valley Authority Act of 1933 (sections 831u and 831v of this
title), the President hereby authorizes and directs the Board of
Directors of the Tennessee Valley Authority to make such surveys,
general plans, studies, experiments, and demonstrations as may be
necessary and suitable to aid the proper use, conservation, and
development of the natural resources of the Tennessee River drainage
basin, and of such adjoining territory as may be related to or
materially affected by the development consequent to this act, and to
promote the general welfare of the citizens of said area; within the
limits of appropriations made therefor by Congress.
Franklin D. Roosevelt.
16 USC 831v. Legislation to carry out purposes of chapter;
recommendation by President
TITLE 16 -- CONSERVATION
The President shall, from time to time, as the work provided for in
section 831u of this title progresses, recommend to Congress such
legislation as he deems proper to carry out the general purposes stated
in said section, and for the especial purpose of bringing about in said
Tennessee drainage basin and adjoining territory in conformity with said
general purposes (1) the maximum amount of flood control; (2) the
maximum development of said Tennessee River for navigation purposes;
(3) the maximum generation of electric power consistent with flood
control and navigation; (4) the proper use of marginal lands; (5) the
proper method of reforestation of all lands in said drainage basin
suitable for reforestation; and (6) the economic and social well-being
of the people living in said river basin.
(May 18, 1933, ch. 32, 23, 48 Stat. 69.)
16 USC 831w. Acquisition of real or personal property; payment by
delivery of power; sale or lease of vacant land for industrial purposes
TITLE 16 -- CONSERVATION
For the purpose of securing any rights of flowage, or obtaining title
to or possession of any property, real or personal, that may be
necessary or may become necessary, in the carrying out of any of the
provisions of this chapter, the President of the United States for a
period of three years from May 18, 1933, is authorized to acquire title
in the name of the United States to such rights or such property, and to
provide for the payment for same by directing the board to contract to
deliver power generated at any of the plants now owned or hereafter
owned or constructed by the Government or by said Corporation, such
future delivery of power to continue for a period not exceeding thirty
years. Likewise, for one year after May 18, 1933, the President is
further authorized to sell or lease any parcel or part of any vacant
real estate now owned by the Government in said Tennessee River Basin,
to persons, firms, or corporations who shall contract to erect thereon
factories or manufacturing establishments, and who shall contract to
purchase of said Corporation electric power for the operation of any
such factory or manufacturing establishment. No contract shall be made
by the President for the sale of any of such real estate as may be
necessary for present or future use on the part of the Government for
any of the purposes of this chapter. Any such contract made by the
President of the United States shall be carried out by the board:
Provided, That no such contract shall be made that will in any way
abridge or take away the preference right to purchase power given in
this chapter to States, counties, municipalities, or farm organizations:
Provided further, That no lease shall be for a term to exceed fifty
years: Provided further, That any sale shall be on condition that said
land shall be used for industrial purposes only.
(May 18, 1933, ch. 32, 24, 48 Stat. 69.)
16 USC 831x. Condemnation proceedings; institution by Corporation;
venue
TITLE 16 -- CONSERVATION
The Corporation may cause proceedings to be instituted for the
acquisition by condemnation of any lands, easements, or rights-of-way
which, in the opinion of the Corporation, are necessary to carry out the
provisions of this chapter. The proceedings shall be instituted in the
United States district court for the district in which the land,
easement, right-of-way, or other interest, or any part thereof, is
located, and such court shall have full jurisdiction to divest the
complete title to the property sought to be acquired out of all persons
or claimants and vest the same in the United States in fee simple, and
to enter a decree quieting the title thereto in the United States of
America.
(May 18, 1933, ch. 32, 25, 48 Stat. 70; July 12, 1952, ch. 700, 66
Stat. 591; Sept. 28, 1968, Pub. L. 90-536, 1, 82 Stat. 885.)
1968 -- Pub. L. 90-536 repealed six paragraphs following initial
paragraph which provided as follows: appointment of three
commissioners, oath as to absence of interest, and per diem for services
and subsistence, and transportation expenses; duties of commissioners
as to valuation of lands, conduct of hearings, taking of evidence,
administration of oaths, subpoena of witnesses, submission of report as
to value of land, and notice of award to parties; hearing de novo of
exceptions to award by three Federal district judges and judicial award;
disposition upon record after appeal from decision of judges; passage
of title and possession to property and enforcement by writ of
dispossession; and legal representatives for minors, insane or
incompetents, and estates of deceased, or guardians ad litem for wards.
1952 -- Act July 12, 1952, increased the commissioners' per diem from
$15 to $30, their sustenance from $5 to $10 a day, and allowed them 7
cents mileage.
Section 2 of Pub. L. 90-536 provided that: ''The amendment made by
this Act (amending this section) shall be effective only with respect to
condemnation proceedings initiated after thirty days following the date
of enactment of this Act (Sept. 28, 1968).''
Procedure in condemnation proceedings, see rule 71A, Title 28,
Appendix, Judiciary and Judicial Procedure. Effect of this rule upon
this section, see Advisory Committee note under such rule.
16 USC 831y. Net proceeds over expense payable into Treasury
TITLE 16 -- CONSERVATION
Commencing July 1, 1936, the proceeds for each fiscal year derived by
the Board from the sale of power or any other products manufactured by
the Corporation, and from any other activities of the Corporation
including the disposition of any real or personal property, shall be
paid into the Treasury of the United States on March 31 of each year,
save and except such part of such proceeds as in the opinion of the
Board shall be necessary for the Corporation in the operation of dams
and reservoirs, in conducting its business in generating, transmitting,
and distributing electric energy and in manufacturing, selling, and
distributing fertilizer and fertilizer ingredients. A continuing fund
of $1,000,000 is also excepted from the requirements of this section and
may be withheld by the Board to defray emergency expenses and to insure
continuous operation: Provided, That nothing in this section shall be
construed to prevent the use by the Board, after June 30, 1936, of
proceeds accruing prior to July 1, 1936, for the payment of obligations
lawfully incurred prior to such latter date.
(May 18, 1933, ch. 32, 26, 48 Stat. 71; Aug. 31, 1935, ch. 836,
10, 49 Stat. 1079; Apr. 21, 1976, Pub. L. 94-273, 35(b), 90 Stat.
380.)
1976 -- Pub. L. 94-273 substituted ''on March 31 of each year'' for
''at the end of each calendar year''.
1935 -- Act Aug. 31, 1935, amended section generally.
Consideration of budget programs, this section as not affected, see
section 9104 of Title 31, Money and Finance.
16 USC 831y-1. Approval of plans by Board as condition precedent to
construction and operation; restraining action without approval; other
laws unaffected
TITLE 16 -- CONSERVATION
The unified development and regulation of the Tennessee River system
requires that no dam, appurtenant works, or other obstruction, affecting
navigation, flood control, or public lands or reservations shall be
constructed, and thereafter operated or maintained across, along, or in
the said river or any of its tributaries until plans for such
construction, operation, and maintenance shall have been submitted to
and approved by the Board; and the construction, commencement of
construction, operation, or maintenance of such structures without such
approval is prohibited. When such plans shall have been approved,
deviation therefrom either before or after completion of such structures
is prohibited unless the modification of such plans has previously been
submitted to and approved by the Board.
In the event the Board shall, within sixty days after their formal
submission to the Board, fail to approve any plans or modifications, as
the case may be, for construction, operation, or maintenance of any such
structures on the Little Tennessee River, the above requirements shall
be deemed satisfied, if upon application to the Secretary of the Army,
with due notice to the Corporation, and hearing thereon, such plans or
modifications are approved by the said Secretary of the Army as
reasonably adequate and effective for the unified development and
regulation of the Tennessee River system.
Such construction, commencement of construction, operation, or
maintenance of any structures or parts thereof in violation of the
provisions of this section may be prevented, and the removal or
discontinuation thereof required by the injunction or order of any
district court exercising jurisdiction in any district in which such
structures or parts thereof may be situated, and the Corporation is
authorized to bring appropriate proceedings to this end.
The requirements of this section shall not be construed to be a
substitute for the requirements of any other law of the United States or
of any State, now in effect or hereafter enacted, but shall be in
addition thereto, so that any approval, license, permit, or other
sanction now or hereafter required by the provisions of any such law for
the construction, operation, or maintenance of any structures whatever,
except such as may be constructed, operated, or maintained by the
Corporation, shall be required, notwithstanding the provisions of this
section.
(May 18, 1933, ch. 32, 26a, as added Aug. 31, 1935, ch. 836, 11, 49
Stat. 1079; amended July 26, 1947, ch. 343, title II, 205(a), 61 Stat.
501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
16 USC 831z. Authorization of appropriations
TITLE 16 -- CONSERVATION
All appropriations necessary to carry out the provisions of this
chapter are authorized.
(May 18, 1933, ch. 32, 27, 48 Stat. 71.)
16 USC 831aa. Laws repealed
TITLE 16 -- CONSERVATION
All acts or parts of acts in conflict with this chapter are repealed,
so far as they affect the operations contemplated by this chapter.
(May 18, 1933, ch. 32, 28, 48 Stat. 71.)
16 USC 831bb. Reservation of right to amend or repeal
TITLE 16 -- CONSERVATION
The right to alter, amend, or repeal this chapter is expressly
declared and reserved, but no such amendment or repeal shall operate to
impair the obligation of any contract made by said Corporation under any
power conferred by this chapter.
(May 18, 1933, ch. 32, 29, 48 Stat. 72.)
16 USC 831cc. Separability
TITLE 16 -- CONSERVATION
The sections of this chapter are declared to be separable, and in the
event any one or more sections of this chapter be held to be
unconstitutional, the same shall not affect the validity of other
sections of this chapter.
(May 18, 1933, ch. 32, 30, 48 Stat. 72; Aug. 31, 1935, ch. 836,
15, 49 Stat. 1081.)
1935 -- Act Aug. 31, 1935, reenacted provisions of this section
without change.
16 USC 831dd. Liberal construction of chapter; sale of surplus lands
TITLE 16 -- CONSERVATION
This chapter shall be liberally construed to carry out the purposes
of Congress to provide for the disposition of and make needful rules and
regulations respecting Government properties entrusted to the Authority,
provide for the national defense, improve navigation, control
destructive floods, and promote interstate commerce and the general
welfare, but no real estate shall be held except what is necessary in
the opinion of the Board to carry out plans and projects actually
decided upon requiring the use of such land: Provided, That any land
purchased by the Authority and not necessary to carry out plans and
projects actually decided upon shall be sold by the Authority as agent
of the United States, after due advertisement, at public auction to the
highest bidder.
(May 18, 1933, ch. 32, 31, as added Aug. 31, 1935, ch. 836, 12, 49
Stat. 1080.)
As originally enacted, the last sentence of this section contained,
at the end thereof, the words ''or at private sale as provided in
section 3 of this amendatory Act.'' Section 3 of the amendatory act of
Aug. 31, 1935, added subsec. (k) to section 831c of this title.
16 USC CHAPTER 12B -- BONNEVILLE PROJECT
TITLE 16 -- CONSERVATION
Sec.
832. Completion and maintenance of project; generation of
electricity.
832a. General administrative provisions.
(a) Appointment of Administrator; powers and duties.
(b) Electric transmission lines and equipment.
(c) Acquisition of property.
(d) Condemnation.
(e) Disposal of property.
(f) Contracts.
832a-1. Repealed.
832b. Definitions.
832c. Distribution of electricity; preference to public bodies and
cooperatives.
(a) General provisions.
(b) Prior to January 1, 1942; subsequent thereto.
(c) Allowance of time for financing.
(d) Congressional declaration of policy; allowance of time for
creation and organization.
832d. Contracts for sale of electricity.
(a) Authorization of Administrator; contents of contracts.
(b) Exchange of excess power.
832e. Rate schedules.
832f. Elements in determining rates.
832g. Purchase of supplies and services.
832h. Miscellaneous administrative provisions.
(a) Accounts; audit; procedures, etc., prescribed.
(b) Current expenses.
832i. Employment of personnel.
(a) Appointment of Assistant Administrator, chief engineer, and
general counsel; compensation; duties.
(b) Officers and employees; compensation.
(c) Voluntary and uncompensated services; utilization of personnel
and equipment of other governmental agencies.
832j. Deposit of receipts; authorization of appropriations.
832k. Authority of Administrator.
(a) Settlement, compromise, and payment of claims; limitations;
conclusiveness of settlements; restoration of damage.
(b) Authorization to bring legal proceedings; representation;
supervision by Attorney General.
832l. Separability.
section 7152.
16 USC 832. Completion and maintenance of project; generation of
electricity
TITLE 16 -- CONSERVATION
For the purpose of improving navigation on the Columbia River, and
for other purposes incidental thereto, the dam, locks, power plant, and
appurtenant works under construction on August 20, 1937, at Bonneville,
Oregon and North Bonneville, Washington (called Bonneville project in
this chapter), shall be completed, maintained, and operated under the
direction of the Secretary of the Army and the supervision of the Chief
of Engineers, subject to the provisions of this chapter relating to the
powers and duties of the Bonneville power administrator provided for in
section 832a(a) of this title (called the administrator in this chapter)
respecting the transmission and sale of electric energy generated at
said project. The Secretary of the Army shall provide, construct,
operate, maintain, and improve at Bonneville project such machinery,
equipment, and facilities for the generation of electric energy as the
administrator may deem necessary to develop such electric energy as
rapidly as markets may be found therefor. The electric energy thus
generated and not required for the operation of the dam and locks at
such project and the navigation facilities employed in connection
therewith shall be delivered to the administrator, for disposition as
provided in this chapter.
(Aug. 20, 1937, ch. 720, 1, 50 Stat. 731; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of a Secretary
of the Army.
Act Aug. 20, 1937, ch. 720, 50 Stat. 731, which enacted this
chapter, is popularly known as the ''Bonneville Project Act of 1937''.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 832a. General administrative provisions
TITLE 16 -- CONSERVATION
(a) Appointment of Administrator; powers and duties
The electric energy generated in the operation of the said Bonneville
project shall be disposed of by the said administrator as provided in
this chapter. The administrator shall be appointed by the Secretary of
Energy; shall be responsible to said Secretary of Energy; and shall
maintain his principal office at a place selected by him in the vicinity
of the Bonneville project.
The Administrator shall, as in this chapter provided, make all
arrangements for the sale and disposition of electric energy generated
at Bonneville project not required for the operation of the dam and
locks at such project and the navigation facilities employed in
connection therewith. He shall act in consultation with the Secretary
of Energy. The form of administration established in this chapter for
the Bonneville project is intended to be provisional pending the
establishment of a permanent administration for Bonneville and other
projects in the Columbia River Basin. The Secretary of the Army shall
install and maintain additional machinery, equipment, and facilities for
the generation of electric energy at the Bonneville project when in the
judgment of the administrator such additional generating facilities are
desirable to meet actual or potential market requirements for such
electric energy. The Secretary of the Army shall schedule the
operations of the several electrical generating units and appurtenant
equipment of the Bonneville project in accordance with the requirements
of the administrator. The Secretary of the Army shall provide and
maintain for the use of the administrator at said Bonneville project
adequate station space and equipment, including such switches,
switchboards, instruments, and dispatching facilities as may be required
by the administrator for proper reception, handling, and dispatching of
the electric energy produced at the said project, together with
transformers and other equipment required by the administrator for the
transmission of such energy from that place at suitable voltage to the
markets which the administrator desires to serve.
The office of the Administrator of the Bonneville project is
constituted an office in the Department of Energy and shall be under the
jurisdiction and control of the Secretary of Energy. All functions
vested in the Administrator of the Bonneville project under this chapter
may be exercised by the Secretary of Energy and, subject to his
supervision and direction, by the Administrator and other personnel of
the project.
(b) Electric transmission lines and equipment
In order to encourage the widest possible use of all electric energy
that can be generated and marketed and to provide reasonable outlets
therefor, and to prevent the monopolization thereof by limited groups,
the administrator is authorized and directed to provide, construct,
operate, maintain, and improve such electric transmission lines and
substations, and facilities and structures appurtenant thereto, as he
finds necessary, desirable, or appropriate for the purpose of
transmitting electric energy, available for sale, from the Bonneville
project to existing and potential markets, and, for the purpose of
interchange of electric energy, to interconnect the Bonneville project
with other Federal projects and publicly owned power systems constructed
on or after August 20, 1937.
(c) Acquisition of property
The administrator is authorized, in the name of the United States, to
acquire, by purchase, lease, condemnation, or donation, such real and
personal property, or any interest therein, including lands, easements,
rights-of-way, franchises, electric transmission lines, substations, and
facilities and structures appurtenant thereto, as the administrator
finds necessary or appropriate to carry out the purposes of this
chapter. Title to all property and property rights acquired by the
administrator shall be taken in the name of the United States.
(d) Condemnation
The administrator shall have power to acquire any property or
property rights, including patent rights, which in his opinion are
necessary to carry out the purposes of this chapter, by the exercise of
the right of eminent domain and to institute condemnation proceedings
therefor in the same manner as is provided by law for the condemnation
of real estate.
(e) Disposal of property
The administrator is authorized, in the name of the United States, to
sell, lease, or otherwise dispose of such personal property as in his
judgment is not required for the purposes of this chapter and such real
property and interests in land acquired in connection with construction
or operation of electric transmission lines or substations as in his
judgment are not required for the purposes of this chapter: Provided,
however, That before the sale, lease, or disposition of real property or
transmission lines, as herein provided, the administrator shall secure
the approval of the President of the United States.
(f) Contracts
Subject only to the provisions of this chapter, the Administrator is
authorized to enter into such contracts, agreements, and arrangements,
including the amendment, modification, adjustment, or cancelation /1/
thereof and the compromise or final settlement of any claim arising
thereunder, and to make such expenditures, upon such terms and
conditions and in such manner as he may deem necessary.
(Aug. 20, 1937, ch. 720, 2, 50 Stat. 732; Mar. 6, 1940, ch. 47,
1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, 1, 5, 59 Stat. 546, 547;
July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501; 1965 Reorg.
Plan No. 4, 11(c), 13(a), eff. July 27, 1965, 30 F.R. 9353, 79 Stat.
1321; Aug. 4, 1977, Pub. L. 95-91, title III, 302(a)(1)(D), (2), 91
Stat. 578.)
Provisions of the first par. of subsec. (a) which prescribed the
compensation of the Administrator were omitted as compensation of the
Administrator is prescribed by section 5316 of Title 5, Government
Organization and Employees.
1945 -- Subsec. (a). Act Oct. 23, 1945, 5, struck out provisions
relating to the appointment and compensation of an Assistant
Administrator, chief engineer and general counsel and to the powers and
duties of the Assistant Administrator. See section 832i of this title.
Subsec. (f). Act Oct. 23, 1945, 1, substituted ''is authorized to
enter into such contracts, agreements, and arrangements, including the
amendment, modification, adjustment, or cancelation thereof and the
compromise or final settlement of any claim arising thereunder, and to
make such expenditures, upon such terms and conditions and in such
manner as he may deem necessary'' for ''is authorized, in the name of
the United States, to negotiate and enter into such contracts,
agreements, and arrangements as he shall find necessary or appropriate
to carry out the purposes of this chapter''.
1940 -- Subsec. (a). Act Mar. 6, 1940, inserted provisions relating
to jurisdiction and functions of administrator.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Act Mar. 6, 1940, ch. 47, 1, 54 Stat. 47, cited as a credit to
this section, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 650.
In subsec. (a), ''Secretary of Energy'' substituted for ''Secretary
of the Interior'' in five places and ''Department of Energy''
substituted for ''Department of the Interior'' pursuant to Pub. L.
95-91, 302(a)(1)(D), (2), which is classified to section 7152(a)(1)(D),
(2) of Title 42, The Public Health and Welfare, and which transferred
functions of Secretary of the Interior with respect to Bonneville Power
Administration to Secretary of Energy, with Bonneville Power
Administration to be preserved as a distinct organizational entity
within Department of Energy and headed by an Administrator.
Provisions of the second sentence of the second par. of subsec.
(a), which related to the advisory board and its composition, were
omitted pursuant to Reorg. Plan No. 4 of 1965, 11(c) and 13(a), set
out in the Appendix to Title 5, Government Organization and Employees,
which abolished the advisory board and transferred its functions,
including the functions of the chairman and other officers, to the
Secretary of the Interior.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Procedure in condemnation proceedings, see rule 71A of the Federal
Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial
Procedure.
/1/ So in original. Probably should be ''cancellation''.
16 USC 832a-1. Repealed. Pub. L. 88-426, title III, 305(36), Aug.
14, 1964, 78 Stat. 427
TITLE 16 -- CONSERVATION
Section, Pub. L. 87-330, title II, 200, Sept. 30, 1961, 75 Stat.
728, prescribed the compensation of the Administrator, Bonneville Power
Administration, and is prescribed by section 5316 of Title 5, Government
Organization and Employees.
Repeal effective on first day of first pay period which begins on or
after July 1, 1964, see section 501 of Pub. L. 88-426.
16 USC 832b. Definitions
TITLE 16 -- CONSERVATION
As employed in this chapter, the term ''public body'', or ''public
bodies'', means States, public power districts, counties, and
municipalities, including agencies or subdivisions of any thereof.
As employed in this chapter, the term ''cooperative'', or
''cooperatives'', means any form of nonprofit-making organization or
organizations of citizens supplying, or which may be created to supply,
members with any kind of goods, commodities, or services, as nearly as
possible at cost.
(Aug. 20, 1937, ch. 720, 3, 50 Stat. 733.)
16 USC 832c. Distribution of electricity; preference to public bodies
and cooperatives
TITLE 16 -- CONSERVATION
(a) General provisions
In order to insure that the facilities for the generation of electric
energy at the Bonneville project shall be operated for the benefit of
the general public, and particularly of domestic and rural consumers,
the administrator shall at all times, in disposing of electric energy
generated at said project, give preference and priority to public bodies
and cooperatives.
(b) Prior to January 1, 1942; subsequent thereto
To preserve and protect the preferential rights and priorities of
public bodies and cooperatives as provided in subsection (a) of this
section and to effectuate the intent and purpose of this chapter that at
all times up to January 1, 1942, there shall be available for sale to
public bodies and cooperatives not less than 50 per centum of the
electric energy produced at the Bonneville project, it shall be the duty
of the administrator in making contracts for the sale of such energy to
so arrange such contracts as to make such 50 per centum of such energy
available to said public bodies and cooperatives until January 1, 1942:
Provided, That the electric energy so reserved for but not actually
purchased by and delivered to such public bodies and cooperatives prior
to January 1, 1942, may be disposed of temporarily so long as such
temporary disposition will not interfere with the purchase by and
delivery to such public bodies and cooperatives at any time prior to
January 1, 1942: Provided further, That nothing herein contained shall
be construed to limit or impair the preferential and priority rights of
such public bodies or cooperatives after January 1, 1942; and in the
event that after such date there shall be conflicting or competing
applications for an allocation of electric energy between any public
body or cooperative on the one hand and a private agency of any
character on the other, the application of such public body or
cooperative shall be granted.
(c) Allowance of time for financing
An application by any public body or cooperative for an allocation of
electric energy shall not be denied, or another application competing or
in conflict therewith be granted, to any private corporation, company,
agency, or person, on the ground that any proposed bond or other
security issue of any such public body or cooperative, the sale of which
is necessary to enable such prospective purchaser to enter into the
public business of selling and distributing the electric energy proposed
to be purchased, has not been authorized or marketed, until after a
reasonable time, to be determined by the administrator, has been
afforded such public body or cooperative to have such bond or other
security issue authorized or marketed.
(d) Congressional declaration of policy; allowance of time for
creation and organization
It is declared to be the policy of the Congress, as expressed in this
chapter, to preserve the said preferential status of the public bodies
and cooperatives herein referred to, and to give to the people of the
States within economic transmission distance of the Bonneville project
reasonable opportunity and time to hold any election or elections or
take any action necessary to create such public bodies and cooperatives
as the laws of such States authorize and permit, and to afford such
public bodies or cooperatives reasonable time and opportunity to take
any action necessary to authorize the issuance of bonds or to arrange
other financing necessary to construct or acquire necessary and
desirable electric distribution facilities, and in all other respects
legally to become qualified purchasers and distributors of electric
energy available under this chapter.
(Aug. 20, 1937, ch. 720, 4, 50 Stat. 733; Mar. 6, 1940, ch. 47, 3,
54 Stat. 47.)
1940 -- Subsec. (b). Act Mar. 6, 1940, substituted ''January 1,
1942'' for ''January 1, 1941'' wherever appearing.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 832d. Contracts for sale of electricity
TITLE 16 -- CONSERVATION
(a) Authorization of Administrator; contents of contracts
Subject to the provisions of this chapter and to such rate schedules
as the Secretary of Energy may approve, as provided in this chapter, the
administrator shall negotiate and enter into contracts for the sale at
wholesale of electric energy, either for resale or direct consumption,
to public bodies and cooperatives and to private agencies and persons
and for the disposition of electric energy to Federal agencies.
Contracts for the sale of electric energy to any private person or
agency other than a privately owned public utility engaged in selling
electric energy to the general public, shall contain a provision
forbidding such private purchaser to resell any of such electric energy
so purchased to any private utility or agency engaged in the sale of
electric energy to the general public, and requiring the immediate
canceling of such contract of sale in the event of violation of such
provision. Contracts entered into under this subsection shall be
binding in accordance with the terms thereof and shall be effective for
such period or periods, including renewals or extensions, as may be
provided therein, not exceeding in the aggregate twenty years from the
respective dates of the making of such contracts. Contracts entered
into under this subsection shall contain (1) such provisions as the
administrator and purchaser agree upon for the equitable adjustment of
rates at appropriate intervals, not less frequently than once in every
five years, and (2) in the case of a contract with any purchaser engaged
in the business of selling electric energy to the general public, the
contract shall provide that the administrator may cancel such contract
upon five years' notice in writing if in the judgment of the
administrator any part of the electric energy purchased under such
contract is likely to be needed to satisfy the requirements of the said
public bodies or cooperatives referred to in this chapter, and that such
cancelation may be with respect to all or any part of the electric
energy so purchased under said contract to the end that the preferential
rights and priorities accorded public bodies and cooperatives under this
chapter shall at all times be preserved. Contracts entered into with
any utility engaged in the sale of electric energy to the general public
shall contain such terms and conditions, including among other things
stipulations concerning resale and resale rates by any such utility, as
the administrator may deem necessary, desirable or appropriate to
effectuate the purposes of this chapter and to insure that resale by
such utility to the ultimate consumer shall be at rates which are
reasonable and nondiscriminatory. Such contracts shall also require
such utility to keep on file in the office of the administrator a
schedule of all its rates and charges to the public for electric energy
and such alterations and changes therein as may be put into effect by
such utility.
(b) Exchange of excess power
The administrator is authorized to enter into contracts with public
or private power systems for the mutual exchange of unused excess power
upon suitable exchange terms for the purpose of economical operation or
of providing emergency or break-down relief.
(Aug. 20, 1937, ch. 720, 5, 50 Stat. 734; Oct. 23, 1945, ch. 433,
2, 59 Stat. 546; Aug. 4, 1977, Pub. L. 95-91, title III, 301(b), 91
Stat. 578.)
1945 -- Subsec. (a). Act Oct. 23, 1945, inserted ''and for the
disposition of electric energy to Federal agencies'' in first sentence.
''Secretary of Energy'' substituted for ''Federal Power Commission''
in subsec. (a) pursuant to Pub. L. 95-91, 301(b), which is classified
to section 7151(b) of Title 42, The Public Health and Welfare.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to
be preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 832e. Rate schedules
TITLE 16 -- CONSERVATION
Schedules of rates and charges for electric energy produced at the
Bonneville project and sold to purchasers as in this chapter provided
shall be prepared by the administrator and become effective upon
confirmation and approval thereof by the Secretary of Energy; and such
rates and charges shall also be applicable to dispositions of electric
energy to Federal agencies. Subject to confirmation and approval by the
Secretary of Energy, such rate schedules may be modified from time to
time by the administrator, and shall be fixed and established with a
view to encouraging the widest possible diversified use of electric
energy. The said rate schedules may provide for uniform rates or rates
uniform throughout prescribed transmission areas in order to extend the
benefits of an integrated transmission system and encourage the
equitable distribution of the electric energy developed at the
Bonneville project.
(Aug. 20, 1937, ch. 720, 6, 50 Stat. 735; Oct. 23, 1945, ch. 433,
3, 59 Stat. 546; Aug. 4, 1977, Pub. L. 95-91, title III, 301(b), 91
Stat. 578.)
1945 -- Act Oct. 23, 1945, inserted ''and such rates and charges
shall also be applicable to dispositions of electric energy to Federal
agencies'' in first sentence.
''Secretary of Energy'' substituted in text for ''Federal Power
Commission'' pursuant to Pub. L. 95-91, 301(b), which is classified to
section 7151(b) of Title 42, The Public Health and Welfare.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 832f. Elements in determining rates
TITLE 16 -- CONSERVATION
It is the intent of Congress that rate schedules for the sale of
electric energy which is or may be generated at the Bonneville project
in excess of the amount required for operating the dam, locks, and
appurtenant works at said project shall be determined with due regard to
and predicated upon the fact that such electric energy is developed from
water power created as an incident to the construction of the dam in the
Columbia River at the Bonneville project for the purposes set forth in
section 832 of this title. Rate schedules shall be drawn having regard
to the recovery (upon the basis of the application of such rate
schedules to the capacity of the electric facilities of Bonneville
project) of the cost of producing and transmitting such electric energy,
including the amortization of the capital investment over a reasonable
period of years. Rates schedules shall be based upon an allocation of
costs made by the Secretary of Energy. In computing the cost of
electric energy developed from water power created as an incident to and
a byproduct of the construction of the Bonneville project, the Secretary
of Energy may allocate to the costs of electric facilities such a share
of the cost of facilities having joint value for the production of
electric energy and other purposes as the power development may fairly
bear as compared with such other purposes.
(Aug. 20, 1937, ch. 720, 7, 50 Stat. 735; Aug. 4, 1977, Pub. L.
95-91, title III, 301(b), 91 Stat. 578.)
''Secretary of Energy'' substituted in text for ''Federal Power
Commission'' pursuant to Pub. L. 95-91, 301(b), which is classified to
section 7151(b) of Title 42, The Public Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
16 USC 832g. Purchase of supplies and services
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, all purchases and
contracts made by the administrator or the Secretary of the Army for
supplies or for services except for personal services, shall be made
after advertising, in such manner and at such times, sufficiently in
advance of opening bids, as the administrator or Secretary of the Army,
as the case may be, shall determine to be adequate to insure notice and
opportunity for competition. Such advertisement shall not be required,
however, when (1) an emergency requires immediate delivery of the
supplies or performance of the services; or (2) repair parts,
accessories, supplemental equipment, or services are required for
supplies or services previously furnished or contracted for; or (3) the
aggregate amount involved in any purchase of supplies or procurement of
services does not exceed $500; in which cases such purchases of
supplies or procurement of services may be made in the open market in
the manner common among businessmen. In comparing bids and in making
awards, the administrator or the Secretary of the Army, as the case may
be, may consider such factors as relative quality and adaptability of
supplies or services, the bidder's financial responsibility, skill,
experience, record of integrity in dealing, and ability to furnish
repairs and maintenance services, the time of delivery or performance
offered, and whether the bidder has complied with the specifications.
(Aug. 20, 1937, ch. 720, 8, 50 Stat. 735; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 832h. Miscellaneous administrative provisions
TITLE 16 -- CONSERVATION
(a) Accounts; audit; procedures, etc., prescribed
The administrator, subject to the requirements of the Federal Power
Act (16 U.S.C. 791a et seq.), shall keep complete and accurate accounts
of operations, including all funds expended and received in connection
with transmission and sale of electric energy generated at the
Bonneville project, and in the maintenance of such accounts, appropriate
obligations shall be established for annual and sick leave of absence as
earned. The Administrator shall, after the close of each fiscal year,
obtain an independent commercial-type audit of such accounts. The
forms, systems, and procedures prescribed by the Comptroller General for
the Administrator's appropriation and fund accounting shall be in
accordance with the requirements of the Federal Power Act with respect
to accounts of electric operations of public utilities and the
regulations of the Federal Energy Regulatory Commission pursuant
thereto.
(b) Current expenses
The administrator may make such expenditures for offices, vehicles,
furnishings, equipment, supplies, and books; for attendance at
meetings; and for such other facilities and services as he may find
necessary for the proper administration of this chapter.
(Aug. 20, 1937, ch. 720, 9, 50 Stat. 736; Oct. 23, 1945, ch. 433,
4, 59 Stat. 547; June 14, 1966, Pub. L. 89-448, 2(a), formerly 2, 80
Stat. 200, as renumbered Pub. L. 89-561, 6(1), Sept. 7, 1966, 80 Stat.
714; Aug. 4, 1977, Pub. L. 95-91, title IV, 402(a)(1)(B), 91 Stat.
583.)
Federal Power Act, referred to in subsec. (a), was in the original
the ''Federal Water Power Act'', and was redesignated the Federal Power
Act by section 791a of this title. The Federal Power Act is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, and is classified
generally to chapter 12 ( 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
1966 -- Subsec. (c). Pub. L. 89-448 repealed subsec. (c) which
provided for annual financial statement to Congress. See section 835j
of this title.
1945 -- Subsec. (a). Act Oct. 23, 1945, inserted provisions
relating to obligations for annual and sick leave of absence, annual
commercial-type audits and forms, systems and procedures for the
Administrator's appropriation and fund accounting.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
''Federal Energy Regulatory Commission'' substituted for ''Federal
Power Commission'' in subsec. (a) pursuant to Pub. L. 95-91,
402(a)(1)(B), which is classified to section 7172(a)(1)(B) of Title 42.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 832i. Employment of personnel
TITLE 16 -- CONSERVATION
(a) Appointment of Assistant Administrator, chief engineer, and
general counsel; compensation; duties
The Secretary of Energy shall appoint, without regard to the
civil-service laws, an Assistant Administrator, chief engineer, and
general counsel and shall fix the compensation of each in accordance
with chapter 51 and subchapter III of chapter 53 of title 5. The
Assistant Administrator shall perform the duties and exercise the powers
of the Administrator, in the event of the absence or sickness of the
Administrator until such absence or sickness shall cease and in the
event of a vacancy in the office of Administrator until a successor is
appointed
(b) Officers and employees; compensation
The Administrator, the Secretary of the Army, and the Secretary of
Energy, respectively, are authorized to appoint, subject to the
civil-service laws, such officers and employees as may be necessary to
carry out the purposes of this chapter, the appointment of whom is not
otherwise provided for, and to fix their compensation in accordance with
chapter 51 and subchapter III of chapter 53 of title 5. The
Administrator may employ laborers, mechanics, and workmen in connection
with construction work or the operation and maintenance of electrical
facilities (hereinafter called ''laborers, mechanics, and workmen''),
subject to the civil-service laws. The Administrator is further
authorized to employ physicians, under agreement and without regard to
civil-service laws or regulations, to make physical examinations of
employees or prospective employees who are or may become laborers,
mechanics, and workmen. The Administrator, the Secretary of the Army,
and the Secretary of Energy, respectively, are also authorized to
appoint, without regard to the civil-service laws, such experts as may
be necessary for carrying out the functions entrusted to them under this
chapter.
(c) Voluntary and uncompensated services; utilization of personnel
and equipment of other governmental agencies
The Administrator may accept and utilize such voluntary and
uncompensated services and with the consent of the agency concerned may
utilize such officers, employees, or equipment of any agency of the
Federal, State, or local governments which he finds helpful in carrying
out the purposes of this chapter; in connection with the utilization of
such services, reasonable payments may be allowed for necessary travel
and other expenses.
(Aug. 20, 1937, ch. 720, 10, 50 Stat. 736; Oct. 23, 1945, ch. 433,
5, 59 Stat. 547; July 26, 1947, ch. 343, title II, 205(a), 61 Stat.
501; Oct. 28, 1949, ch. 782, title XI, 1106(a), 63 Stat. 972; Aug. 4,
1977, Pub. L. 95-91, title III, 301(b), 302(a)(1)(D), (2), 91 Stat.
578.)
The civil-service laws, referred to in subsecs. (a) and (b), are set
forth in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
In subsecs. (a) and (b), ''chapter 51 and subchapter III of chapter
53 of title 5'' substituted for ''the Classification Act of 1949, as
amended'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80
Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
Provisions of the second and fourth sentences of subsec. (b) which
authorized the Administrator to fix the compensation of laborers,
mechanics and workmen without regard to the Classification Act of 1923,
and any other laws, rules, or regulations relating to the payment of
employees of the United States and which authorized the Administrator,
the Secretary of the Army and the Secretary of Energy to fix the
compensation of experts without regard to the Classification Act of
1923, were omitted as obsolete. Sections 1202 and 1204 of the
Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act
and all laws or parts of laws inconsistent with the 1949 Act. While
section 1106(a) of the 1949 Act provided that references in other laws
to the 1923 Act should be held and considered to mean the 1949 Act, it
did not have the effect of continuing the exceptions contained in this
subsection because of section 1106(b) which provided that the
application of the 1949 Act to any position, officer, or employee shall
not be affected by section 1106(a). (But see Abell v. United States,
1975, 518 F.2d 1369, cert. denied 429 U.S. 817, and Columbia Power
Trades Council v. United States Department of Energy, 1980, 496 F.Supp.
186.) The Classification Act of 1949 was repealed by Act Sept. 6, 1966,
Pub. L. 89-554, 8(a), 80 Stat. 632 (the first section of which
revised and enacted Title 5, Government Organization and Employees, into
law). Section 5102 of Title 5 contains the applicability provisions of
the 1949 Act, and section 5103 of Title 5 authorizes the Office of
Personnel Management to determine the applicability to specific
positions and employees.
1949 -- Subsecs. (a) and (b). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act of 1923''.
1945 -- Act Oct. 23, 1945, added subsecs. (a) and (c), designated
existing provisions as subsec. (b), and amended such provisions
generally.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
''Secretary of Energy'' substituted for ''Secretary of the Interior''
in subsec. (a) pursuant to Pub. L. 95-91, 302(a)(1)(D), (2), which is
classified to section 7152(a)(1)(D), (2) of Title 42, The Public Health
and Welfare, which transferred functions of Secretary of the Interior
with respect to Bonneville Power Administration to Secretary of Energy,
with Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
''Secretary of Energy'' substituted for ''Federal Power Commission''
in subsec. (b) pursuant to Pub. L. 95-91, 301(b), which is classified
to section 7151(b) of Title 42.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 832j. Deposit of receipts; authorization of appropriations
TITLE 16 -- CONSERVATION
All receipts from transmission and sale of electric energy generated
at the Bonneville project shall be covered into the Treasury of the
United States to the credit of miscellaneous receipts, save and except
that the Treasury shall set up and maintain from such receipts a
continuing fund of $500,000, to the credit of the administrator and
subject to check by him, to defray emergency expenses and to insure
continuous operation. There is authorized to be appropriated from time
to time, out of moneys in the Treasury not otherwise appropriated, such
sums as may be necessary to carry out the provisions of this chapter,
including installation of equipment and machinery for the generation of
electric energy and facilities for its transmission and sale.
(Aug. 20, 1937, ch. 720, 11, 50 Stat. 736.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7193 of Title 42.
16 USC 832k. Authority of Administrator
TITLE 16 -- CONSERVATION
(a) Settlement, compromise, and payment of claims; limitations;
conclusiveness of settlements; restoration of damage
The Administrator is authorized to determine, settle, compromise, and
pay claims and demands against the United States which are not in excess
of $1,000 and are presented to the Administrator in writing within one
year from the date of accrual thereof, for any losses, injuries, or
damages to persons or property, or for the death of persons, resulting
from acts or omissions of employees acting within the scope of their
employment pursuant to this chapter. The Administrator is also
authorized to determine, compromise, and settle any claims and demands
of the United States for any losses, injuries, or damages to property
under the Administrator's control, against other persons or public or
private corporations. The Administrator's determination, compromise,
settlement, or payment of any of the claims referred to in this
subsection shall be final and conclusive upon all officers of the
Government, notwithstanding the provisions of any other Act to the
contrary. When claims presented to the Administrator under this
subsection arise, in whole or in part, out of any damage done to private
property, the Administrator may repair all or any part of such damage in
lieu of making such payments.
(b) Authorization to bring legal proceedings; representation;
supervision by Attorney General
The Administrator may, in the name of the United States, under the
supervision of the Attorney General, bring such suits at law or in
equity as in his judgment may be necessary to carry out the purposes of
this chapter; and he shall be represented in the prosecution and
defense of all litigation, affecting the status or operation of
Bonneville project by the United States attorneys for the districts,
respectively, in which such litigation may arise, or by such attorney or
attorneys as the Attorney General may designate as authorized by law, in
conjunction with the regularly employed attorneys of the Administrator.
(Aug. 20, 1937, ch. 720, 12, 50 Stat. 736; Oct. 23, 1945, ch. 433,
6, 59 Stat. 547; July 26, 1946, ch. 673, 60 Stat. 701.)
1946 -- Subsec. (b). Act July 26, 1946, took from the Administrator
the authority to make settlement of suits.
1945 -- Act Oct. 23, 1945, added subsec. (a), designated existing
provisions as subsec. (b), and amended such provisions generally.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
One form of civil action, see rule 2, Title 28, Appendix, Judiciary
and Judicial Procedure.
16 USC 832l. Separability
TITLE 16 -- CONSERVATION
If any provision of this chapter or the application of such provision
to any person or circumstance shall be held invalid, the remainder of
the chapter and the application of such provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
(Aug. 20, 1937, ch. 720, 13, 50 Stat. 736.)
16 USC CHAPTER 12C -- FORT PECK PROJECT
TITLE 16 -- CONSERVATION
Sec.
833. Completion and maintenance of project; generation of
electricity.
833a. Administration of project.
(a) Disposal of energy; temporary administration; installation and
maintenance of equipment.
(b) Construction and maintenance of electric transmission lines,
substations, and interconnections.
(c) Acquisition of real and personal property.
(d) Acquisition of any property or property rights.
(e) Disposal of real and personal property.
(f) Contracts by Bureau.
833b. Definitions.
833c. Preference to public bodies and cooperatives.
833d. Rate schedules; preparation, approval, and uniformity.
833e. Factors in determining rate schedules.
833f. Purchase of supplies and services.
833g. Miscellaneous administrative provisions.
(a) Accounts.
(b) Expenditures.
833h. Personnel; appointment and compensation.
833i. Deposit of receipts; establishment of continuing fund;
authorization of appropriations.
833j. Suits for and against project; legal representation.
833k. Separability.
833l. Acquisition of Indian lands.
833m. Determination of compensation for acquisition of Indian lands;
funds payable from; disposition of moneys.
833n. Use of deposits by allottees; nontaxability of lands.
833o. Authority of Secretary of the Interior for acquisition of
Indian land.
833p. Reversion of title.
833q. Educational costs of dependents of employees; payments to
school districts; reimbursement from continuing fund.
16 USC 833. Completion and maintenance of project; generation of
electricity
TITLE 16 -- CONSERVATION
For the purpose of improving navigation on the Missouri River, and
for other purposes incidental thereto, the dam and appurtenant works now
under construction at Fort Peck, Montana, and a suitable power plant for
the production of hydroelectric power (which dam, power plant, and
appurtenant works are hereinafter called Fort Peck project), shall be
completed, maintained, and operated under the direction of the Secretary
of the Army and the supervision of the Chief of Engineers, subject to
the provisions of this chapter relating to the powers and duties of the
Bureau of Reclamation (hereinafter called the Bureau), as provided for
in section 833a(a) of this title, respecting the transmission and sale
of electric energy generated at said project. The Secretary of the Army
shall provide, construct, operate, maintain, and improve at Fort Peck
project such machinery, equipment, and facilities for the generation of
electric energy as the Bureau may deem necessary to develop such
electric energy as rapidly as markets may be found therefor. The
electric energy thus generated and not required for the operation of the
dam at such project and the navigation facilities employed in connection
therewith shall be delivered to the Bureau for disposition as provided
in this chapter.
(May 18, 1938, ch. 250, 1, 52 Stat. 403; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833a. Administration of project
TITLE 16 -- CONSERVATION
(a) Disposal of energy; temporary administration; installation and
maintenance of equipment
The electric energy generated in the operation of the said Fort Peck
project shall be disposed of by the Bureau as hereinafter provided. The
Bureau shall exercise the powers and perform the duties provided for in
this chapter under the supervision and direction of the Secretary of the
Interior in accordance with section 373a of title 43. The Bureau shall,
as hereinafter provided, make all arrangements for the sale and
disposition of electric energy generated at the Fort Peck project not
required for the operation of the dam at such project and the navigation
facilities employed in connection therewith. The form of administration
herein established for the Fort Peck project is intended to be
provisional pending the establishment of a permanent administration for
Fort Peck and other projects in the Missouri River Basin. The Secretary
of the Army shall install and maintain additional machinery, equipment,
and facilities for the generation of electric energy at the Fort Peck
project when in the judgment of the Bureau such additional generating
facilities are desirable to meet actual or potential market requirements
for such electric energy. The Secretary of the Army shall schedule the
operations of the several electrical generating units and appurtenant
equipment of the Fort Peck project in accordance with the requirements
of the Bureau. The Secretary of the Army shall provide and maintain for
the use of the Bureau at said Fort Peck project adequate station space
and equipment, including such switches, switchboards, instruments, and
dispatching facilities as may be required by the Bureau for proper
reception, handling, and dispatching of the electric energy produced at
the said project, together with transformers and other equipment
required by the Bureau for the transmission of such energy from that
place at suitable voltage to the markets which the Bureau desires to
serve.
(b) Construction and maintenance of electric transmission lines,
substations, and interconnections
In order to encourage the widest possible use of all electric energy
that can be generated and marketed and to provide reasonable outlets
therefor, and to prevent the monopolization thereof by limited groups,
the Bureau is authorized and directed to provide, construct, operate,
maintain, and improve such electric transmission lines and substations,
and facilities and structures appurtenant thereto, as it finds
necessary, desirable, or appropriate for the purpose of transmitting
electric energy, available for sale, from the Fort Peck project to
existing and potential markets, and, for the purpose of interchange of
electric energy, to interconnect the Fort Peck project with either
private or with other Federal projects and publicly owned power systems
now or hereafter constructed.
(c) Acquisition of real and personal property
The Secretary of the Interior is authorized, in the name of the
United States, to acquire, by purchase, lease, condemnation, or
donation, such real and personal property, or any interest therein,
including lands, easements, rights-of-way, franchises, electric
transmission lines, substations, and facilities and structures
appurtenant thereto, as he finds necessary or appropriate to carry out
the purposes of this chapter. Title to all property and property rights
acquired by said Secretary shall be taken in the name of the United
States.
(d) Acquisition of any property or property rights
The Secretary of the Interior shall have power to acquire any
property or property rights, including patent rights, which in his
opinion are necessary to carry out the purposes of this chapter, by
purchase, lease, donation, or by the exercise of the right of eminent
domain and to institute condemnation proceedings therefor in the same
manner as is provided by law for the condemnation of real estate.
(e) Disposal of real and personal property
The Secretary of the Interior is authorized, in the name of the
United States, to sell, lease, or otherwise dispose of such personal
property as in his judgment is not required for the purposes of this
chapter and such real property and interests in land acquired in
connection with construction or operation of electric transmission lines
or substations as in his judgment are not required for the purposes of
this chapter.
(f) Contracts by Bureau
Subject to the provisions of this chapter, the Bureau is authorized,
in the name of the United States, to negotiate and enter into such
contracts, agreements, and arrangements as it shall find necessary or
appropriate to carry out the purposes of this chapter.
(May 18, 1938, ch. 250, 2, 52 Stat. 404; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
Act Aug. 31, 1951, ch. 375, title I, 101, 65 Stat. 257, provided
in part: ''The Secretary of the Army is hereby authorized to transfer
to the Department of the Interior without exchange of funds, all of the
right, title, and interest of the Department of the Army in and to the
following facilities, including rights-of-way (except that portion of
the rights-of-way within the Fort Peck Reservoir area), but there shall
be reserved the right to use the power facilities for the purpose of
transmitting power to the Fort Peck project during emergency periods
when the Fort Peck power plant is not functioning: (a) the Fort
Peck-Rainbow (Great Falls) 161 kilovolt transmission line; (b) the
Rainbow (Great Falls) terminal facilities; and (c) the Fort
Peck-Whatley 50 kilovolt transmission line and substation.''
Price; Authority of Secretary
Act Feb. 27, 1948, ch. 75, 62 Stat. 36, provided: ''That, in aid
of the administration of the Fort Peck project, there is hereby granted
to the United States, for use by the Bureau of Reclamation, Department
of the Interior (hereinafter referred to as the 'Bureau'), in the
discharge of its duties pursuant to the Act of May 18, 1938 (52 Stat.
403) (this chapter), the electric-transmission lines, substations,
rights-of-way, and other property described in section 7 of that certain
permit and memorandum of understanding, dated November 2, 1945, between
the Bureau and the Office of Indian Affairs, Department of the Interior
(hereinafter referred to as the 'Indian Office'): Provided, however,
That the Bureau shall continue to furnish electric service for the uses
and purposes of the Indian Office on the Fort Peck Indian Reservation,
pursuant to the terms and conditions of said permit and memorandum of
understanding, except as the same may be modified by the Secretary of
the Interior.
''Sec. 2. That the amount of money to be paid for said property shall
be $58,577.52, or so much thereof as the Secretary of the Interior shall
determine to be needed pursuant to the provisions of said permit and
memorandum of understanding. Such sum shall be paid, from funds now or
hereafter made available to the Department of the Interior for the
construction of transmission lines and substations of the Fort Peck
project, to the Commissioner of Indian Affairs, who shall deposit such
sum in the Treasury of the United States as a credit on expenditures
made for irrigation and power construction on the Fort Peck Indian
irrigation project.
''Sec. 3. The Secretary of the Interior is authorized to perform any
and all acts as may be deemed necessary to carry out the provisions of
this Act (Act Feb. 27, 1948, ch. 75, 62 Stat. 36).''
Procedure in condemnation proceedings, see rule 71A, Title 28,
Appendix, Judiciary and Judicial Procedure.
16 USC 833b. Definitions
TITLE 16 -- CONSERVATION
As employed in this chapter, the term ''public body,'' or ''public
bodies,'' means States, public power districts, counties, and
municipalities, including agencies or subdivisions of any thereof.
As employed in this chapter, the term ''cooperative,'' or
''cooperatives,'' means any form of nonprofit-making organization or
organizations of citizens supplying, or which may be created to supply,
members with any kind of goods, commodities, or services, as nearly as
possible at cost.
(May 18, 1938, ch. 250, 3, 52 Stat. 405.)
16 USC 833c. Preference to public bodies and cooperatives
TITLE 16 -- CONSERVATION
In order to insure that the facilities for the generation of electric
energy at the Fort Peck project shall be operated for the benefit of the
general public, and particularly of domestic and rural consumers, the
Bureau shall at all times, in disposing of electric energy generated at
said project, give preference and priority to public bodies and
cooperatives.
(May 18, 1938, ch. 250, 4, 52 Stat. 405.)
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833d. Rate schedules; preparation, approval, and uniformity
TITLE 16 -- CONSERVATION
Schedules of rates and charges for electric energy produced at the
Fort Peck project and sold to purchasers as in this chapter provided
shall be prepared by the Bureau and become effective upon confirmation
and approval thereof by the Secretary of Energy. Subject to
confirmation and approval by the Secretary of Energy, such rate
schedules may be modified from time to time by the Bureau and shall be
fixed and established with a view to encouraging the widest possible
diversified use of electric energy. The said rate schedules may provide
for uniform rate or rates uniform throughout prescribed transmission
areas in order to extend the benefits of an integrated transmission
system and encourage the equitable distribution of the electric energy
developed at the Fort Peck project.
(May 18, 1938, ch. 250, 5, 52 Stat. 405; Aug. 4, 1977, Pub. L.
95-91, title III, 301(b), 91 Stat. 578.)
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
''Secretary of Energy'' substituted in text for ''Federal Power
Commission'' pursuant to Pub. L. 95-91, 301(b), which is classified to
section 7151(b) of Title 42.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833e. Factors in determining rate schedules
TITLE 16 -- CONSERVATION
It is the intent of Congress that rate schedules for the sale of
electric energy which is or may be generated at the Fort Peck project in
excess of the amount required for operating the dam and appurtenant
works at said project shall be determined with due regard to and
predicated upon the fact that such electric energy is developed from
water power created as an incident to the construction of the dam in the
Missouri River at the Fort Peck project for the purposes set forth in
section 833 of this title. Rate schedules shall be drawn having regard
to the recovery (upon the basis of the application of such rate
schedules to the capacity of the electric facilities of Fort Peck
project) of the cost of producing and transmitting such electric energy,
including the amortization of the capital investment over a reasonable
period of years. Rate schedules shall be based upon an allocation of
costs made by the Secretary of Energy. In computing the cost of
electric energy developed from water power created as an incident to and
a byproduct of the construction of Fort Peck project, the Secretary of
Energy may allocate to the costs of electric facilities such a share of
the cost of facilities having joint value for the production of electric
energy and other purposes as the power development may fairly bear as
compared with such other purposes.
(May 18, 1938, ch. 250, 6, 52 Stat. 405; Aug. 4, 1977, Pub. L.
95-91, title III, 301(b), 91 Stat. 578.)
''Secretary of Energy'' substituted in text for ''Federal Power
Commission'' pursuant to Pub. L. 95-91, 301(b), which is classified to
section 7151(b) of Title 42, The Public Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
16 USC 833f. Purchase of supplies and services
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, all purchases and
contracts made by the Bureau or the Secretary of the Army for supplies
or for services, except for personal services, shall be made after
advertising, in such manner and at such times, sufficiently in advance
of opening bids, as the Bureau or Secretary of the Army, as the case may
be, shall determine to be adequate to insure notice and opportunity for
competition. Such advertisement shall not be required, however, when
(1) an emergency requires immediate delivery of the supplies or
performance of the services; or (2) repair parts, accessories,
supplemental equipment, or services are required for supplies or
services previously furnished or contracted for; or (3) the aggregate
amount involved in any purchase of supplies or procurement of services
does not exceed $500; in which cases such purchase of supplies or
procurement of services may be made in the open market in the manner
common among businessmen. In comparing bids and in making awards, the
Bureau or the Secretary of the Army, as the case may be, may consider
such factors as relative quality and adaptability of supplies or
services, the bidder's financial responsibility, skill, experience,
record of integrity in dealing, and ability to furnish repairs and
maintenance services, the time of delivery or performance offered, and
whether the bidder has complied with the specifications.
(May 18, 1938, ch. 250, 7, 52 Stat. 406; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833g. Miscellaneous administrative provisions
TITLE 16 -- CONSERVATION
(a) Accounts
The Bureau, subject to the requirements of the Federal Power Act (16
U.S.C. 791a et seq.), shall keep complete and accurate accounts of
operations, including all funds expended and received in connection with
transmission and sale of electric energy generated at the Fort Peck
project.
(b) Expenditures
The Bureau may make such expenditures for offices, vehicles,
furnishings, equipment, supplies, and books; for attendance at
meetings; and for such other facilities and services as it may find
necessary for the proper administration of this chapter.
(May 18, 1938, ch. 250, 8, 52 Stat. 406; Aug. 30, 1954, ch. 1076,
1(23), 68 Stat. 968.)
The Federal Power Act, referred to in subsec. (a), was in the
original the ''Federal Water Power Act'', and was redesignated the
Federal Power Act by section 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is
classified generally to chapter 12 ( 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a of
this title and Tables.
1954 -- Subsec. (c). Act Aug. 30, 1954, repealed subsec. (c) which
required the Secretary of the Interior to submit an annual financial
statement and report to Congress concerning the transmission and sale of
electric energy generated at the Fort Peck project.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833h. Personnel; appointment and compensation
TITLE 16 -- CONSERVATION
The Secretary of the Interior, the Secretary of the Army, and the
Secretary of Energy, respectively, shall appoint such attorneys,
engineers, and other experts as may be necessary for carrying out the
functions entrusted to them under this chapter, and shall fix the
compensation of each of such attorneys, engineers, and other experts;
and they may, subject to the civil-service laws, appoint such other
officers and employees as may be necessary to carry out such functions
and fix their salaries in accordance with chapter 51 and subchapter III
of chapter 53 of title 5. In the administration of this chapter the
services of regular employees in the Bureau may be utilized and an
equitable part of the salaries of such employees whose services are thus
utilized may be charged by the Bureau to the operating costs of the
power features of the Fort Peck project. The Bureau similarly may
utilize and charge for facilities of the Bureau which economically can
be used in connection with the administration of this chapter.
(May 18, 1938, ch. 250, 9, 52 Stat. 406; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Oct. 28, 1949, ch. 782, title XI,
1106(a), 63 Stat. 972; Aug. 4, 1977, Pub. L. 95-91, title III, 301(b),
91 Stat. 578.)
Provisions which authorized the Secretary of the Interior, the
Secretary of the Army, and the Secretary of Energy to appoint such
attorneys, engineers, and other experts as may be necessary for carrying
out the functions entrusted to them under this chapter ''without regard
to the provisions of the civil-service laws'', and to fix their
compensation ''at not to exceed $7,500 per annum'', have been omitted as
obsolete and superseded.
Such appointments are subject to the civil service laws unless
specifically excepted by those laws or by laws enacted subsequent to
Executive Order No. 8743, Apr. 23, 1941, issued by the President
pursuant to the Act of Nov. 26, 1940, ch. 919, title I, 1, 54 Stat.
1211, which covered most excepted positions into the classified
(competitive) civil service. The Order is set out as a note under
section 3301 of Title 5, Government Organization and Employees.
As to the compensation of such personnel, sections 1202 and 1204 of
the Classification Act of 1949, 63 Stat. 972, 973, repealed the
Classification Act of 1923 and all other laws or parts of laws
inconsistent with the 1949 Act. The Classification Act of 1949 was
repealed by Pub. L. 89-554, Sept. 6, 1966, 8(a), 80 Stat. 632, and
reenacted as chapter 51 and subchapter III of chapter 53 of Title 5.
Section 5102 of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.
''Chapter 51 and subchapter III of chapter 53 of title 5''
substituted in text for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5.
1949 -- Act Oct. 28, 1949, substituted ''Classification Act of
1949'' for ''Classification Act of 1923''.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
''Secretary of Energy'' substituted in text for ''Federal Power
Commission'' pursuant to Pub. L. 95-91, 301(b), which is classified to
section 7151(b) of Title 42.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833i. Deposit of receipts; establishment of continuing fund;
authorization of appropriations
TITLE 16 -- CONSERVATION
All receipts from transmission and sale of electric energy generated
at the Fort Peck project shall be covered into the Treasury of the
United States to the credit of miscellaneous receipts, save and except
that the Treasury shall set up and maintain from such receipts a
continuing fund of $500,000, to the credit of the Bureau and subject to
expenditure by it, to defray the operating expense of generation and
transmission of power delivered to the Bureau for disposal under this
chapter, to defray emergency expenses and to insure continuous
operation. There is authorized to be appropriated from time to time,
out of moneys in the Treasury not otherwise appropriated, such sums as
may be necessary to carry out the provisions of this chapter, including
installation of equipment and machinery for the generation of electric
energy, and facilities for its transmission and sale.
(May 18, 1938, ch. 250, 10, 52 Stat. 406.)
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833j. Suits for and against project; legal representation
TITLE 16 -- CONSERVATION
The Secretary of the Interior may, in the name of the United States,
under the supervision of the Attorney General, bring such suits at law
or in equity as in his judgment may be necessary to carry out the
purposes of this chapter; and he shall be represented in the
prosecution and defense of all litigation affecting the status or
operation of the Fort Peck project by the United States attorneys for
the districts, respectively, in which such litigation may arise, or by
such attorney or attorneys as the Attorney General may designate as
authorized by law, in conjunction with the regularly employed attorneys
of the Bureau.
(May 18, 1938, ch. 250, 11, 52 Stat. 407.)
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
One form of civil action, see rule 2, Title 28, Appendix, Judiciary
and Judicial Procedure.
16 USC 833k. Separability
TITLE 16 -- CONSERVATION
If any provision of this chapter or the application of such provision
to any person or circumstances shall be held invalid, the remainder of
the chapter and the application of such provisions to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
(May 18, 1938, ch. 250, 12, 52 Stat. 407.)
16 USC 833l. Acquisition of Indian lands
TITLE 16 -- CONSERVATION
In aid of the construction of the Fort Peck project, there is granted
to the United States, subject to the provisions of sections 833l to 833p
of this title, such right, title, and interest of the Indians as may be
required in and to such tribal and allotted lands as may be designated
by the Secretary of the Interior from time to time for the construction,
operation, and maintenance of electric transmission lines and other
works of the project or for the relocation or reconstruction of
properties made necessary by the construction of the project.
(Apr. 23, 1946, ch. 199, 1, 60 Stat. 118.)
Section was not enacted as part of act May 18, 1938, which comprises
this chapter.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833m. Determination of compensation for acquisition of Indian
lands; funds payable from; disposition of moneys
TITLE 16 -- CONSERVATION
As lands or interests in lands are designated from time to time under
sections 833l to 833p of this title, the Secretary of the Interior shall
determine the amount of money to be paid to the Indians as just and
equitable compensation therefor. The amounts due the tribe and the
individual allottees or their heirs or devisees shall be paid from funds
now or hereafter made available to the Department of the Interior for
the Fort Peck project to the superintendent of the appropriate Indian
agency, or such other officer as may be designated by the Secretary of
the Interior, for credit on the books of such agency to the accounts of
the tribe and the individuals concerned.
(Apr. 23, 1946, ch. 199, 2, 60 Stat. 118.)
Section was not enacted as part of act May 18, 1938, which comprises
this chapter.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833n. Use of deposits by allottees; nontaxability of lands
TITLE 16 -- CONSERVATION
Funds deposited to the credit of allottees, their heirs, or devisees
may be used, in the discretion of the Secretary of the Interior, for the
acquisition of other lands and improvements, or the relocation of
existing improvements or construction of new improvements on the lands
so acquired for the allottees or heirs whose lands and improvements are
acquired under the provisions of sections 833l to 833p of this title.
Lands so acquired shall be held in the same status as those from which
the funds were derived, and shall be nontaxable until otherwise provided
by Congress.
(Apr. 23, 1946, ch. 199, 3, 60 Stat. 118.)
Section was not enacted as part of act May 18, 1938, which comprises
this chapter.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833o. Authority of Secretary of the Interior for acquisition of
Indian land
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to perform any and all
acts and to prescribe such regulations as he may deem appropriate to
carry out the provisions of sections 833l to 833p of this title.
(Apr. 23, 1946, ch. 199, 4, 60 Stat. 118.)
Section was not enacted as part of act May 18, 1938, which comprises
this chapter.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 833p. Reversion of title
TITLE 16 -- CONSERVATION
All designations of Indian lands pursuant to sections 833l to 833p of
this title shall be made subject to the condition that in the event any
such lands shall no longer be required for the purposes for which they
were designated, then the right, title, or interest so acquired in lands
so designated shall revert to the United States in trust for the Fort
Peck Indian Tribes.
(Apr. 23, 1946, ch. 199, 5, 60 Stat. 118.)
Section was not enacted as part of act May 18, 1938, which comprises
this chapter.
16 USC 833q. Educational costs of dependents of employees; payments
to school districts; reimbursement from continuing fund
TITLE 16 -- CONSERVATION
Under regulations prescribed by the Secretary of the Army, payments
may be made, in advance or otherwise, from any funds available for the
Fort Peck project, Montana, to the school district or districts serving
that project as reimbursement for educational facilities (including,
where appropriate, transportation to and from school) furnished by the
said district or districts to pupils who are dependents of persons
engaged in the construction, operation, and maintenance of the project
and living at or near Fort Peck upon real property of the United States
not subject to taxation by State or local agencies and upon which
payments in lieu of taxes are not made by the United States, which
payments for any school year shall not exceed that part of the cost of
operating and maintaining such facilities which the number of pupils
aforesaid in average daily attendance during that year bears to the
whole number of pupils in average daily attendance at those schools
during that year: Provided, That of the whole amount so paid in any
fiscal year, the Bureau of Reclamation, Department of the Interior,
shall reimburse the Secretary of the Army from the continuing fund
provided in section 833i of this title, that part which is properly
chargeable as an operation expense incident to the generation and
transmission of power delivered to the Bureau under said section.
(June 3, 1948, ch. 389, 62 Stat. 297.)
Section was not enacted as part of act May 18, 1938, which comprises
this chapter.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC CHAPTER 12D -- COLUMBIA BASIN PROJECT
TITLE 16 -- CONSERVATION
Sec.
835. Project authorized; laws applicable.
835-1. Laws governing.
835a, 835b. Repealed.
835c. Duties of Secretary of the Interior.
(a) Administer, sell, and exchange lands, dedicate portions for
public purposes, etc.
(b) Terms of contracts; qualifications of applicants; prohibited
disposals.
835c-1. Taxation and assessments; applicability of State laws.
(a) Payments in lieu of taxes.
(b) Lands acquired by United States.
(c) Sale of project lands.
835c-2. Authorization of appropriations establishment of Columbia
Basin Land Development Account.
835c-3. Repealed.
835c-4. General powers of Secretary of the Interior; delegation to
authorized representatives.
835c-5. Repealed.
835d. Acquisition of Indian lands, Spokane and Colville
Reservations.
835e. Payment for lands acquired from Spokane and Colville
Reservations.
835f. Use of funds deposited to allottees; land and improvements.
835g. Relocation of Indian cemeteries.
835h. Acts and regulations by Secretary of the Interior.
835i. Contracts with State of Washington for maintenance and
operation of fish hatcheries.
835j. Projects marketing commercial power and energy; consolidated
financial statement to President and Congress; adjustment of rates to
assure return of reimbursable construction costs within prescribed
period.
835k. Return of construction costs from marketing revenues in event
of inability of irrigation water users to repay within repayment period
and lack of other sources of revenue.
835l. Congressional declaration of financial policy; limitations on
assistance; analyses and studies; ''net revenues'' defined.
835m. Recommendations for changes in limitations on financial
assistance; time and frequency of submission.
16 USC 835. Project authorized; laws applicable
TITLE 16 -- CONSERVATION
In addition to the primary purposes for which the Grand Coulee Dam
project (hereafter to be known as the Columbia Basin project and herein
called the ''project'') was authorized under the provisions of the Act
of August 30, 1935 (49 Stat. 1028), the project is authorized and
reauthorized as a project subject to the Reclamation Project Act of
1939; and the provisions of each of those two Acts together with the
provisions of sections 835 and 835a to 835c-5 of this title shall govern
the repayment of expenditures and the construction, operation, and
maintenance of the works constructed as a part of the project.
(May 27, 1937, ch. 269, 1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 1,
57 Stat. 14.)
Act of August 30, 1935 (49 Stat. 1028), referred to in text, is act
Aug. 30, 1935, ch. 831, 49 Stat. 1028, as amended, which act, by
section 2, authorized the construction of the Grand Coulee Dam.
The Reclamation Project Act of 1939, referred to in text, is act Aug.
4, 1939, ch. 418, 53 Stat. 1187, as amended, which is classified
generally to sections 375a, 387 to 389, 485 to 485h, and 485i to 485k of
Title 43, Public Lands. For complete classification of this Act to the
Code, see section 485k of Title 43 and Tables.
Those two Acts, referred to in text, refer to the act of Aug. 30,
1935, and to the Reclamation Project Act of 1939. See notes above.
Sections 835a, 835b, 835c-3 and 835c-5 of this title, included within
the reference to sections 835a to 835c-5 of this title, were repealed by
Pub. L. 87-728, 3, Oct. 1, 1962, 76 Stat. 678.
1943 -- Act Mar. 10, 1943, amended section generally.
Section 11 of act Mar. 10, 1943, provided that: ''This Act
(amending this section and sections 835a, 835b, and 835c of this title
and enacting sections 835c-1 to 835c-5 of this title) may be cited as
'The Columbia Basin Project Act'.''
Section 10 of act Mar. 10, 1943, provided that: ''If any provision
of this Act (see Short Title of 1943 Amendment note above) or the
application of such provision to any person or circumstances shall be
held invalid, the remainder of the Act (such sections) and the
application of such provision to persons or circumstances other than
those as to which it is held invalid shall not be affected thereby.''
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
16 USC 835-1. Laws governing
TITLE 16 -- CONSERVATION
The Columbia Basin project shall be governed by the Federal
reclamation laws, being the Act of June 17, 1902 (32 Stat. 388), and all
Acts amendatory thereof or supplementary thereto.
(Pub. L. 87-728, 3, Oct. 1, 1962, 76 Stat. 678.)
Act June 17, 1902 (32 Stat. 388), referred to in text, is act June
17, 1902, ch. 1093, 32 Stat. 388, as amended, known as the Reclamation
Act, which is classified generally to chapter 12 ( 371 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 371 of Title 43 and Tables.
Section is derived from part of section 3 of Pub. L. 87-728.
Remainder of such section amended section 835c of this title, and
repealed sections 835a, 835b, 835c-3, and 835c-5 of this title.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
16 USC 835a, 835b. Repealed. Pub. L. 87-728, 3, Oct. 1, 1962, 76
Stat. 678
TITLE 16 -- CONSERVATION
Section 835a, acts May 27, 1937, ch. 269, 2, 50 Stat. 210; Mar.
10, 1943, ch. 14, 2, 57 Stat. 14; Sept. 26, 1950, ch. 1048, 1(1),
(2), 64 Stat. 1037; Sept. 2, 1957, Pub. L. 85-264, 1(a)-(c), 71
Stat. 590, related to the use of project appropriations for irrigation
features; appraisals and reappraisals of lands; contracts with
subdivisions of state; irrigation blocks; boundaries as determining
right to water; temporary delivery to excess lands; definition of
owners, community property; necessity of execution of recordable
contract; contractual requirements; filing of instruments.
Section 835b, acts May 27, 1937, ch. 269, 3, 50 Stat. 210; Mar.
10, 1943, ch. 14, 3, 57 Stat. 18; Sept. 26, 1950, ch. 1048, 1(3),
64 Stat. 1037, related to consideration for conveyance of lands.
Section 5(b) of Pub. L. 87-728 provided that: ''The rights of any
vendee or grantee as defined in section 3 of the Columbia Basin Project
Act of 1943 (section 835b of this title) are hereby preserved as to any
transactions that were consummated by contract or deed prior to repeal
of said section 3 by this Act.''
Sections 1 and 2 of Pub. L. 87-728 provided: ''That the amendatory
repayment contract with the Quincy Columbia Basin Irrigation District
negotiated by the Secretary of the Interior, pursuant to subsection (a)
of section 7 of the Reclamation Project Act of 1939 (53 Stat. 1192; 43
U.S.C. 485f) (section 485f(a) of Title 43, Public Lands), which contract
was approved by the district electors on February 13, 1962, is hereby
approved and the Secretary is hereby authorized to execute it on behalf
of the United States and to negotiate and execute on behalf of the
United States amendatory repayment contracts in substantially the same
form or amendatory repayment contracts containing substantially the same
provisions with the South and East Columbia Basin Irrigation Districts.
''Sec. 2. Upon any amendatory repayment contract with a Columbia
Basin Irrigation District approved or authorized by this Act (enacting
section 835-1 of this title, amending section 835c, 835c-1, 835c-2,
835c-4 of this title, repealing sections 835a, 835b, 835c-3, and 835c-5
of this title, and enacting provisions set out as notes under sections
835a, 835b, and 835c of the title) becoming effective to bind the United
States, that district's share of the operation and maintenance funds
expended or obligated for the construction of drainage works including
appropriate interest thereon during calendar years 1960, 1961, and 1962
shall be capitalized and charged as a part of the construction cost of
the project assigned directly to irrigation and the Secretary shall
either refund to it or give it credit for (as it may elect) all
operation and maintenance payments (including interest paid by it in
connection therewith) which it has made for the construction of drainage
works during those years, such credit, if so elected by the district, to
be applied against future development period and/or construction charges
of the district as they become due.''
Pub. L. 86-52, June 23, 1959, 73 Stat. 87, provided: ''That
notwithstanding any provisions of sections 2(b)(iii), 2(b)(iv), and 4(b)
of the Columbia Basin Project Act, as amended (section 835a(b)(iii),
(iv) of this title and section 835c(b) of this title) (16 U.S.C., ch.
12D) (this chapter), conformed farm units, or portions of farm units,
comprising not more than six hundred and forty acres of irrigable land
on the Columbia Basin project may be sold by the Secretary of the
Interior and others to the State of Washington for use by the State
College of Washington for agricultural research purposes, and water may
be delivered from, through, or by means of the project works to or for
conformed farm units comprising no more than that acreage, as nonexcess
lands, whether so acquired or already held by the State, as long as they
are used for those purposes. Except as otherwise provided in this Act,
any lands sold to the State under this Act shall be governed by the
provisions of the Columbia Basin Project Act, as amended (sections 835
to 835c-5 of this title) and regulations of the Secretary issued
pursuant thereto.''
Pub. L. 86-52 was amended to permit delivery of water to State owned
lands, see section 7 of Pub. L. 87-728, set out as a note below.
Section 7 of Pub. L. 87-728 provided that: ''The Act of June 23,
1959 (73 Stat. 87) (set out as a note above) is hereby amended to permit
delivery of water to not to exceed six hundred and forty acres of
irrigable lands whether or not said lands are in conformed farm units,
owned by the State of Washington for use by the Washington State
University for agricultural research purposes.''
Section 5(a) of Pub. L. 87-728 provided that: ''Notwithstanding the
provisions of the Federal reclamation laws, water may be delivered to
farm unit platted before the enactment of this Act (Oct. 1, 1962) that
contains a nominal quarter section of land exceeding one hundred and
sixty irrigable acres insofar as those provisions limit the delivery of
water to irrigable lands in excess of one hundred and sixty irrigable
acres.''
16 USC 835c. Duties of Secretary of the Interior
TITLE 16 -- CONSERVATION
(a) Administer, sell, and exchange lands, dedicate portions for
public purposes, etc.
For the purposes of assisting in the permanent settlement of farm
families, protecting project land, and facilitating project development,
the Secretary is authorized to administer public lands of the United
States in the project area and lands acquired under this section; to
sell, exchange, or lease such lands; to dedicate portions of such lands
for public purposes in keeping with sound project development; to
acquire in the name of the United States, at prices satisfactory to him,
such lands or interests in lands, within or adjacent to the project
area, as he deems appropriate for the protection, development, or
improvement of the project; and to accept donations of real and
personal property for the purposes of sections 835 and 835a to 835c-5
/1/ of this title. Any moneys realized on account of donations for
purposes of such sections shall be covered into the Treasury as trust
funds.
(b) Terms of contracts; qualifications of applicants; prohibited
disposals
Contracts, exchanges, and leases made under this section shall be on
terms that, in the Secretary's judgment, are in keeping with sound
project development. In addition, land sale and exchange contracts
shall be on a basis that, in the Secretary's judgment, provides for the
return, in a reasonable period of years, of not less than the appraised
value of the land and improvements thereon. Qualification of applicants
for the purchase of land for irrigation farming shall be prescribed as
provided in section 433 of title 43, notwithstanding any other
provisions of law. No farm unit shall be sold to, and no contract to
sell a farm unit shall be entered into with, any person, corporation, or
joint-stock association which has theretofore purchased or entered into
a contract to purchase a farm unit from the United States on the
Columbia Basin project. The foregoing provisions of this subsection
shall apply only to the sale of farm units which are suitable for
settlement purposes. Farm units which, in the opinion of the Secretary,
are not suitable for settlement purposes may be sold with a preference
to resident project landowners as supplemental units, subject to the
applicable irrigable acreage limitations on the delivery of water, but
the purchasers thereof shall not be entitled to benefits of the Act of
August 13, 1953 (67 Stat. 566) (43 U.S.C. 451 et seq.) with respect
thereto.
(May 27, 1937, ch. 269, 4, 50 Stat. 210; Mar. 10, 1943, ch. 14, 4,
57 Stat. 18; Sept. 26, 1950, ch. 1048, 1(4), 64 Stat. 1037; Sept. 2,
1957, Pub. L. 85-264, 1(d), 71 Stat. 591; Oct. 1, 1962, Pub. L.
87-728, 3, 76 Stat. 678.)
Sections 835a, 835b, 835c-3 and 835c-5, included within the reference
in subsec. (a) to sections 835a to 835c-5 of this title, were repealed
by Pub. L. 87-728, 3, Oct. 1, 1962, 76 Stat. 678.
Act of August 13, 1953, referred to in text, is act Aug. 13, 1953,
ch. 428, 67 Stat. 566, as amended, which is classified generally to
subchapter VII ( 451 et seq.) of chapter 12 of Title 43, Public Lands.
For complete classification of this Act to the Code, see Tables.
1962 -- Subsec. (a). Pub. L. 87-728 struck out provisions stating as
a purpose of this section the prevention of speculation in project
lands, and deleted from among the duties of the Secretary, those to
establish town sites on such lands, and to disseminate information by
appropriate means and methods.
Subsec. (b). Pub. L. 87-728 authorized farm units which are not
suitable for settlement purposes to be sold with a preference to
resident project landowners as supplemental units, subject to the
applicable irrigable acreage limitations on the delivery of water, and
prohibiting purchasers thereof from receiving benefits of the Act of
August 13, 1953, with respect thereto, eliminated provisions which
required land sale and exchange contracts, in the case of lands to be
included in farm units, to provide for the application of provisions
similar to those of the recordable contracts provided under section
835a(c) of this title, and each applicant for the purchase of land for
irrigation farming to agree that he, his heirs and assigns will not,
except with the Secretary's approval, sell, assign, lease, or otherwise
dispose of his land during a period ending five years from the date of
his purchase contract, and prohibiting applications for a farm unit from
any person who, or a member of whose family, then has outstanding
another application for a farm unit on the project or to whom a farm
unit could not at the time of application lawfully be sold under
sections 835 and 835a to 835c-5 of this title, substituted provisions
prohibiting the sale of a farm unit to, and the entering into a contract
to sell a farm unit with, any person, corporation, or joint-stock
association which has theretofore purchased or entered into a contract
to purchase a farm unit from the United States on the Columbia Basin
project for provisions which prohibited the sale of a farm unit to, and
the entering into a contract to sell a farm unit with, any person,
corporation, joint-stock association, or family which has theretofore
purchased or entered into a contract to purchase a farm unit under
sections 835 and 835a to 835c-5 of this title or which then owns a farm
unit within the Columbia Basin project, but not precluding a purchase or
contract to purchase by a person, otherwise eligible, whose farm unit
has been or is acquired by the United States for exchange purposes or,
if he is 18 years of age or older, whose family purchased or entered
into a contract to purchase a farm unit at a time when he was under 18
years of age.
1957 -- Subsec. (b). Pub. L. 85-264 inserted provisions to require
applicant's agreement not to dispose of his land for 5 years from the
date of his purchase contract except with approval of Secretary, to
prohibit receiving application from a person who, or a member of whose
family, has outstanding another application, or to whom a unit could not
at the time of application be lawfully sold, and to prohibit sale or
contracts of sale with those who theretofore purchased or contracted to
purchase, a unit under sections 835 and 835a to 835c-5 of this title, or
then own a unit within the project.
1950 -- Subsec. (b). Act Sept. 26, 1950, permitted the Secretary to
make recordable contract provisions applicable to lands to be included
in farm units.
1943 -- Act Mar. 10, 1943, amended section generally.
Section 4 of Pub. L. 87-728 provided that: ''The Secretary is
hereby authorized and directed to amend or modify all existing
contracts, instruments, rules, regulations, forms, and procedures
entered into or issued under the Columbia Basin Project Act, as amended
(16 U.S.C., chap. 12D) (sections 835 and 835a to 835c-5 of this title)
prior to the date of enactment of this act (Oct. 1, 1962) to conform to
the provisions of this Act (enacting section 835-1 of this title,
amending sections 835c, 835c-1, 835-2, 835c-4 of this title, repealing
sections 835a, 835b, 835c-3, and 835c-5 of this title, and enacting
provisions set out as notes under sections 835a and 835b of this
title).''
Section 2 of Pub. L. 85-264 provided that: ''The Secretary of the
Interior is authorized to amend any contract, which has been entered
into prior to the date of enactment of this Act (Sept. 2, 1957), or any
existing deed or other document to conform with the provisions of the
first section of this Act (amending this section and section 835a of
this title). The consent of the United States is hereby given to the
recording, at the expense of the party benefited thereby, of any such
amendment.''
Pub. L. 85-240, Aug. 30, 1957, 71 Stat. 524, provided:
''(Sec. 1. Purpose Lands Included). That it is the purpose of this
Act, in connection with the Columbia Basin project, to authorize the
disposal of certain Federal property in the unincorporated area in the
State of Washington commonly known as the town of Coulee Dam in order
that the United States may withdraw from the ownership and operation of
the town and that the people of that area may enjoy self-government, to
facilitate the establishment by them of a municipal corporation under
the laws of the State of Washington, and to authorize the disposal of
certain Federal property in and in the immediate vicinity of the city of
Grand Coulee, Washington, in order to reduce restrictions on the growth
thereof. The area herein referred to as the town area is situated in
Douglas, Grant, and Okanogan counties and comprises the following lands:
''Douglas County: Township 29 north, range 30 east, Willamette
meridian, section 36, lots 2, 3, 4, east half southwest quarter and
southwest quarter southwest quarter.
''Grant County: Township 28 north, range 30 east, Willamette
meridian, section 1, lots 1 and 2.
''Okanogan County: Township 28 north, range 31 east, Willamette
meridian, section 6, lot 3.
''Township 29 north, range 30 east, Willamette meridian, section 36,
lots 5, 6, and 7.
''Township 29 north, range 31 east, Willamette meridian, section 30,
all those portions of the south 300 feet of lot 4 included within the
area conveyed to the United States of America by warranty deed executed
by Charles E. Hopkins, and others on September 11, 1946, and recorded
in book 107 of deeds at pages 175 and 176 under Okanogan County
auditor's file numbered 346972 and by warranty deed executed by Charles
E. Hopkins, and others on November 7, 1945, recorded in book 102 of
deeds at pages 441 and 442 under Okanogan County auditor's file numbered
339487.
''Section 31, west half northeast quarter, southeast quarter
northwest quarter, east half southwest quarter, northwest quarter
northwest quarter southeast quarter, and lots 1, 2, 3, and 4.
''The area herein referred to as the Grand Coulee area is situated in
Grant County and comprises the following lands:
''Township 28 north, range 30 east, Willamette meridian, section 11,
south one-half north one-half north one-half southwest one-quarter,
northeast one-quarter southeast one-quarter.
''The term 'the municipality', as used in this Act, refers to any
municipal corporation organized hereafter embracing any part of the town
area described.
''Sec. 2. (Authority of Secretary to Sell Property). Except for
property, disposal of which is authorized under section 6 of this Act,
the Secretary of the Interior, hereinafter referred to as the Secretary,
is authorized to sell all lands and improvements situated in the town
and Grand Coulee areas which was acquired or built by the United States
for the construction, operation, and maintenance of Grand Coulee Dam and
its appurtenant works and which is not needed for Federal purposes.
Such disposals shall be made in accordance with the terms and conditions
set forth in section 3 of this Act, but lands to be sold in the Grand
Coulee area shall be sold at public sale to the highest responsible
bidder.
''Sec. 3. (Manner of Disposal Priority of Purchasers; Terms of
Sale). (a) All land authorized to be sold under section 2 of this Act
which, when offered for sale, is occupied by improvements owned by the
United States shall be sold with the improvements in place.
''(b) Of the property authorized to be sold under section 2 of this
Act, lands in the town area occupied by dwelling units shall be sold in
accordance with the following terms and conditions:
''(1) First priority to purchase shall be given to the tenant of the
United States in the town area who occupies the land and dwelling unit
to be sold. The land and dwelling unit shall be offered at the
appraised value as established under section 5 less any applicable
discounts under this Act. This right of priority shall expire unless a
deposit of earnest money in an amount to be fixed by the Secretary is
received by him before the expiration of sixty days after the date on
which the property has been offered for sale, and the right of priority
shall be deemed abandoned unless within an additional one hundred and
eighty days the prospective purchaser shall have signed a contract to
purchase the property.
''Any tenant having a priority under (1) who desires to continue to
rent the property occupied by him rather than to purchase it may assign
his priority to a person who has entered into a valid contract to lease
the property back to him. The Secretary may permit such other
assignments of priorities under (1) as he finds to be fair and
equitable. Assignments under this paragraph shall be subject to such
general rules and regulations as the Secretary may prescribe, including
denial, in any instance where the Secretary in his judgment finds it
proper, to the assignee concerned, or his successors, assigns, or legal
representatives, of any discount in or rebate of the purchase price to
which such person or persons would otherwise be entitled under this Act.
''(2) Second priority to purchase shall apply to property in the town
area not purchased under (1) and shall be given to persons who are
tenants of the United States in Federal housing in the town area or who
would meet the requirements for eligibility to become such tenants under
the most recent regulations of the Bureau of Reclamation for the
assignment of persons to Federal housing in the town area. Applicants
to purchase shall be placed in order of opportunity to choose pursuant
to a public drawing, but spouses of such applicants shall not be
entitled to apply. Sales shall be at the appraised value as established
under section 5, less applicable discounts under this Act. Selection of
dwelling units by successful applicants, to be accompanied by a deposit
of earnest money fixed as under (1), shall be concluded within limits of
time established by the Secretary, and thereafter the purchase shall be
concluded in the same manner as provided under (1). A purchase under
(1) or (2) shall render the purchaser and any spouse of such purchaser
ineligible thereafter to purchase under either (1) or (2).
''(3) Property not sold under (1) or (2) shall be opened to bids from
the general public and shall be sold to the highest responsible bidder.
''(c)(1) Of the property authorized to be sold under section 2 of
this Act, land in the town area occupied by privately owned improvements
shall be offered for sale to the owner of such improvements at the
appraised value as established under section 5 less applicable discounts
under this Act. This preference right shall expire unless a deposit of
earnest money in an amount to be fixed by the Secretary is received by
the Secretary before the expiration of sixty days after the date on
which the property has been offered for sale, and thereafter the
purchase shall be concluded in the same manner as provided under
subsection (b)(1) of this section.
''(2) Land not purchased by the owner of the improvements (except
church or hospital improvements) thereon under (1) shall be made
available for sale for a period of thirty days to those eligible for
purchase under subsection (f) of this section, and thereafter shall be
opened to bids from the general public and sold to the highest
responsible bidder.
''(3) Land with church or hospital improvements thereon which has not
been purchased by the owners of the improvements under (1) may be
disposed of by advertising and competitive bids, or by negotiated sale
or other transfer at such prices and on such other terms and conditions
as the Secretary shall determine to be fair and equitable.
''(d)(1) Of the property authorized to be sold under section 2 of
this Act, land in the town area occupied by improvements owned by the
United States other than dwelling units shall be offered to the lessee
of the United States in such improvements at the appraised value as
established under section 5 less applicable discounts under this Act:
Provided, That where there is more than one lessee in a given
improvement and the Secretary finds it impractical to offer each lessee
an interest in the property, the Secretary, pursuant to such standards
as he deems appropriate, shall designate an order of priority among such
lessees for acceptance of the offer of sale of such property, which
shall be sold at the appraised value as established under section 5 less
applicable discounts under this Act and pursuant to such other terms and
conditions as the Secretary deems proper. Any preference or priority
right under this paragraph shall expire unless a deposit of earnest
money in an amount to be fixed by the Secretary is received by the
Secretary before the expiration of sixty days after the date on which
the property has been offered for sale, and thereafter the purchase
shall be concluded in the same manner as provided under subsection
(b)(1) of this section.
''(2) Property referred to in (1) which is not under lease granted by
the United States or which has not been purchased under (1) shall be
made available for sale for a period of thirty days to those eligible
for purchase under subsection (f) of this section and thereafter may be
opened to bids from the general public and sold to the highest
responsible bidder.
''(e) Of the property authorized to be sold under section 2 of this
Act, land in the town area which has not been improved or land from
which the improvements have been removed shall be sold in accordance
with the following terms and conditions.
''(1) Residential property in the town area shall be offered for sale
to persons who are tenants of the United States in Federal housing in
the town area or who would meet the requirements for eligibility to
become such tenants under the most recent regulations of the Bureau of
Reclamation for the assignment of persons to Federal housing in the town
area. Applicants to purchase shall be placed in order of opportunity to
choose pursuant to a public drawing. No application shall be accepted
from the spouse of any applicant or from a person, or the spouse of such
person, who owns, has owned, or has contracted to buy other residential
property in the town area. Sales shall be at the appraised value as
established under section 5 less applicable discounts under this Act,
and selection and purchase under this priority by successful applicants
shall be concluded within limits of time to be established by the
Secretary. Residential property which is not sold under the preceding
provisions of this subsection shall be open to bids from the general
public and shall be sold to the highest responsible bidder.
''(2) Property which at the time of sale is zoned for other than
residential use, except such as is disposed of under subsection (f) of
this section and land with church or hospital improvements thereon,
shall be open to bids from the general public and shall be sold to the
highest responsible bidder.
''(f) Of the property in the town area authorized to be sold under
section 2 of this Act, except that which is covered by subsections (b),
(c)(3), and (e)(1) of this section, land not purchased by the holders of
a priority or preference under this section shall, for thirty days
following the period during which holders of a priority or preference
could purchase the same, be offered for sale at the appraised value as
established under section 5 less applicable discounts under this Act to
persons leasing property in the town area from the United States for
business or commercial uses. The Secretary may, in his discretion,
permit more than one lot to be included in a single purchase, but only
if the property to be purchased is compact and contiguous. If two or
more applicants to purchase under this subsection desire the same
property, their order of opportunity to purchase shall be determined
pursuant to a public drawing. A purchase under this subsection shall
render the purchaser and any spouse of such purchaser ineligible either
to make an additional purchase under this subsection or to purchase the
business or commercial property he is renting from the United States.
''(g) Any improvement owned by the United States located on lands in
the town area subject to being purchased by the holder of a priority or
preference right hereunder and not purchased, after being offered for
sale, within one year following the expiration of the period within
which the priority or preference right can be exercised, may be opened
to bids from the general public and may be sold to the highest
responsible bidder.
''(h) In all public sales of property under this Act to the highest
responsible bidder, which shall include all sales of property to be sold
in the Grand Coulee area, the Secretary shall reserve the right to
reject all bids; and, in the event all bids are less than the appraised
value of the property as established under section 5 or in the event no
bids are received, the property shall be available for sale to the first
taker from the general public at not less than aforesaid appraised value
until all such property has been sold.
''(i)(1) Whenever the Secretary, on presentation of adequate evidence
by a prospective purchaser or purchasers under subsections (b)(1) or
(b)(2) of this section, shall determine that financing of purchases on
reasonable terms cannot be arranged from other sources, he is authorized
to enter into contracts with such purchasers under which the purchaser
would not be required to make a downpayment of more than 10 per centum
of the appraised value of the property as established under section 5
less applicable discounts under this Act and the remainder of the
repayment obligation shall be paid on terms as to amount, repayment
period, installments, and interest rate not more favorable to the
purchasers than those which would be available were the purchases to be
financed under mortgages eligible for insurance under subsection 223(a)
of the National Housing Act, as herein amended (section 1715n(a) of
Title 12): Provided, That the Secretary may increase the interest rate
by additional components equal to the premium being charged (and any
periodic service charge being authorized by the Federal Housing
Commissioner for property of a similar character) under subsection
223(a) of the National Housing Act, as herein amended (section 1715n(a)
of Title 12), at the effective date of the aforesaid contracts.
''(2) Whenever the Secretary, on presentation of adequate evidence by
a prospective purchaser or purchasers under subsections (c)(1), (d)(1),
or (f) of this section, shall determine that financing of purchases on
reasonable terms cannot be arranged from other sources, he is authorized
to enter into contracts with such purchasers under which the purchaser
would not be required to make a down payment of more than 10 per centum
of the appraised value of the property as established under section 5,
less applicable discounts under this Act. The remainder of the
repayment obligation shall be paid with such terms as to amount,
repayment period, installments, and interest rate as the Secretary shall
determine to be fair and equitable.
''(3) The Secretary may assign any installment contract under this
section at such times and on such terms and conditions as he deems
appropriate. Any such assignment made at a discount shall be defeasible
if within sixty days after receipt of notification of such assignment
the original obligor of the assigned contract, or his successors,
assigns, or legal representative, shall cause to be received by the
Secretary a tender of the amount for which such assignment was made, in
which event such tender shall be accepted as full payment of the
contract.
''(j) Except in the case of property sold to the highest responsible
bidder under this section or property sold to the first taker from the
general public under subsection (h) of this section or by negotiated
sale under subsection (c)(3) of this section, persons purchasing
property under this section or their successors, assigns, or legal
representatives, shall be entitled to a discount in the purchase price
at the time they enter into a purchase contract equal to 5 per centum of
its appraised value as established under section 5 and, in the event of
incorporation of the municipality within four years from the date of
this Act (Aug. 30, 1957), they shall be entitled to an additional
discount in the purchase price (or rebate as appropriate) equal to 10
per centum of the aforesaid appraised value.
''(k) In establishing rules and regulations governing sales of
property in the town area under this section, and in determining the
terms and conditions of such sales other than those prescribed in this
Act, the Secretary shall consult with the representatives of the Coulee
Dam Community as determined by him.
''Sec. 4. (Section Amended Section 1715n(a)(3) of Title 12, Banks and
Banking).
''Sec. 5. (Appraisals and Reappraisals of Value). The appraised
values referred to in section 3 of this Act shall be determined from
time to time for a period of five years after the date of this Act (Aug.
30, 1957) by the Administrator of Housing and Home Finance Agency or his
designee at the request of the Secretary. Thereafter, the Secretary may
make such reappraisals as he deems necessary. Appraisals or
reappraisals in the town area shall be made only after representatives
of the Coulee Dam community, as determined by the Secretary, and of the
Columbia River Commission, or such corresponding organization as may
succeed it, have been granted an opportunity to offer advice. All
appraisals and reappraisals shall be made on the basis of the
properties' fair market value in the locality. In the sale of property
to a tenant under subsections 3(b)(1) and (3)(d)(1) of this Act, the
value of structural improvements made at such tenant's own expense
shall, to the extent the appraiser or appraisers hereunder determine
that such improvements actually enhance the value of the property, be
deducted from what would otherwise be the appraised value of the
property to be sold; and the difference shall be deemed the appraised
value for the purposes of this Act.
''Sec. 6. (Authority of Secretary To Transfer Property and
Facilities). The Secretary is authorized to transfer without cost out
of the properties in his custody within the town and Grand Coulee areas
ownership of --
''(a) any Federally owned municipal-type property and facilities
together with rights-of-way therefor, equipment, materials, and
supplies, in or serving said areas, including but not limited to the
sewer, water, fire-alarm, street-lighting, electric feeder lines, and
power-distribution systems, and the highways, streets, alleys,
sidewalks, parks, and parking areas to the municipality or Grand Coulee
if their respective areas are substantially served by such properties.
Any such transfer to the municipality, however, will not be made unless
the town area or a part thereof is incorporated within four years from
the date of this Act (Aug. 30, 1957);
''(b) the school buildings and grounds, athletic fields, tennis
courts, and other properties currently used for educational purposes to
the appropriate school district; and
''(c) highway improvements in and connecting the town and Grand
Coulee areas and the bridge across the Columbia River, together with the
necessary rights-of-way therefor to the State of Washington.
''Sec. 7. (Availability of Funds). (a) There is hereby made
available out of the proceeds of sales made pursuant to section 3 of
this Act an amount not to exceed $130,000 for expenditure, directly or
through the local units of government involved, for work in connection
with the disposal of sewage in the immediate vicinity of the town of
Coulee Dam and the city of Grand Coulee, including betterment work on
the existing open drain along the north side of the highway through the
city of Grand Coulee. Of this amount the Secretary shall pay not more
than $100,000 to Grand Coulee and not more than $30,000 to the
municipality. Except to the extent that any expenditures have been made
directly as provided in the preceding sentence, the Secretary shall,
upon application, pay to Grand Coulee the amount of $10,000 and to the
municipality the amount of $3,000 for engineering surveys and drafting
of specifications for proposed construction and/or improvement of sewage
disposal and drainage facilities. After final drawings and
specifications have been approved by the Secretary and the construction
contracts have been entered into, the Secretary shall pay monthly to
Grand Coulee and to the municipality additional amounts equivalent to
earnings under their contracts as evidenced by construction progress
reports certified by their contractors and by Grand Coulee and the
municipality, but not to exceed a total of $90,000 for the former and
$27,000 for the latter.
''(b) Subject to the provisions of subsection 9(a) of this Act, the
following amounts shall be made available, out of the proceeds of sales
made pursuant to section 3 of this Act, to the municipality if
incorporated within four years from the date of this Act (Aug. 30,
1957): (1) On incorporation, $44,000; (2) at the end of one year after
incorporation, $21,000; and (3) at the end of two years after
incorporation, $15,000.
''(c) The Secretary is hereby authorized to make available as herein
provided, as power and energy reserved for the operation and maintenance
of the Columbia Basin project, for users in the town area and, to other
communities within three and one-half miles of Grand Coulee Dam which
are served by municipally owned distribution systems such amount of
power and energy as, in his judgment, is needed to meet load
requirements for space-heating purposes existing at the time of
incorporation of the municipality. Such power and energy may be made
available directly to the users or indirectly through distributing
agencies, for a period of ten years from the date of this Act (Aug. 30,
1957) and may be at such special rates as the Secretary finds to be
proper but at not less than cost.
''Sec. 8. (Taxes on Property Sold Under Contracts Deferring Transfer
of Title). Property sold under any contract deferring transfer of title
pending payment of the purchase price upon recordation of such contract
in the county records shall be subject to the provisions of the laws of
the State of Washington relating to the assessment and collection of
property taxes, and to liens for such taxes and to all proceedings for
the enforcement thereof, in the same manner and to the same extent as
privately owned property. The United States does not assume any
obligation for the amounts so assessed or taxed; and any proceedings to
enforce them shall be subject to any title then remaining in the United
States and to any prior lien reserved to the United States for unpaid
installments under sale contracts made hereunder.
''Sec. 9. (Proceeds From Sales). (a) All proceeds from sales of
property (including the assignment of contracts) authorized under
section 2 of this Act are hereby appropriated for expenditure by the
Secretary for (1) expenses of disposal of Federal property under this
Act, including rebates, where appropriate, to vendees of the United
States entitled to the discount provided under section 3 of this Act for
attainment of early incorporation of the municipality, and (2) for
purposes authorized in subsection 7(a) and (1) of subsection 7(b) of
this Act: Provided, That amounts referred to in (2) and (3) of
subsection 7(b) of this Act shall be expended only after specific
appropriation has been made by Congress therefor. So much of the
aforesaid proceeds as is in excess of amounts which may be necessary for
expenditures referred to in this subsection shall be covered into the
reclamation fund.
''(b) Transfers under this Act of Federal property to non-Federal
ownership shall not result in any diminution of the reimbursable costs
of the Columbia Basin project except to the extent that any net proceeds
from sales of property under this Act are credited to said project.
''Sec. 10 (Rights Under Leases). Transfers of Federal property under
this Act shall not impair rights under leases granted by the United
States.
''Sec. 11. (Powers of Secretary; Rules and Regulations;
Appropriation; Contracts). (a) The Secretary is authorized to perform
such acts, to make such rules and regulations, and to include in any
contracts and conveyances such provisions as he deems proper for the
purpose of carrying out the provisions of this Act, including provisions
for payment for furnishing of municipal facilities and services while
such facilities and services are provided by the United States and for
the establishment of liens in connection therewith. There are hereby
authorized to be appropriated such sums, not otherwise appropriated, as
may be required to carry out the purposes of this Act. Wherever in this
Act functions, powers, and other duties are conferred upon the
Secretary, such functions, powers, and duties may be performed,
exercised, or discharged by his duly authorized representatives.
''(b) The Secretary is authorized to enter into contracts with the
municipality whereby either party might undertake to render to the other
such services in aid of the performance of activities and functions of
the municipality and of the Department of the Interior within or near
Coulee Dam as will, in the Secretary's judgment, contribute
substantially to the efficiency or economy of the operations of the
Department of the Interior.
''(c) The authority conferred by this Act is in addition to any
authority conferred by any other law and shall not be subject to the
provisions of any law inconsistent herewith.
''Sec. 12. (Short Title). This Act may be cited as the 'Coulee Dam
Community Act of 1957'.''
/1/ See References in Text note below.
16 USC 835c-1. Taxation and assessments; applicability of State laws
TITLE 16 -- CONSERVATION
(a) Payments in lieu of taxes
The Secretary may enter into agreements to pay annual sums in lieu of
taxes to any State or political subdivision thereof with respect to any
real property situated therein after it is acquired pursuant to the
authority of sections 835 and 835a to 835c-5 /1/ of this title and
before execution by the United States of a contract of sale covering it,
out of funds derived from the leasing of such lands. The amount so paid
for any year upon any such property shall not exceed the taxes that
would be paid to the State or subdivision as the case may be upon such
property if it were not exempt from taxation thereby.
(b) Lands acquired by United States
Any public lands within the project and any lands or interests in
lands acquired by the United States under sections 835 and 835a to
835c-5 /1/ of this title, beginning at such date or dates and subject to
such provisions and limitations as may be fixed or provided by
regulations made under section 835c-4 of this title, shall be (i)
subject to the provisions of the laws of the State of Washington
relating to the organization, government, and regulation of irrigation,
reclamation, and conservancy districts, and (ii) subject to legal
assessment or taxation by any such district, and to liens for such
assessments and taxes and to all proceedings for the enforcement
thereof, in the same manner and to the same extent as privately owned
lands of like character. The United States does not assume any
obligation for amounts so assessed or taxed; and any proceedings to
enforce them shall be subject to any title then remaining in the United
States, to any prior lien reserved to the United States for unpaid
installments under land sale contracts made under sections 835 and 835a
to 835c-5 /1/ of this title, and to any lien for any other charges,
accrued or unaccrued, under and by virtue of such contracts or any
contract between the United States and the district in which the land is
located.
(c) Sale of project lands
In addition to taxation or assessment under subsection (b) of this
section upon execution by the United States of a contract of sale of any
lands within the project, the lands under contract may be taxed by the
State or political subdivision thereof in the same manner and to the
same extent as privately owned lands of a like character. All taxes
legally so assessed may be enforced in the same manner and under the
same proceeding whereby said taxes are enforced against privately owned
lands, subject to the limitations in favor of the United States that
govern the enforcement of district assessments or taxes as provided in
subsection (b) of this section. If lands under any such contract shall
at any time revert to the United States before transfer of title under
the contract by reason of default thereunder, all liens or tax titles
resulting from taxes levied pursuant to the authority of this subsection
upon such lands shall be thereupon extinguished; and the levying of any
such tax by such State or political subdivision shall be deemed to be an
agreement on its part, in the event of such reversion, to execute and
record a formal release of such line or tax title.
(May 27, 1937, ch. 269, 5, as added Mar. 10, 1943, ch. 14, 57 Stat.
19; amended Oct. 1, 1962, Pub. L. 87-728, 6(a), 76 Stat. 679.)
Sections 835a, 835b, 835c-3 and 835c-5, included within the reference
in subsecs. (a) and (b) to sections 835a to 835c-5 of this title, were
repealed by Pub. L. 87-728, 3, Oct. 1, 1962, 76 Stat. 678.
1962 -- Subsec. (b). Pub. L. 87-728 struck out ''Regulations to
carry out this subsection shall be effective when filed for record in
the manner provided in section 835a(f) of this title''.
/1/ See References in Text note below.
16 USC 835c-2. Authorization of appropriations; establishment of
Columbia Basin Land Development Account
TITLE 16 -- CONSERVATION
There are authorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, such moneys as may be necessary to
carry out the provisions of sections 835 and 835a to 835c-5 /1/ of this
title, to be reimbursable to the extent required by such sections. All
revenues received in carrying out the provisions of section 835c of this
title shall be covered into the General Treasury as miscellaneous
receipts. Amounts equal to appropriated funds requisitioned by the
Secretary and made available for disbursement on the books of the
Treasurer of the United States shall be debited in a special account in
the Treasury, to be known as the Columbia Basin Land Development
Account. Amounts equal to revenues covered into the General Treasury as
miscellaneous receipts shall be credited in said special account. After
such credits equal the amount of the debits with interest thereon at the
rate of 3 per centum per annum from the respective dates of the debits,
additional credits in said special account shall be made by the
Secretary, in the manner determined by him, the basis of corresponding
credits to the construction cost obligations of the district or
districts entering into contracts for the repayment thereof.
(May 27, 1937, ch. 269, 6, as added Mar. 10, 1943, ch. 14, 57 Stat.
19; amended Oct. 1, 1962, Pub. L. 87-728, 6(b), 76 Stat. 679.)
Sections 835a, 835b, 835c-3 and 835c-5, included within the reference
to sections 835a to 835c-5 of this title, were repealed by Pub. L.
87-728, 3, Oct. 1, 1962, 76 Stat. 678.
1962 -- Pub. L. 87-728 substituted ''for the repayment thereof'' for
''under section 835a of this title''.
/1/ See References in Text note below.
16 USC 835c-3. Repealed. Pub. L. 87-728, 3, Oct. 1, 1962, 76 Stat.
678
TITLE 16 -- CONSERVATION
Section, act May 27, 1937, ch. 269, 7, as added Mar. 10, 1943, ch.
14, 57 Stat. 20; amended Sept. 27, 1950, ch. 1060, 64 Stat. 1074,
related to the consent of the State of Washington to the provisions of
sections 835, and 835a, to 835c-5 of this title, and to the effect of
constitutional limitations.
16 USC 835c-4. General powers of Secretary of the Interior;
delegation to authorized representatives
TITLE 16 -- CONSERVATION
The Secretary is authorized to perform such acts, to make such rules
and regulations, and to include in contracts relating to the Columbia
Basin project such provisions as he deems proper for carrying out the
provisions of sections 835 and 835a to 835c-5 /1/ of this title; and in
connection with sales or exchanges under such sections, he is authorized
to effect conveyances without regard to the law governing the patenting
of public lands. Wherever in said sections functions, powers, or duties
are conferred upon the Secretary, said functions, powers, or duties may
be performed, exercised, or discharged by his duly authorized
representatives.
(May 27, 1937, ch. 269, 8, as added Mar. 10, 1943, ch. 14, 57 Stat.
20; amended Oct. 1, 1962, Pub. L. 87-728, 6(c), 76 Stat. 679.)
Sections 835a, 835b, 835c-3 and 835c-5, included within the reference
to sections 835a to 835c-5 of this title, were repealed by Pub. L.
87-728, 3, Oct. 1, 1962, 76 Stat. 678.
1962 -- Pub. L. 87-728 substituted ''contracts relating to the
Columbia Basin project'' for ''the contracts hereinbefore provided
for''.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
/1/ See References in Text note below.
16 USC 835c-5. Repealed. Pub. L. 87-728, 3, Oct. 1, 1962, 76 Stat.
678
TITLE 16 -- CONSERVATION
Section, act May 27, 1937, ch. 269, 9, as added Mar. 10, 1943, ch.
14, 57 Stat. 20, related to the consent of the Government to the sale
of school and public lands of the State of Washington.
16 USC 835d. Acquisition of Indian lands, Spokane and Colville
Reservations
TITLE 16 -- CONSERVATION
In aid of the construction, operation and maintenance of the Columbia
Basin project (formerly the Grand Coulee Dam project), authorized by the
Act of August 30, 1935 (49 Stat. 1028), the Act of August 4, 1939 (53
Stat. 1187), and the Columbia Basin Project Act (Public, Numbered 8,
Seventy-eighth Congress, first session, 57 Stat. 14), there is hereby
granted to the United States, subject to the provisions of this section
and sections 835e to 835h of this title, (a) all the right, title, and
interest of the Indians in and to the tribal and allotted lands within
the Spokane and Colville Reservations, including sites of agency and
school buildings and related structures and unsold lands in the Klaxta
town site, as may be designated therefor by the Secretary of the
Interior from time to time: Provided, That no lands shall be taken for
reservoir purposes above the elevation of one thousand three hundred and
ten feet above sea level as shown by Bureau of Land Management surveys,
except in Klaxta town site and except where in the judgment of the
Secretary of the Interior, special circumstances concerning the
reservoir or its operation and maintenance require the taking of land
above that elevation; and (b) such other interests in or to any such
lands and property within these reservations as may be required and as
may be designated by the Secretary of the Interior from time to time for
the construction of pipe lines, highways, railroads, telegraph,
telephone, and electric-transmission lines in connection with the
project, or for the relocation or reconstruction of such facilities made
necessary by the construction of the project.
The Secretary of the Interior, in lieu of reserving rights of
hunting, fishing, and boating to the Indians in the areas granted under
this section and sections 835e to 835h of this title, shall set aside
approximately one-quarter of the entire reservoir area for the paramount
use of the Indians of the Spokane and Colville Reservations for hunting,
fishing, and boating purposes, which rights shall be subject only to
such reasonable regulations as the Secretary may prescribe for the
protection and conservation of fish and wildlife: Provided, That the
exercise of the Indians' rights shall not interfere with project
operations. The Secretary shall also, where necessary, grant to the
Indians reasonable rights of access to such area or areas across any
project lands.
(June 29, 1940, ch. 460, 1, 54 Stat. 703; Dec. 16, 1944, ch. 602,
58 Stat. 813; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
Act of August 30, 1935 (49 Stat. 1028), referred to in text, is act
Aug. 30, 1935, ch. 831, 49 Stat. 1028, as amended, which act, by
section 2, authorized the construction of the Grand Coulee Dam.
Act of August 4, 1939, referred to in text, is act Aug. 4, 1939, ch.
418, 53 Stat. 1187, as amended, popularly known as the ''Reclamation
Project Act of 1939'', which is classified to sections 375a, 387 to 389,
485 to 485h, and 485i to 485k of Title 43, Public Lands. For complete
classification of this Act to the Code, see section 485k of Title 43 and
Tables.
The Columbia Basin Project Act, referred to in text, is classified to
sections 835 and 835a to 835c-5 of this title.
1944 -- Act Dec. 16, 1944, among other changes, inserted reference
to the Act of August 4, 1939, and the Columbia Basin Project Act in
first par.
Functions of General Land Office transferred to Bureau of Land
Management by Reorg. Plan No. 3 of 1946. See note set out under
section 1 of Title 43, Public Lands.
16 USC 835e. Payment for lands acquired from Spokane and Colville
Reservations
TITLE 16 -- CONSERVATION
As lands or interests in lands are designated from time to time under
sections 835d to 835h of this title, the Secretary of the Interior shall
determine the amount of money to be paid to the Indians as just and
equitable compensation therefor. As to the tribal lands, the amounts so
determined shall be transferred in the Treasury of the United States
from the funds now or hereafter made available for the construction of
the Columbia Basin project to the credit of the appropriate tribe
pursuant to the provisions of section 155 of title 25. The amounts due
individual landowners or their heirs or devisees shall be paid from
funds now or hereafter made available for the construction of said
project to the superintendent of the Colville Indian Agency or such
other officer as shall be designated by the Secretary of the Interior
for credit on the books of said agency to the accounts of the
individuals concerned.
(June 29, 1940, ch. 460, 2, 54 Stat. 703; Mar. 10, 1943, ch. 14,
1, 57 Stat. 14.)
Act Mar. 10, 1943, changed name of project from ''Grand Coulee Dam''
to ''Columbia Basin''.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 835f. Use of funds deposited to allottees; land and
improvements
TITLE 16 -- CONSERVATION
Funds deposited to the credit of allottees, their heirs or devisees
may be used in the discretion of the Secretary of the Interior, for the
acquisition of other lands and improvements, or the relocation of
existing improvements or construction of new improvements on the lands
so acquired for the allottees or heirs whose lands and improvements are
acquired under the provisions of sections 835d to 835h of this title.
Lands so acquired shall be held in the same status as those from which
the funds were derived, and shall be nontaxable until otherwise provided
by Congress.
(June 29, 1940, ch. 460, 3, 54 Stat. 703.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 835g. Relocation of Indian cemeteries
TITLE 16 -- CONSERVATION
As to any Indian cemetery lands required for the project, the
Secretary of the Interior is authorized, in his discretion, in lieu of
requiring payment therefor, to establish cemeteries on other lands that
he may select and acquire for the purpose, and to remove bodies,
markers, and other appurtenances to the new sites. All costs incurred
in connection with any such relocation shall be paid from moneys
appropriated for the project. All right, title, and interest of the
Indians in the lands within any cemetery so relocated shall terminate
and the grant of title under sections 835d to 835h of this title take
effect as of the date the Secretary of the Interior authorizes the
relocation. Sites of the relocated cemeteries shall be held in trust by
the United States for the Spokane or Colville Tribe, as the case may be,
and shall be nontaxable.
(June 29, 1940, ch. 460, 4, 54 Stat. 703.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 835h. Acts and regulations by Secretary of the Interior
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to perform any and all
acts and to prescribe such regulations as he may deem appropriate to
carry out the provisions of sections 835d to 835g of this title.
(June 29, 1940, ch. 460, 5, 54 Stat. 704.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 835i. Contracts with State of Washington for maintenance and
operation of fish hatcheries
TITLE 16 -- CONSERVATION
In connection with fish hatcheries built or to be built as a part of
the fish-protection program required on the Columbia Basin Dam project,
the Secretary of the Interior is authorized to contract with the State
of Washington for the maintenance and operation of any of them at the
expense of said State.
(Oct. 9, 1940, ch. 794, 54 Stat. 1085; Mar. 10, 1943, ch. 14, 1, 57
Stat. 14.)
Act Mar. 10, 1943, changed name of project from ''Grand Coulee Dam''
to ''Columbia Basin''.
16 USC 835j. Projects marketing commercial power and energy;
consolidated financial statement to President and Congress; adjustment
of rates to assure return of reimbursable construction costs within
prescribed period
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall prepare, maintain, and present
annually to the President and the Congress a consolidated financial
statement for all projects heretofore or hereafter authorized, including
the third powerplant at Grand Coulee Dam, from or by means of which
commercial power and energy is marketed through the facilities of the
Federal Columbia River power system and for all other projects
associated therewith to the extent that the costs of these projects are
required by law to be charged to and returned from net revenues derived
from the power and energy, or any power and energy, so marketed, and he
shall, if said consolidated statement indicates that the reimbursable
construction costs of the projects, or any of the projects, covered
thereby which are chargeable to and returnable from the commercial power
and energy so marketed are likely not to be returned within the period
prescribed by law, take prompt action to adjust the rates charged for
such power and energy to the extent necessary to assure such return.
(Pub. L. 89-448, 2(a), formerly 2, June 14, 1966, 80 Stat. 200,
renumbered Pub. L. 89-561, 6(1), Sept. 7, 1966, 80 Stat. 714.)
Section is comprised of first sentence of first par. of section 2(a)
of Pub. L. 89-448, as so designated by Pub. L. 89-561. Second sentence
of the first par. repealed section 832h(c) of this title; second par.
of such section 2(a) is classified to section 835k of this title;
subsecs. (b) and (c) of section 2 are classified to sections 835l and
835m of this title, respectively.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
Ex. Ord. No. 8526, Aug. 26, 1940, 5 F.R. 3390, as amended by Ex.
Ord. No. 12038, 3(a), Feb. 3, 1978, 43 F.R. 4957, provided:
WHEREAS the Bureau of Reclamation is constructing the Grand Coulee
Dam Project (now Columbia Basin Project) pursuant to authority delegated
under section 2 of the act of August 30, 1935, 49 Stat. 1028, 1039, and
in connection therewith will operate and maintain facilities for the
generation of electrical power and energy; and
WHEREAS the Bonneville Power Administrator is now disposing of power
and energy generated at the Bonneville Project; and
WHEREAS integration and coordination of the electrical facilities of
the two projects will be facilitated by a mutual exchange of the
electrical power and energy generated at the Bonneville Project and the
Grand Coulee Dam Project and by marketing the power and energy from both
projects through a single agency:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by section 2 of the act of August 30, 1935, supra,
and supplementing my letter of January 29, 1936, to the Secretary of the
Interior, it is hereby ordered as follows:
1. The Bonneville Power Administrator is hereby designated, under the
supervision and direction of the Secretary of Energy, as agent for the
sale and distribution of electrical power and energy generated at the
Grand Coulee Dam Project and not required for operation of that Project,
including its irrigation features.
2. The Administrator shall construct, operate, and maintain the
transmission lines and substations and appurtenant structures and
facilities necessary for marketing the power and energy delivered to him
from the Grand Coulee Dam Project; except that the Bureau of
Reclamation may construct, operate, or maintain such transmission
facilities as the Secretary of the Interior, in his discretion, deems
necessary or desirable. The Bureau of Reclamation and the
Administrator, with the approval of the Secretary of the Interior, shall
agree upon and schedule the installation of additional generators at the
Grand Coulee Dam Project.
3. The Bureau of Reclamation, with the approval of the Secretary of
the Interior, shall provide the Administrator with a basic schedule of
the power and energy to be available to him from the Grand Coulee Dam
Project. The Bureau, with the Secretary's approval, may revise the
schedule from time to time, except that no revision decreasing the
amount of power and energy available under an existing schedule shall be
effective unless agreed to by the Administrator. The Bureau will make
power and energy from the Grand Coulee Dam Project available to the
Administrator in accordance with these schedules.
4. The Administrator shall market the power and energy delivered to
him from the Grand Coulee Dam Project at rates to be fixed by the
Secretary of Energy consistently with all applicable provisions of law
and allocations of cost determined as provided thereunder. From time to
time the Secretary of Energy, consistently with all applicable
provisions of law and allocations of cost made pursuant thereto, shall
determine the basis on which the Administrator and the Bureau shall
compute the returns to be made to the Bureau for power and energy
delivered to the Administrator from the Grand Coulee Dam Project
pursuant to this order. All receipts collected by the Administrator
from transmission and sale of power and energy shall be deposited with
the Treasurer of the United States for credit to a special account,
subject to allocation by the Secretary of Energy in accordance with the
computations above provided for. Upon certification by the Secretary of
Energy, the amounts of receipts properly allocable to the Bonneville
Project shall be covered into the Treasury of the United States to the
credit of miscellaneous receipts subject to the provisions of section 2
of the act of August 20, 1937, 50 Stat. 731, 732 (16 U.S.C. 832a). The
amounts certified by the Secretary of Energy as being allocable to the
Grand Coulee Dam Project shall be covered into the Treasury for credit
to the Reclamation Fund to the extent authorized by law.
5. In aid of this delegation of authority to the Secretary of the
Interior and the Secretary of Energy, the Commissioner of the Bureau of
Reclamation and the Bonneville Power Administrator shall, subject to the
approval of the Secretary of the Interior and the Secretary of Energy,
and the terms of this order, enter into any and all agreements that are
necessary for the interconnection of the Bonneville Project and the
Grand Coulee Dam Project and to carry out the provisions of this order.
16 USC 835k. Return of construction costs from marketing revenues in
event of inability of irrigation water users to repay within repayment
period and lack of other sources of revenue
TITLE 16 -- CONSERVATION
Subject to the provisions of section 835l of this title, that portion
of the construction cost of any project hereafter authorized to be
constructed, operated, and maintained by the Secretary of the Interior
under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388,
and Acts amendatory thereof or supplementary thereto) within the Pacific
Northwest which, though allocated to irrigation, is beyond the ability
of the irrigation water users to repay within the repayment period
prescribed by law for that project and cannot be returned within the
same period from other project sources of revenue shall be charged to
and returned within that period from net revenues derived from the
marketing of commercial power and energy through the Federal Columbia
River power system, unless otherwise provided by law. As used in this
section, the term ''Pacific Northwest'' has the meaning ascribed to it
in section 837 of this title.
(Pub. L. 89-448, 2(a), formerly 2, June 14, 1966, 80 Stat. 200,
renumbered and amended Pub. L. 89-561, 6(1), (2), Sept. 7, 1966, 80
Stat. 714.)
The Federal reclamation laws, referred to in text, are classified
generally to chapter 12 ( 371 et seq.) of Title 43, Public Lands.
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch.
1093, 32 Stat. 388, as amended, known as the Reclamation Act, which is
classified generally to chapter 12 ( 371 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 371 of Title 43 and Tables.
Section is comprised of second par. of section 2(a) of Pub. L.
89-448, as so designated by Pub. L. 89-561. First sentence of first
par. of such section 2(a) is classified to section 835j of this title;
second sentence of such first par. repealed section 832h(c) of this
title; subsecs. (b) and (c) of section 2 are classified to sections
835l and 835m of this title, respectively.
1966 -- Pub. L. 89-561, 6(2), substituted ''Subject to the
provisions of section 835l of this title, that'' for ''That''.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
16 USC 835l. Congressional declaration of financial policy;
limitations on assistance; analyses and studies; ''net revenues''
defined
TITLE 16 -- CONSERVATION
It is declared to be the policy of the Congress that reclamation
projects hereafter authorized in the Pacific Northwest to receive
financial assistance from the Federal Columbia River power system shall
receive such assistance only from the net revenues of that system as
provided in this section, and that their construction shall be so
scheduled that such assistance, together with similar assistance for
previously authorized reclamation projects (including projects not now
receiving such assistance for which the Congress may hereafter authorize
financial assistance) will not cause increases in the rates and charges
of the Bonneville Power Administration. It is further declared to be
the policy of the Congress that the total assistance to all irrigation
projects, both existing and future, in the Pacific Northwest shall not
average more than $30,000,000 annually in any period of twenty
consecutive years. Any analyses and studies authorized by the Congress
for reclamation projects in the Pacific Northwest shall be prepared in
accordance with the provisions of sections 835j to 835m of this title.
As used in sections 835j to 835m of this title, the term ''net
revenues'' means revenues as determined from time to time which are not
required for the repayment of (1) all costs allocated to power at
projects in the Pacific Northwest then existing or authorized, including
the cost of acquiring power by purchase or exchange, and (2) presently
authorized assistance from power to irrigation at projects in the
Pacific Northwest existing and authorized prior to September 7, 1966.
(Pub. L. 89-448, 2(b), as added Pub. L. 89-561, 6(3), Sept. 7,
1966, 80 Stat. 714.)
Section is comprised of subsec. (b) of section 2 of Pub. L.
89-448, as added by Pub. L. 89-561. Subsecs. (a) and (c) of section 2
are classified to sections 835j and 835k, and 835m of this title,
respectively.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 835m. Recommendations for changes in limitations on financial
assistance; time and frequency of submission
TITLE 16 -- CONSERVATION
On December 20, 1974, and thereafter at intervals coinciding with
anniversary dates of Federal Energy Regulatory Commission general review
of the rates and charges of the Bonneville Power Administration, the
Secretary of the Interior shall recommend to the Congress any changes in
the dollar limitations herein placed upon financial assistance to
Pacific Northwest reclamation projects that he believes justified by
changes in the cost-price levels existing on July 1, 1966, or by other
relevant changes of circumstances.
(Pub. L. 89-448, 2(c), as added Pub. L. 89-561, 6(3), Sept. 7,
1966, 80 Stat. 715; amended Pub. L. 95-91, title IV, 402(a)(1)(B),
Aug. 4, 1977, 91 Stat. 583.)
Section is comprised of subsec. (c) of section 2 of Pub. L.
89-448, as added by Pub. L. 89-561. Subsecs. (a) and (b) of section 2
are classified to sections 835j and 835k, and 835l of this title,
respectively.
''Federal Energy Regulatory Commission'' substituted in text for
''Federal Power Commission'' pursuant to Pub. L. 95-91, 402(a)(1)(B),
which is classified to section 7172(a)(1)(B) of Title 42, The Public
Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to
be preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
16 USC CHAPTER 12E -- NIAGARA POWER PROJECT
TITLE 16 -- CONSERVATION
Sec.
836. Authorization to license construction and operation; licensing
conditions.
836a. Rules governing issuance of license.
16 USC 836. Authorization to license construction and operation;
licensing conditions
TITLE 16 -- CONSERVATION
(a) The Federal Energy Regulatory Commission is expressly authorized
and directed to issue a license to the Power Authority of the State of
New York for the construction and operation of a power project with
capacity to utilize all of the United States share of the water of the
Niagara River permitted to be used by international agreement.
(b) The Federal Energy Regulatory Commission shall include among the
licensing conditions, in addition to those deemed necessary and required
under the terms of the Federal Power Act (16 U.S.C. 791a et seq.), the
following:
(1) In order to assure that at least 50 per centum of the project
power shall be available for sale and distribution primarily for the
benefit of the people as consumers, particularly domestic and rural
consumers, to whom such power shall be made available at the lowest
rates reasonably possible and in such manner as to encourage the widest
possible use, the licensee in disposing of 50 per centum of the project
power shall give preference and priority to public bodies and nonprofit
cooperatives within economic transmission distance. In any case in
which project power subject to the preference provisions of this
paragraph is sold to utility companies organized and administered for
profit, the licensee shall make flexible arrangements and contracts
providing for the withdrawal upon reasonable notice and fair terms of
enough power to meet the reasonably foreseeable needs of the preference
customers.
(2) The licensee shall make a reasonable portion of the project power
subject to the preference provisions of paragraph (1) of this subsection
available for use within reasonable economic transmission distance in
neighboring States, but this paragraph shall not be construed to require
more than 20 per centum of the project power subject to such preference
provisions to be made available for use in such States. The licensee
shall cooperate with the appropriate agencies in such States to insure
compliance with this requirement. In the event of disagreement between
the licensee and the power-marketing agencies of any of such States, the
Federal Energy Regulatory Commission may, after public hearings,
determine and fix the applicable portion of power to be made available
and the terms applicable thereto: Provided, That if any such State
shall have designated a bargaining agency for the procurement of such
power on behalf of such State, the licensee shall deal only with such
agency in that State. The arrangements made by the licensee for the
sale of power to or in such State shall include observance of the
preferences in paragraph (1) of this subsection.
(3) The licensee shall contract, with the approval of the Governor of
the State of New York, pursuant to the procedure established by New York
law, to sell to the licensee of Federal Energy Regulatory Commission
project 16 for a period ending not later than the final maturity date of
the bonds initially issued to finance the project works herein
specifically authorized, four hundred and forty-five thousand kilowatts
of the remaining project power, which is equivalent to the amount
produced by project 16 prior to June 7, 1956, for resale generally to
the industries which purchase power produced by project 16 prior to such
date, or their successors, in order as nearly as possible to restore low
power costs to such industries and for the same general purposes for
which power from project 16 was utilized: Provided, That the licensee
of project 16 consents to the surrender of its license at the completion
of the construction of such project works upon terms agreed to by both
licensees and approved by the Federal Energy Regulatory Commission which
shall include the following: (a) the licensee of project 16 shall waive
and release any claim for compensation or damages from the Power
Authority of the State of New York or from the State of New York, except
just compensation for tangible property and rights-of-way actually
taken, and (b) without limiting the generality of the foregoing, the
licensee of project 16 shall waive all claims to compensation or damages
based upon loss of or damage to riparian rights, diversionary rights, or
other rights relating to the diversion or use of water, whether founded
on legislative grant or otherwise.
(4) The licensee shall, if available on reasonable terms and
conditions, acquire by purchase or other agreement, the ownership or use
of, or if unable to do so, construct such transmission lines as may be
necessary to make the power and energy generated at the project
available in wholesale quantities for sale on fair and reasonable terms
and conditions to privately owned companies, to the preference customers
enumerated in paragraph (1) of this subsection, and to the neighboring
States in accordance with paragraph (2) of this subsection.
(5) In the event project power is sold to any purchaser for resale,
contracts for such sale shall include adequate provisions for
establishing resale rates, to be approved by the licensee, consistent
with paragraphs (1) and (3) of this subsection.
(6) The licensee, in cooperation with the appropriate agency of the
State of New York which is concerned with the development of parks in
such State, may construct a scenic drive and park on the American side
of the Niagara River, near the Niagara Falls, pursuant to a plan the
general outlines of which shall be approved by the Federal Energy
Regulatory Commission; and the cost of such drive and park shall be
considered a part of the cost of the power project and part of the
licensee's net investment in said project: Provided, That the maximum
part of the cost of such drive and park to be borne by the power project
and to be considered a part of the licensee's net investment shall not
exceed $15,000,000.
(7) The licensee shall pay to the United States and include in its
net investment in the project herein authorized the United States share
of the cost of the construction of the remedial works, including
engineering and economic investigations, undertaken in accordance with
article II of the treaty between the United States of America and Canada
concerning uses of the waters of the Niagara River signed February 27,
1950, whenever such remedial works are constructed.
(Pub. L. 85-159, 1, Aug. 21, 1957, 71 Stat. 401; Pub. L. 95-91,
title IV, 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
The Federal Power Act, referred to in subsec. (b), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 ( 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
''Federal Energy Regulatory Commission'' substituted in text for
''Federal Power Commission'' pursuant to Pub. L. 95-91, 402(a)(1)(A),
which is classified to section 7172(a)(1)(A) of Title 42, The Public
Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
16 USC 836a. Rules governing issuance of license
TITLE 16 -- CONSERVATION
The license issued under the terms of this chapter shall be granted
in conformance with Rules of Practice and Procedure of the Federal
Energy Regulatory Commission, but in the event of any conflict, the
provisions of this chapter shall govern in respect of the project herein
authorized.
(Pub. L. 85-159, 2, Aug. 21, 1957, 71 Stat. 402; Pub. L. 95-91,
title IV, 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
''Federal Energy Regulatory Commission'' substituted for ''Federal
Power Commission'' in subsecs. (a) and (b) pursuant to Pub. L. 95-91,
402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42,
The Public Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
16 USC CHAPTER 12F -- PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;
RECIPROCAL PRIORITY IN OTHER REGIONS
TITLE 16 -- CONSERVATION
Sec.
837. Definitions.
837a. Limitation of sale, delivery, and exchange of electric energy
and electric peaking capacity for use outside Pacific Northwest to
surplus energy and surplus peaking capacity; notice to customers;
inspection of contract drafts.
837b. Contract terms and conditions for use of electric energy
outside Pacific Northwest.
(a) Surplus energy; discontinuance of deliveries to maintain ability
to meet requirements of Pacific Northwest customers; purchaser's
responsibility for hardships; deliveries by non-Federal utility for use
on contiguous distribution system not deemed deliveries for use outside
Pacific Northwest.
(b) Conservable electric energy; provisional basis for delivery;
return of energy to meet requirements of Pacific Northwest customers;
time and extent of return of energy.
(c) Surplus peaking capacity; termination clause; advance or return
of energy; time of return of energy; sale under subsection (a)
conditions.
(d) Determination of energy requirements of Pacific Northwest
non-Federal utility customer; exclusion of conservable energy; sale of
surplus energy to the utility.
837c. Contract limitations and conditions for use of electric energy
and peaking capacity of plants in other marketing areas for use within
Pacific Northwest.
837d. Exchange contracts.
837e. Transmission lines for other electric energy; rates.
837f. Purchaser priority on Pacific Northwest power; amendment of
existing contracts and new contracts to include priority provisions.
837g. Transmission lines between Pacific Northwest and Pacific
Southwest; prohibition against construction of lines or related
facilities; exceptions of lines and facilities recommended by Secretary
or authorized by Congress; authority of Secretary to construct other
transmission lines unaffected.
837g-1. Construction of additional facilities by Secretary of Energy
for mutually beneficial power sales between Pacific Northwest and
California; contribution of funds by non-Federal entities.
837h. Provisions not applicable to Canyon Ferry project or benefits
and exchanges under Treaty between Canada and United States; preference
of power users in Montana not modified.
16 USC 837. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter --
(a) ''Secretary'' means the Secretary of Energy.
(b) ''Pacific Northwest'' means (1) the region consisting of the
States of Oregon and Washington, the State of Montana west of the
Continental Divide, and such portions of the States of Nevada, Utah, and
Wyoming within the Columbia drainage basin and of the State of Idaho as
the Secretary may determine to be within the marketing area of the
Federal Columbia River power system, and (2) any contiguous areas, not
in excess of seventy-five airline miles from said region, which are a
part of the service area of a rural electric cooperative served by the
Administrator on December 5, 1980, which has a distribution system from
which it serves both within and without said region.
(c) ''Surplus energy'' means electric energy generated at Federal
hydroelectric plants in the Pacific Northwest which would otherwise be
wasted because of the lack of a market therefor in the Pacific Northwest
at any established rate.
(d) ''Surplus peaking capacity'' means electric peaking capacity at
Federal hydroelectric plants in the Pacific Northwest for which there is
no demand in the Pacific Northwest at any established rate.
(e) ''Non-Federal utility'' means any utility not owned or controlled
by the United States, including any entity (1) which such a utility owns
or controls, in whole or in part, or is controlled by, (2) which is
controlled by those controlling such utility, or (3) of which such
utility is a member.
(f) ''Energy requirements of any Pacific Northwest customer'' means
the full requirements for electric energy of (1) any purchaser from the
United States for direct consumption in the Pacific Northwest, and (2)
any non-Federal utility in that region in excess of (i) the
hydroelectric energy available for its own use from its generating
plants in the Pacific Northwest, and (ii) any additional energy
available for use in the Pacific Northwest which, under a then existing
contract, the utility (A) can obtain at no higher incremental cost than
the rate charged by the United States, or (B) is required to accept.
(g) Terms not defined herein shall, unless the context requires
otherwise, have the meaning given them in the March 1949 Glossary of
Important Power and Rate Terms prepared under the supervision of the
Federal Power Commission.
(Pub. L. 88-552, 1, Aug. 31, 1964, 78 Stat. 756; Pub. L. 95-91,
title III, 302(a), Aug. 4, 1977, 91 Stat. 578; Pub. L. 96-501, 8(e),
Dec. 5, 1980, 94 Stat. 2729.)
1980 -- Subsec. (b)(2). Pub. L. 96-501 substituted ''(2) any
contiguous areas, not in excess of seventy-five airline miles from said
region, which are a part of the service area of a rural electric
cooperative served by the Administrator on December 5, 1980, which has a
distribution system from which it serves both within and without said
region'' for ''(2) any contiguous areas, not in excess of seventy-five
airline miles from said region, which are a part of the service area of
a distribution cooperative which has (i) no generating facilities, and
(ii) a distribution system from which it serves both within and without
said region''.
Amendment by Pub. L. 96-501 effective Dec. 5, 1980, see section 11
of Pub. L. 96-501, set out as an Effective Date note under section 839
of this title.
''Secretary of Energy'' substituted for ''Secretary of the Interior''
in subsec. (a) pursuant to Pub. L. 95-91, 302(a), which is classified
to section 7152(a) of Title 42, The Public Health and Welfare.
Federal Power Commission terminated and the functions, personnel,
property, funds, etc., thereof transferred to Secretary of Energy
(except for certain functions transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42.
16 USC 837a. Limitation of sale, delivery, and exchange of electric
energy and electric peaking capacity for use outside Pacific Northwest
to surplus energy and surplus peaking capacity; notice to customers;
inspection of contract drafts
TITLE 16 -- CONSERVATION
Subject to the provisions of this chapter, the sale, delivery, and
exchange of electric energy generated at, and peaking capacity of,
Federal hydroelectric plants in the Pacific Northwest for use outside
the Pacific Northwest shall be limited to surplus energy and surplus
peaking capacity. At least 30 days prior to the execution of any
contract for the sale, delivery, or exchange of surplus energy or
surplus peaking capacity for use outside the Pacific Northwest, the
Secretary shall give the then customers of the Bonneville Power
Administration written notice that negotiations for such a contract are
pending, and thereafter, at any customer's request, make available for
its inspection current drafts of the proposed contract.
(Pub. L. 88-552, 2, Aug. 31, 1964, 78 Stat. 756.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 837b. Contract terms and conditions for use of electric energy
outside Pacific Northwest
TITLE 16 -- CONSERVATION
(a) Surplus energy; discontinuance of deliveries to maintain ability
to meet requirements of Pacific Northwest customers; purchaser's
responsibility for hardships; deliveries by non-Federal utility for use
on contiguous distribution system not deemed deliveries for use outside
Pacific Northwest
Any contract for the sale or exchange of surplus energy for use
outside the Pacific Northwest, or as replacement, directly or
indirectly, within the Pacific Northwest for hydroelectric energy
delivered for use outside that region by a non-Federal utility, shall
provide that the Secretary, after giving the purchaser notice not in
excess of sixty days, will not deliver electric energy under such
contract whenever it can reasonably be foreseen that such delivery would
impair his ability to meet, either at or after the time of such
delivery, the energy requirements of any Pacific Northwest customer.
The purchaser shall obligate himself not to take delivery of or use any
such energy to supply any load under such conditions that discontinuance
of deliveries from the Pacific Northwest in sixty days would cause undue
hardship to the purchaser or in his territory, and, further, the
purchaser shall acknowledge full responsibility if any such hardship
occurs. Deliveries by a non-Federal utility from its generating plants
in the Pacific Northwest for use on its own distribution system in an
area outside but contiguous to the Pacific Northwest (not including any
extension of its outside service area by merger or acquisition after
August 31, 1964) shall not be deemed deliveries by such utility for use
outside the Pacific Northwest.
(b) Conservable electric energy; provisional basis for delivery;
return of energy to meet requirements of Pacific Northwest customers;
time and extent of return of energy
Electric energy generated at Federal hydroelectric plants in the
Pacific Northwest which can be conserved, for which there is no
immediate demand in the Pacific Northwest at any established rate, but
for which the Secretary determines there may be a demand in meeting the
future requirements of the Pacific Northwest, may be delivered for use
outside that region only on a provisional basis under contracts
providing that if the Secretary determines at a subsequent time that, by
virtue of prior deliveries under such contract, the Secretary is or will
be unable to meet the energy requirements of any Pacific Northwest
customer, the purchaser will return the full amount of energy delivered
to him, or such portion or portions thereof as may be required, at such
time or times as may be specified by the Secretary, except that the
Secretary shall not require return during the purchaser's daily peak
periods. The Secretary shall require the return of the energy
provisionally delivered hereunder, to such extent and at such times, as
may be necessary to meet demands at any established rate for use within
the Pacific Northwest.
(c) Surplus peaking capacity; termination clause; advance or return
of energy; time of return of energy; sale under subsection (a)
conditions
Any contract for the disposition of surplus peaking capacity shall
provide that (1) the Secretary may terminate the contract upon notice
not in excess of sixty months, and (2) the purchaser shall advance or
return the energy necessary to supply the peaking capacity, except that
the Secretary shall not require such advance or return during the
purchaser's daily peak periods. The Secretary may contract for the sale
of such energy to the purchaser, in lieu of its return, under the
conditions prescribed in subsection (a) of this section.
(d) Determination of energy requirements of Pacific Northwest
non-Federal utility customer; exclusion of conservable energy; sale of
surplus energy to the utility
The Secretary, in making any determination of the energy requirements
of any Pacific Northwest customer which is a non-Federal utility having
hydroelectric generating facilities, shall exclude any amounts of
hydroelectric energy generated in the Pacific Northwest and disposed of
outside the Pacific Northwest by the utility which, through reasonable
measures, could have been conserved or otherwise kept available for the
utility's own needs in the Pacific Northwest. The Secretary may sell
the utility as a replacement therefor only what would otherwise be
surplus energy.
(Pub. L. 88-552, 3, Aug. 31, 1964, 78 Stat. 756.)
16 USC 837c. Contract limitations and conditions for use of electric
energy and peaking capacity of plants in other marketing areas for use
within Pacific Northwest
TITLE 16 -- CONSERVATION
Any contract of the Secretary for the sale or exchange of electric
energy generated at, or peaking capacity of, Federal hydroelectric
plants in marketing areas outside the Pacific Northwest for use within
the Pacific Northwest shall be subject to limitations and conditions
corresponding to those provided in sections 837a and 837b of this title
for any contract for the sale or exchange of hydroelectric energy or
peaking capacity generated within the Pacific Northwest for use outside
the Pacific Northwest.
(Pub. L. 88-552, 4, Aug. 31, 1964, 78 Stat. 757.)
16 USC 837d. Exchange contracts
TITLE 16 -- CONSERVATION
Without regard to the limitations specified in sections 837a and 837b
of this title, the Secretary may enter into contracts for the exchange
with areas other than the Pacific Northwest of (1) surplus energy during
the Pacific Northwest storage refill period, (2) any hydroelectric
energy during the Pacific Northwest storage refill period which will be
returned to the Pacific Northwest in equal amounts during the same
Pacific Northwest refill period or the succeeding storage drawdown
period, (3) any hydroelectric energy which will be returned to the
Pacific Northwest in equal amounts during the same Pacific Northwest
storage drawdown period, (4) hydroelectric peaking capacity, or (5)
surplus peaking capacity for energy. All benefits from such exchanges,
including resulting increases of firm power, shall be shared equitably
by the areas involved, having regard to the secondary energy and other
contributions made by each.
(Pub. L. 88-552, 5, Aug. 31, 1964, 78 Stat. 758.)
16 USC 837e. Transmission lines for other electric energy; rates
TITLE 16 -- CONSERVATION
Any capacity in Federal transmission lines connecting, either by
themselves or with non-Federal lines, a generating plant in the Pacific
Northwest or Canada with the other area or with any other area outside
the Pacific Northwest, which is not required for the transmission of
Federal energy or the energy described in section 837h of this title,
shall be made available as a carrier for transmission of other electric
energy between such areas. The transmission of other electric energy
shall be at equitable rates determined by the Secretary, but such rates
shall be subject to equitable adjustment at appropriate intervals not
less frequently than once in every five years as agreed to by the
parties. No contract for the transmission of non-Federal energy on a
firm basis shall be affected by any increase, subsequent to the
execution of such contract, in the requirements for transmission of
Federal energy, the energy described in section 837h of this title, or
other electric energy.
(Pub. L. 88-552, 6, Aug. 31, 1964, 78 Stat. 758.)
16 USC 837f. Purchaser priority on Pacific Northwest power; amendment
of existing contracts and new contracts to include priority provisions
TITLE 16 -- CONSERVATION
The Secretary shall offer to amend, without imposing any other
requirements as a condition to such amendment, all existing contracts
for the sale or exchange of electric power generated at Federal
hydroelectric plants in the Pacific Northwest to include, and shall
include in all new contracts, provisions giving the purchaser priority
on electric power generated at such plants in conformity with the
provisions of this chapter.
(Pub. L. 88-552, 7, Aug. 31, 1964, 78 Stat. 758.)
16 USC 837g. Transmission lines between Pacific Northwest and Pacific
Southwest; prohibition against construction of lines or related
facilities; exceptions of lines and facilities recommended by Secretary
or authorized by Congress; authority of Secretary to construct other
transmission lines unaffected
TITLE 16 -- CONSERVATION
No electric transmission lines or related facilities shall be
constructed by any Federal agency outside the Pacific Northwest for the
purpose of transmitting electric energy between the Pacific Northwest
and Pacific Southwest, nor shall any arrangement for transmission
capacity be executed by any Federal agency for the purpose of financing
such lines and related facilities to be constructed by non-Federal
entities, except those lines and facilities recommended for Federal
construction in the Report of the Secretary of the Interior submitted to
Congress on June 24, 1964, as supplemented on July 27, 1964, or as
hereafter specifically authorized by Congress: Provided, That, except
with respect to electric transmission lines and related facilities for
the purpose of transmitting electric energy between the two regions
above mentioned, nothing herein shall be construed as expanding or
diminishing in any way the present authority of the Secretary of Energy
to construct transmission lines to market power and energy.
(Pub. L. 88-552, 8, Aug. 31, 1964, 78 Stat. 758; Pub. L. 95-91,
title III, 302(a), Aug. 4, 1977, 91 Stat. 578.)
''Secretary of Energy'' substituted for ''Secretary of the Interior''
in the proviso in text pursuant to Pub. L. 95-91, 302(a), which is
classified to section 7152(a) of Title 42, The Public Health and
Welfare.
16 USC 837g-1. Construction of additional facilities by Secretary of
Energy for mutually beneficial power sales between Pacific Northwest and
California; contribution of funds by non-Federal entities
TITLE 16 -- CONSERVATION
Notwithstanding the provisions of section 837g of this title, the
Secretary of Energy is authorized to construct or participate in the
construction of such additional facilities as he deems necessary to
allow mutually beneficial power sales between the Pacific Northwest and
California and to accept funds contributed by non-Federal entities for
that purpose.
(Pub. L. 98-360, title III, July 16, 1984, 98 Stat. 416.)
Section was not enacted as part of Pub. L. 88-552 which comprises
this chapter.
16 USC 837h. Provisions not applicable to Canyon Ferry project or
benefits and exchanges under Treaty between Canada and United States;
preference of power users in Montana not modified
TITLE 16 -- CONSERVATION
The provisions of this chapter shall not be applicable to (1) the
Canyon Ferry project and (2), except as provided in section 837e of this
title, downstream power benefits to which Canada is entitled under the
treaty between Canada and the United States relating to the cooperative
development of the water resources of the Columbia River Basin, signed
at Washington, January 17, 1961, nor to energy or capacity disposed of
to Canada in any exchange pursuant to paragraph 1 or 2 of article VIII
thereof. Nothing in this chapter shall be construed to modify the
geographical preference of power users in the State of Montana which is
established by the Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat.
270), as amended.
(Pub. L. 88-552, 9, Aug. 31, 1964, 78 Stat. 758.)
The Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as
amended, referred to in text, probably means act June 5, 1944, ch. 234,
58 Stat. 270, as amended, which is classified to sections 593a and 593b
of Title 43, Public Lands.
16 USC CHAPTER 12G -- PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM
TITLE 16 -- CONSERVATION
Sec.
838. Congressional findings; authority and duties of Secretary of
Energy relating to Federal Columbia River Power System unaffected.
838a. Definitions.
838b. Operation and maintenance of Federal transmission system;
construction of improvements, betterments, additions and replacements;
criteria.
838c. Acquisition by condemnation of transmission facilities.
(a) Approval by Congress; exceptions.
(b) Notice of request for approval for construction or condemnation
to contracting or interconnected entities in Pacific Northwest.
838d. Transmission of non-Federal power.
838e. Acquisition of property.
838f. Marketing of Federal power; sales agent.
838g. Schedules of rates and charges for sale of Federal power and
transmission of non-Federal power; confirmation and approval; criteria
for modification and establishment.
838h. Uniform schedules of rates and charges for sale of Federal
power and transmission of non-Federal power; allocation of cost
recovery.
838i. Bonneville Power Administration fund.
(a) Establishment; composition; availability of transferred funds
for expenditures.
(b) Authorized purposes of expenditures.
(c) Restriction on use of expenditures to authorized purposes;
expenditures of moneys received in trust; applicability of provisions
relating to control of Government corporations.
(d) Audit of financial transactions by Comptroller General; report
to Congress.
838j. Investment of excess moneys; deposit of moneys.
838k. Bonneville Power Administration bonds.
(a) Issuance and sale; terms and conditions; interest rate;
limitation on aggregate principal amount outstanding.
(b) Payment of principal, premiums, and interest from net proceeds;
''net proceeds'' defined.
(c) Purchase and sale by Secretary of Treasury; public debt
transactions.
16 USC 838. Congressional findings; authority and duties of Secretary
of Energy relating to Federal Columbia River Power System unaffected
TITLE 16 -- CONSERVATION
(a) Congress finds that in order to enable the Secretary of Energy to
carry out the policies of Public Law 88-552 (16 U.S.C. 837 et seq.)
relating to the marketing of electric power from hydroelectric projects
in the Pacific Northwest, Public Laws 89-448 and 89-561 relating to use
of revenues of the Federal Columbia River Power System to provide
financial assistance to reclamation projects in the Pacific Northwest,
the treaty between the United States and Canada relating to the
cooperative development of the resources of the Columbia River Basin,
and other applicable law, it is desirable and appropriate that the
revenues of the Federal Columbia River Power System and the proceeds of
revenue bonds be used to further the operation, maintenance, and further
construction of the Federal transmission system in the Pacific
Northwest.
(b) Other than as specifically provided herein, the present authority
and duties of the Secretary of Energy relating to the Federal Columbia
River Power System shall not be affected by this chapter. The authority
and duties of the Administrator referred to herein are subject to the
supervision and direction of the Secretary.
(Pub. L. 93-454, 2, Oct. 18, 1974, 88 Stat. 1376; Pub. L. 95-91,
title III, 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.)
Public Law 88-552, referred to in subsec. (a), is act Aug. 31,
1964, 78 Stat. 756, as amended, which is classified generally to
chapter 12F ( 837 et seq.) of this title. For complete classification
of this Act to the Code, see Tables.
Public Law 89-448, referred to in subsec. (a), is Pub. L. 89-448,
1-3, June 14, 1966, 80 Stat. 200, as amended, which enacted sections
835j and 835k of this title and amended section 832h of this title.
Public Law 89-561, referred to in subsec. (a), is Pub. L. 89-561,
1-6, Sept. 7, 1966, 80 Stat. 707, which enacted sections 835l and
835m of this title and section 1962d-6 of Title 42, The Public Health
and Welfare, and amended sections 835j and 835k of this title.
Section 1 of Pub. L. 93-454 provided that: ''This Act (enacting
this chapter) may be cited as the 'Federal Columbia River Transmission
System Act'.''
''Secretary of Energy'' substituted in text for ''Secretary of the
Interior'' pursuant to Pub. L. 95-91, 302(a)(1)(D), which is
classified to section 7152(a)(1)(D) of Title 42, The Public Health and
Welfare.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to
be preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
16 USC 838a. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter --
(a) The term ''Administrator'' means the Administrator, Bonneville
Power Administration.
(b) The term ''electric power'' means electric peaking capacity or
electric energy, or both.
(c) The term ''major transmission facilities'' means transmission
facilities intended to be used to provide services not previously
provided by the Bonneville Power Administration with its own facilities.
(Pub. L. 93-454, 3, Oct. 18, 1974, 88 Stat. 1376.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 838b. Operation and maintenance of Federal transmission system;
construction of improvements, betterments, additions and replacements;
criteria
TITLE 16 -- CONSERVATION
The Secretary of Energy, acting by and through the Administrator,
shall operate and maintain the Federal transmission system within the
Pacific Northwest and shall construct improvements, betterments, and
additions to and replacements of such system within the Pacific
Northwest as he determines are appropriate and required to:
(a) integrate and transmit the electric power from existing or
additional Federal or non-Federal generating units;
(b) provide service to the Administrator's customers;
(c) provide interregional transmission facilities; or
(d) maintain the electrical stability and electrical reliability of
the Federal system: Provided, however, That the Administrator shall not
construct any transmission facilities outside the Pacific Northwest,
excepting customer service facilities within any contiguous areas, not
in excess of seventy-five airline miles from said region, which are a
part of the service area of a distribution cooperative which has (i) no
generating facilities, and (ii) a distribution system from which it
serves both within and without said region, nor shall he commence
construction of any major transmission facility within the Pacific
Northwest, unless the expenditure of the funds for the initiation of
such construction is specifically approved by Act of Congress.
(Pub. L. 93-454, 4, Oct. 18, 1974, 88 Stat. 1376; Pub. L. 95-91,
title III, 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.)
''Secretary of Energy'' substituted in text for ''Secretary of the
Interior'' pursuant to Pub. L. 95-91, 302(a)(1)(D), which is
classified to section 7152(a)(1)(D) of Title 42, The Public Health and
Welfare.
16 USC 838c. Acquisition by condemnation of transmission facilities
TITLE 16 -- CONSERVATION
(a) Approval by Congress; exceptions
Unless specifically authorized by Act of Congress, the Administrator
shall not expend funds made available under this chapter, other than
funds specifically appropriated by the Congress for such purpose, to
acquire any operating transmission facility by condemnation: Provided,
That this provision shall not restrict the acquisition of the right to
cross such a facility by condemnation.
(b) Notice of request for approval for construction or condemnation
to contracting or interconnected entities in Pacific Northwest
At least sixty days prior to the time a request for approval or
authority under this section or section 838b of this title is sent to
Congress, the Administrator shall give notice of such request to
entities in the Pacific Northwest with which the Administrator has power
sales or exchange contracts or transmission contracts or which have a
transmission interconnection with the Federal transmission system.
(Pub. L. 93-454, 5, Oct. 18, 1974, 88 Stat. 1377.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 838d. Transmission of non-Federal power
TITLE 16 -- CONSERVATION
The Administrator shall make available to all utilities on a fair and
nondiscriminatory basis, any capacity in the Federal transmission system
which he determines to be in excess of the capacity required to transmit
electric power generated or acquired by the United States.
(Pub. L. 93-454, 6, Oct. 18, 1974, 88 Stat. 1377.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 838e. Acquisition of property
TITLE 16 -- CONSERVATION
Subject to the provisions of section 838c of this title the
Administrator may purchase or lease or otherwise acquire and hold such
real and personal property in the name of the United States as he deems
necessary or appropriate to carry out his duties pursuant to law.
(Pub. L. 93-454, 7, Oct. 18, 1974, 88 Stat. 1377.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC 838f. Marketing of Federal power; sales agent
TITLE 16 -- CONSERVATION
The Administrator is hereby designated as the marketing agent for all
electric power generated by Federal generating plants in the Pacific
Northwest, constructed by, under construction by, or presently
authorized for construction by the Bureau of Reclamation or the United
States Corps of Engineers except electric power required for the
operation of each Federal project and except electric power from the
Green Springs project of the Bureau of Reclamation.
(Pub. L. 93-454, 8, Oct. 18, 1974, 88 Stat. 1377.)
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, and are to be exercised by Secretary
through a separate Administration within Department of Energy.
16 USC 838g. Schedules of rates and charges for sale of Federal power
and transmission of non-Federal power; confirmation and approval;
criteria for modification and establishment
TITLE 16 -- CONSERVATION
Schedules of rates and charges for the sale, including dispositions
to Federal agencies, of all electric power made available to the
Administrator pursuant to section 838f of this title or otherwise
acquired, and for the transmission of non-Federal electric power over
the Federal transmission system, shall become effective upon
confirmation and approval thereof by the Secretary of Energy. Such rate
schedules may be modified from time to time by the Secretary of Energy,
acting by and through the Administrator, subject to confirmation and
approval by the Secretary of Energy, and shall be fixed and established
(1) with a view to encouraging the widest possible diversified use of
electric power at the lowest possible rates to consumers consistent with
sound business principles, (2) having regard to the recovery (upon the
basis of the application of such rate schedules to the capacity of the
electric facilities of the projects) of the cost of producing and
transmitting such electric power, including the amortization of the
capital investment allocated to power over a reasonable period of years
and payments provided for in section 838i(b)(9) of this title, and (3)
at levels to produce such additional revenues as may be required, in the
aggregate with all other revenues of the Administrator, to pay when due
the principal of, premiums, discounts, and expenses in connection with
the issuance of and interest on all bonds issued and outstanding
pursuant to this chapter, and amounts required to establish and maintain
reserve and other funds and accounts established in connection
therewith.
(Pub. L. 93-454, 9, Oct. 18, 1974, 88 Stat. 1377; Pub. L. 95-91,
title III, 301(b), 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.)
''Secretary of Energy'' substituted in text for ''Secretary of the
Interior'' and ''Federal Power Commission'' pursuant to Pub. L. 95-91,
301(b), 302(a)(1)(D), which are classified to sections 7151(b) and
7152(a)(1)(D) of Title 42, The Public Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to
be preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
16 USC 838h. Uniform schedules of rates and charges for sale of
Federal power and transmission of non-Federal power; allocation of cost
recovery
TITLE 16 -- CONSERVATION
The said schedules of rates and charges for transmission, the said
schedules of rates and charges for the sale of electric power, or both
such schedules, may provide, among other things, for uniform rates or
rates uniform throughout prescribed transmission areas. The recovery of
the cost of the Federal transmission system shall be equitably allocated
between Federal and non-Federal power utilizing such system.
(Pub. L. 93-454, 10, Oct. 18, 1974, 88 Stat. 1378.)
16 USC 838i. Bonneville Power Administration fund
TITLE 16 -- CONSERVATION
(a) Establishment; composition; availability of transferred funds
for expenditures
There is hereby established in the Treasury of the United States a
Bonneville Power Administration fund (hereinafter referred to as the
''fund''). The fund shall consist of (1) all receipts, collections, and
recoveries of the Administrator in cash from all sources, including
trust funds, (2) all proceeds derived from the sale of bonds by the
Administrator, (3) any appropriations made by the Congress for the fund,
and (4) the following funds which are hereby transferred to the
Administrator: (i) all moneys in the special account in the Treasury
established pursuant to Executive Order Numbered 8526 dated August 26,
1940, (ii) the unexpended balances in the continuing fund established by
the provisions of section 832j of this title, and (iii) the unexpended
balances of funds appropriated or otherwise made available for the
Bonneville Power Administration. All funds transferred hereunder shall
be available for expenditure by the Secretary of Energy, acting by and
through the Administrator, as authorized in this chapter and any other
Act relating to the Federal Columbia River transmission system, subject
to such limitations as may be prescribed by any applicable appropriation
act effective during such period as may elapse between their transfer
and the approval by the Congress of the first subsequent annual budget
program of the Administrator.
(b) Authorized purposes of expenditures
The Administrator may make expenditures from the fund, which shall
have been included in his annual budget submitted to Congress, without
further appropriation and without fiscal year limitation, but within
such specific directives or limitations as may be included in
appropriation acts, for any purpose necessary or appropriate to carry
out the duties imposed upon the Administrator pursuant to law, including
but not limited to --
(1) construction, acquisition, and replacement of (i) the
transmission system, including facilities and structures appurtenant
thereto, and (ii) additions, improvements, and betterments thereto
(hereinafter in this chapter referred to as ''transmission system'');
(2) operation, maintenance, repair, and relocation, to the extent
such relocation is not provided for under subsection (1) above, of the
transmission system;
(3) electrical research, development, experimentation, test, and
investigation related to construction, operation, and maintenance of
transmission systems and facilities;
(4) marketing of electric power;
(5) transmission over facilities of others and rental, lease, or
lease-purchase of facilities;
(6) purchase of electric power (including the entitlement of electric
plant capability) (i) on a short-term basis to meet temporary
deficiencies in electric power which the Administrator is obligated by
contract to supply, or /1/ (ii) if such purchase has been heretofore
authorized or is made with funds expressly appropriated for such
purchase by the Congress, (iii) if to be paid for with funds provided by
other entities for such purpose under a trust or agency arrangement, or
(iv) on a short term basis to meet the Administrator's obligations under
section 4(h) of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839b(h));
(7) defraying emergency expenses or insuring continuous operation;
(8) paying the interest on, premiums, discounts, and expenses, if
any, in connection with the issuance of, and principal of all bonds
issued under section 838k(a) of this title, including provision for and
maintenance of reserve and other funds established in connection
therewith;
(9) making such payments to the credit of the reclamation fund or
other funds as are required by or pursuant to law to be made into such
funds in connection with reclamation projects in the Pacific Northwest:
Provided, That this clause shall not be construed as permitting the use
of revenues for repayment of costs allocated to irrigation at any
project except as otherwise expressly authorized by law;
(10) making payments to the credit of miscellaneous receipts of the
Treasury for all unpaid costs required by or pursuant to law to be
charged to and returned to the general fund of the Treasury for the
repayment of the Federal investment in the Federal Columbia River Power
System from electric power marketed by the Administrator;
(11) acquiring such goods and services, and paying dues and
membership fees in such professional, utility, industry, and other
societies, associations, and institutes, together with expenses related
to such memberships, including but not limited to the acquisitions and
payments set forth in the general provisions of the annual
appropriations Act for the Department of Energy, as the Administrator
determines to be necessary or appropriate in carrying out the purposes
of this chapter; and
(12) making such payments, as shall be required to carry out the
purposes and provisions of the Pacific Northwest Electric Power Planning
and Conservation Act (16 U.S.C. 839 et seq.).
(c) Restriction on use of expenditures to authorized purposes;
expenditures of moneys received in trust; applicability of provisions
relating to control of Government corporations
Moneys heretofore or hereafter appropriated shall be used only for
the purposes for which appropriated, and moneys received by the
Administrator in trust shall be used only for carrying out such trust.
The provisions of chapter 91 of title 31 shall be applicable to the
Administrator in the same manner as they are applied to the wholly owned
Government corporations named in section 9101 of title 31, but nothing
in section 9105(d) /2/ of title 31 shall be construed as affecting the
powers granted in subsection (b)(11) of this section and in sections
832a(f), 832i(b), and 832k(a) of this title.
(d) Audit of financial transactions by Comptroller General; report
to Congress
Notwithstanding the provisions of sections 9105 and 9106 of title 31,
the financial transactions of the Administrator shall be audited by the
Comptroller General at such times and to such extent as the Comptroller
General deems necessary, and reports of the results of each such audit
shall be made to the Congress within 6 1/2 months following the end of
the fiscal year covered by the audit.
(Pub. L. 93-454, 11, Oct. 18, 1974, 88 Stat. 1378; Pub. L. 95-91,
title III, 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578; Pub. L. 96-501,
8(a), (b), Dec. 5, 1980, 94 Stat. 2728.)
Executive Order Numbered 8526 dated August 26, 1940, referred to in
subsec. (a), is not classified to the Code.
The Pacific Northwest Electric Power Planning and Conservation Act,
referred to in subsec. (b)(12), is Pub. L. 96-501, Dec. 5, 1980, 94
Stat. 2697, which is classified principally to chapter 12H ( 839 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 839 of this title and
Tables.
Section 9105 of title 31, referred to in subsec. (c), was amended
generally by Pub. L. 101-576, title III, 305, Nov. 15, 1990, 104
Stat. 2853, and, as so amended, does not contain a subsec. (d).
In subsec. (c), ''chapter 91 of title 31'', ''section 9101 of title
31'', and ''section 9105(d) of title 31'' substituted for ''the
Government Corporation Control Act (31 U.S.C. 841 et seq.)'', ''section
101 of such Act (31 U.S.C. 846)'', and ''the proviso in section 850 of
title 31, United States Code,'', respectively, on authority of Pub. L.
97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
In subsec. (d), ''sections 9105 and 9106 of title 31'' substituted
for ''sections 105 and 106 of the Government Corporation Control Act (31
U.S.C. 850, 851)'' on authority of Pub. L. 97-258, 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31.
1980 -- Subsec. (b)(6)(iv). Pub. L. 96-501, 8(a), added cl. (iv).
Subsec. (b)(12). Pub. L. 96-501, 8(b), added par. (12).
Amendment by Pub. L. 96-501 effective Dec. 5, 1980, see section 11
of Pub. L. 96-501, set out as an Effective Date note under section 839
of this title.
''Secretary of Energy'' substituted for ''Secretary of the Interior''
in subsec. (a) and ''Department of Energy'' substituted for
''Department of Interior'' in subsec. (b)(11) pursuant to Pub. L.
95-91, 302(a)(1)(D), which is classified to section 7152(a)(1)(D) of
Title 42, The Public Health and Welfare.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to
be preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
Pub. L. 100-371, title III, July 19, 1988, 102 Stat. 869, provided
that: ''Without fiscal year limitation, the Bonneville Power
Administration continues to be authorized to incur obligations for
authorized purposes and may do so in excess of borrowing authority and
cash in the Bonneville Power Administration Fund.''
/1/ So in original. The word ''or'' probably should not appear.
/2/ See References in Text note below.
16 USC 838j. Investment of excess moneys; deposit of moneys
TITLE 16 -- CONSERVATION
(a) If the Administrator determines that moneys in the fund are in
excess of current needs he may request the investment of such amounts as
he deems advisable by the Secretary of the Treasury in direct, general
obligations of, or obligations guaranteed as to both principal and
interest by, the United States of America.
(b) With the approval of the Secretary of the Treasury, the
Administrator may deposit moneys of the fund in any Federal Reserve bank
or other depository for funds of the United States of America, or in
such other banks and financial institutions and under such terms and
conditions as the Administrator and the Secretary of the Treasury may
mutually agree.
(Pub. L. 93-454, 12, Oct. 18, 1974, 88 Stat. 1380.)
16 USC 838k. Bonneville Power Administration bonds
TITLE 16 -- CONSERVATION
(a) Issuance and sale; terms and conditions; interest rate;
limitation on aggregate principal amount outstanding
The Administrator is authorized to issue and sell to the Secretary of
the Treasury from time to time in the name and for and on behalf of the
Bonneville Power Administration bonds, notes, and other evidences of
indebtedness (in this chapter collectively referred to as ''bonds'') to
assist in financing the construction, acquisition, and replacement of
the transmission system, to implement the Administrator's authority
pursuant to the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et seq.) (including his authority to
provide financial assistance for conservation measures, renewable
resources, and fish and wildlife, but not including the authority to
acquire under section 6 of that Act (16 U.S.C. 839d) electric power from
a generating facility having a planned capability greater than 50
average megawatts), and to issue and sell bonds to refund such bonds.
Such bonds shall be in such forms and denominations, bear such
maturities, and be subject to such terms and conditions as may be
prescribed by the Secretary of the Treasury taking into account terms
and conditions prevailing in the market for similar bonds, the useful
life of the facilities for which the bonds are issued, and financing
practices of the utility industry. Refunding provisions may be
prescribed by the Administrator. Such bonds shall bear interest at a
rate determined by the Secretary of the Treasury taking into
consideration the current average market yield on outstanding marketable
obligations of the United States of comparable maturities, plus an
amount in the judgment of the Secretary of the Treasury to provide for a
rate comparable to the rates prevailing in the market for similar bonds
issued by Government corporations. Beginning in fiscal year 1982, if
the Administrator fails to repay by the end of any fiscal year all of
the amounts projected immediately prior to such year to be repaid to the
Treasury by the end of such year under the repayment criteria of the
Secretary of Energy and if such failure is due to reasons other than (A)
a decrease in power sale revenues due to fluctuating streamflows or (B)
other reasons beyond the control of the Administrator, the Secretary of
the Treasury may increase the interest rate applicable to the
outstanding bonds issued by the Administrator during such fiscal year.
Such increase shall be effective commencing with the fiscal year
immediately following the fiscal year during which such failure occurred
and shall not exceed 1 per centum for each such fiscal year during which
such repayments are not in accord with such criteria. The Secretary of
the Treasury shall take into account amounts that the Administrator has
repaid in advance of any repayment criteria in determining whether to
increase such rate. Before such rate is increased, the Secretary of the
Treasury, in consultation with the Administrator and the Federal Energy
Regulatory Commission, must be satisfied that the Administrator will
have the ability to pay such increased rate, taking into account the
Administrator's obligations. Such increase shall terminate with the
fiscal year in which repayments (including repayments of the increased
rate) are in accordance with the repayment criteria of the Secretary of
Energy. The aggregate principal amount of any such bonds outstanding at
any one time shall not exceed $1,250,000,000 prior to October 1, 1981.
Such aggregate principal limitation shall be increased by an additional
$1,250,000,000 after October 1, 1981, as provided in advance in annual
appropriation Acts, and such increased amount shall be reserved for the
purpose of providing funds for conservation and renewable resource loans
and grants in a special revolving account created therefor in the Fund.
The funds from such revolving account shall not be deemed State or local
funds.
(b) Payment of principal, premiums, and interest from net proceeds;
''net proceeds'' defined
The principal of, premiums, if any, and interest on such bonds shall
be payable solely from the Administrator's net proceeds as hereinafter
defined. ''Net proceeds'' shall mean for the purposes of this section
the remainder of the Administrator's gross receipts from all sources
after first deducting trust funds and the costs listed in section
838i(b)(2) through (b)(7), (b)(11), and (b)(12) of this title, and shall
include reserve or other funds created from such receipts.
(c) Purchase and sale by Secretary of Treasury; public debt
transactions
The Secretary of the Treasury shall purchase forthwith any bonds
issued by the Administrator under this chapter and for that purpose is
authorized to use as a public debt transaction the proceeds from the
sale of any securities issued under chapter 31 of title 31, as now or
hereafter in force, and the purposes for which securities may be issued
under chapter 31 of title 31, as now or hereafter in force, are extended
to include any purchases of the bonds issued by the Administrator under
this chapter. The Secretary of the Treasury may, at any time, sell any
of the bonds acquired by him under this chapter. All redemptions,
purchases, and sales by the Secretary of the Treasury of such bonds
shall be treated as public debt transactions of the United States.
(Pub. L. 93-454, 13, Oct. 18, 1974, 88 Stat. 1380; Pub. L. 96-501,
8(c), (d), Dec. 5, 1980, 94 Stat. 2728, 2729.)
The Pacific Northwest Electric Power Planning and Conservation Act,
referred to in subsec. (a), is Pub. L. 96-501, Dec. 5, 1980, 94 Stat.
2697, which is classified principally to chapter 12H ( 839 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 839 of this title and Tables.
In subsec. (c), ''chapter 31 of title 31'' substituted for ''the
Second Liberty Bond Act'' on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
1980 -- Subsec. (a). Pub. L. 96-501, 8(d), inserted provision
relating to the implementation of the Administrator's authority pursuant
to the Pacific Northwest Electric Power Planning and Conservation Act,
inserted ''issued by Government corporations'' after ''rates prevailing
in the market for similar bonds'', increased the existing $1,250,000,000
aggregate principal limitation by an additional $1,250,000,000 after
Oct. 1, 1981, to be used to provide funds for conservation and
renewable resource loans and grants in a special revolving account
created for that purpose, and inserted provision that, beginning in
fiscal year 1982, if the Administrator fails to repay by the end of any
fiscal year all of the amounts projected immediately prior to that year
to be repaid to the Treasury by the end of that year under the repayment
criteria of the Secretary of Energy and if that failure is due to
reasons other than a decrease in power sale revenues due to fluctuating
streamflows or other reasons beyond the control of the Administrator,
the Secretary of the Treasury may increase the interest rate applicable
to the outstanding bonds issued by the Administrator during that fiscal
year.
Subsec. (b). Pub. L. 96-501, 8(c), substituted '', (b)(11), and
(b)(12) of this title,'' for ''and (b)(11) of this title,''.
Amendment by Pub. L. 96-501 effective Dec. 5, 1980, see section 11
of Pub. L. 96-501, set out as an Effective Date note under section 839
of this title.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
Bonneville Power Administration to be preserved as a distinct
organizational entity within Department of Energy and headed by an
Administrator.
16 USC CHAPTER 12H -- PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND
CONSERVATION
TITLE 16 -- CONSERVATION
Sec.
839. Congressional declaration of purpose.
839a. Definitions.
839b. Regional planning and participation.
(a) Pacific Northwest Electric Power and Conservation Planning
Council; establishment and operation as regional agency.
(b) Alternative establishment of Council as Federal agency.
(c) Organization and operation of Council.
(d) Regional conservation and electric power plan.
(e) Plan priorities and requisite features; studies.
(f) Model conservation standards; surcharges.
(g) Public information; consultation; contracts and technical
assistance.
(h) Fish and wildlife.
(i) Review.
(j) Requests by Council for action.
(k) Review and analysis of 5-year period of Council activities.
839c. Sale of power.
(a) Preferences and priorities.
(b) Sales to public bodies, cooperatives, and Federal agency
customers.
(c) Purchase and exchange sales.
(d) Sales to existing direct service industrial customers.
(e) Contractual entitlements to firm power.
(f) Surplus power.
(g) Long-term contracts.
839d. Conservation and resource acquisition.
(a) Conservation measures; resources.
(b) Acquisition of resources.
(c) Procedure for acquiring major resources, implementing
conservation measures, paying or reimbursing investigation and
preconstruction expenses, or granting billing credits.
(d) Acquisition of resources other than major resources.
(e) Effectuation of priorities; use of customers and local entities.
(f) Agreements; investigation and initial development of renewable
resources other than major resources; reimbursement of investigation
and preconstruction expenses.
(g) Environmental impact statements.
(h) Billing credits.
(i) Contracts.
(j) Obligations not to be considered general obligations of United
States or secured by full faith and credit of United States.
(k) Equitable distribution of benefits.
(l) Investigations.
(m) Offering of reasonable shares to each Pacific Northwest electric
utility.
839d-1. Federal projects in Pacific Northwest.
839e. Rates.
(a) Establishment; periodic review and revision; confirmation and
approval by Federal Energy Regulatory Commission.
(b) General application of rates to meet general requirements.
(c) Rates applicable to direct service industrial customers.
(d) Discount rates; special rates.
(e) Uniform rates; rates for sale of peaking capacity; time-of-day,
seasonal, and other rates.
(f) Basis for rates.
(g) Allocation of costs and benefits.
(h) Surcharges.
(i) Procedures.
(j) Cost figures to be indicated on rate schedules and power
billings.
(k) Statutory basis for procedures used in establishing rates or rate
schedules.
(l) Rates for sales outside United States; negotiations.
(m) Impact aid payments; formula.
839f. Administrative provisions.
(a) Contract authority.
(b) Executive and administrative functions of Administrator of
Bonneville Power Administration; sound and businesslike implementation
of chapter.
(c) Limitations and conditions on contracts for sale or exchange of
electric power for use outside Pacific Northwest.
(d) Disposition of power which does not increase amount of firm power
Administrator is obligated to provide to any customer.
(e) Judicial review; suits.
(f) Tax treatment of interest on governmental obligations.
(g) Review of rates for sale of power to Administrator by
investor-owned utility customers.
(h) Companies which own or operate facilities for the generation of
electricity primarily for sale to Administrator.
(i) Electric power acquisition or disposition.
(j) Retail rate designs which encourage conservation and efficient
use of electric energy, installation of consumer-owned renewable
resources, and rate research and development.
(k) Executive position for conservation and renewable resources.
839g. Savings provisions.
(a) Rights of States and political subdivisions of States.
(b) Rights and obligations under existing contracts.
(c) Statutory preferences and priorities of public bodies and
cooperatives in sale of federally generated power.
(d) Contractual rights under provisions later found to be
unconstitutional.
(e) Treaty and other rights of Indian tribes.
(f) Reservation of electric power for Montana; Hungry Horse and
Libby Dams and Reservoirs.
(g) Rights of States to prohibit recovery of resource construction
costs through retail rates.
(h) Water appropriations.
(i) Existing Federal licenses, permits, and certificates.
839h. Separability.
section 2286.
16 USC 839. Congressional declaration of purpose
TITLE 16 -- CONSERVATION
The purposes of this chapter, together with the provisions of other
laws applicable to the Federal Columbia River Power System, are all
intended to be construed in a consistent manner. Such purposes are also
intended to be construed in a manner consistent with applicable
environmental laws. Such purposes are:
(1) to encourage, through the unique opportunity provided by the
Federal Columbia River Power System --
(A) conservation and efficiency in the use of electric power, and
(B) the development of renewable resources within the Pacific
Northwest;
(2) to assure the Pacific Northwest of an adequate, efficient,
economical, and reliable power supply;
(3) to provide for the participation and consultation of the Pacific
Northwest States, local governments, consumers, customers, users of the
Columbia River System (including Federal and State fish and wildlife
agencies and appropriate Indian tribes), and the public at large within
the region in --
(A) the development of regional plans and programs related to energy
conservation, renewable resources, other resources, and protecting,
mitigating and enhancing fish and wildlife resources,
(B) facilitating the orderly planning of the region's power system,
and
(C) providing environmental quality;
(4) to provide that the customers of the Bonneville Power
Administration and their consumers continue to pay all costs necessary
to produce, transmit, and conserve resources to meet the region's
electric power requirements, including the amortization on a current
basis of the Federal investment in the Federal Columbia River Power
System;
(5) to insure, subject to the provisions of this chapter --
(A) that the authorities and responsibilities of State and local
governments, electric utility systems, water management agencies, and
other non-Federal entities for the regulation, planning, conservation,
supply, distribution, and use of electric power shall be construed to be
maintained, and
(B) that Congress intends that this chapter not be construed to limit
or restrict the ability of customers to take actions in accordance with
other applicable provisions of Federal or State law, including, but not
limited to, actions to plan, develop, and operate resources and to
achieve conservation, without regard to this chapter; and
(6) to protect, mitigate and enhance the fish and wildlife, including
related spawning grounds and habitat, of the Columbia River and its
tributaries, particularly anadromous fish which are of significant
importance to the social and economic well-being of the Pacific
Northwest and the Nation and which are dependent on suitable
environmental conditions substantially obtainable from the management
and operation of the Federal Columbia River Power System and other power
generating facilities on the Columbia River and its tributaries.
(Pub. L. 96-501, 2, Dec. 5, 1980, 94 Stat. 2697.)
This chapter, referred to in provision preceding par. (1) and in
par. (5), was in the original ''this Act'', meaning Pub. L. 96-501,
Dec. 5, 1980, 94 Stat. 2697, known as the Pacific Northwest Electric
Power Planning and Conservation Act, which enacted this chapter, amended
sections 837, 838i, and 838k of this title, and enacted provisions set
out as notes under this section. For complete classification of this
Act to the Code, see Short Title note set out below and Tables.
Section 11 of Pub. L. 96-501 provided that: ''This Act (enacting
this chapter, amending sections 837, 838i, and 838k of this title, and
enacting provisions set out as notes under this section) shall be
effective on the date of enactment (Dec. 5, 1980), or October 1, 1980,
whichever is later. For purposes of this Act, the term 'date of the
enactment of this Act' means such date of enactment (Dec. 5, 1980) or
October 1, 1980, whichever is later.''
Section 1 of Pub. L. 96-501 provided in part that: ''This Act
(enacting this chapter, amending sections 837, 838i, and 838k of this
title, and enacting provisions set out as notes under this section) may
be cited as the 'Pacific Northwest Electric Power Planning and
Conservation Act'.''
16 USC 839a. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, the term --
(1) ''Acquire'' and ''acquisition'' shall not be construed as
authorizing the Administrator to construct, or have ownership of, under
this chapter or any other law, any electric generating facility.
(2) ''Administrator'' means the Administrator of the Bonneville Power
Administration.
(3) ''Conservation'' means any reduction in electric power
consumption as a result of increases in the efficiency of energy use,
production, or distribution.
(4)(A) ''Cost-effective'', when applied to any measure or resource
referred to in this chapter, means that such measure or resource must be
forecast --
(i) to be reliable and available within the time it is needed, and
(ii) to meet or reduce the electric power demand, as determined by
the Council or the Administrator, as appropriate, of the Consumers of
the customers at an estimated incremental system cost no greater than
that of the least-cost similarly reliable and available alternative
measure or resource, or any combination thereof.
(B) For purposes of this paragraph, the term ''system cost'' means an
estimate of all direct costs of a measure or resource over its effective
life, including, if applicable, the cost of distribution and
transmission to the consumer and, among other factors, waste disposal
costs, end-of-cycle costs, and fuel costs (including projected
increases), and such quantifiable environmental costs and benefits as
the Administrator determines, on the basis of a methodology developed by
the Council as part of the plan, or in the absence of the plan by the
Administrator, are directly attributable to such measure or resource.
(C) In determining the amount of power that a conservation measure or
other resource may be expected to save or to produce, the Council or the
Administrator, as the case may be, shall take into account projected
realization factors and plant factors, including appropriate historical
experience with similar measures or resources.
(D) For purposes of this paragraph, the ''estimated incremental
system cost'' of any conservation measure or resource shall not be
treated as greater than that of any nonconservation measure or resource
unless the incremental system cost of such conservation measure or
resource is in excess of 110 per centum of the incremental system cost
of the nonconservation measure or resource.
(5) ''Consumer'' means any end user of electric power.
(6) ''Council'' means, unless otherwise specifically provided, the
members appointed to the Pacific Northwest Electric Power and
Conservation Planning Council established pursuant to section 839b of
this title.
(7) ''Customer'' means anyone who contracts for the purchase of power
from the Administrator pursuant to this chapter.
(8) ''Direct service industrial customer'' means an industrial
customer that contracts for the purchase of power from the Administrator
for direct consumption.
(9) ''Electric power'' means electric peaking capacity, or electric
energy, or both.
(10) ''Federal base system resources'' means --
(A) the Federal Columbia River Power System hydroelectric projects;
(B) resources acquired by the Administrator under long-term contracts
in force on December 5, 1980; and
(C) resources acquired by the Administrator in an amount necessary to
replace reductions in capability of the resources referred to in
subparagraphs (A) and (B) of this paragraph.
(11) ''Indian tribe'' means any Indian tribe or band which is located
in whole or in part in the region and which has a governing body which
is recognized by the Secretary of the Interior.
(12) ''Major resource'' means any resource that --
(A) has a planned capability greater than fifty average megawatts,
and
(B) if acquired by the Administrator, is acquired for a period of
more than five years.
Such term does not include any resource acquired pursuant to section
838i(b)(6) of this title.
(13) ''New large single load'' means any load associated with a new
facility, an existing facility, or an expansion of an existing facility
--
(A) which is not contracted for, or committed to, as determined by
the Administrator, by a public body, cooperative, investor-owned
utility, or Federal agency customer prior to September 1, 1979, and
(B) which will result in an increase in power requirements of such
customer of ten average megawatts or more in any consecutive
twelve-month period.
(14) ''Pacific Northwest'', ''region'', or ''regional'' means --
(A) the area consisting of the States of Oregon, Washington, and
Idaho, the portion of the State of Montana west of the Continental
Divide, and such portions of the States of Nevada, Utah, and Wyoming as
are within the Columbia River drainage basin; and
(B) any contiguous areas, not in excess of seventy-five air miles
from the area referred to in subparagraph (A), which are a part of the
service area of a rural electric cooperative customer served by the
Administrator on December 5, 1980, which has a distribution system from
which it serves both within and without such region.
(15) ''Plan'' means the Regional Electric Power and conservation plan
(including any amendments thereto) adopted pursuant to this chapter and
such plan shall apply to actions of the Administrator as specified in
this chapter.
(16) ''Renewable resource'' means a resource which utilizes solar,
wind, hydro, geothermal, biomass, or similar sources of energy and which
either is used for electric power generation or will reduce the electric
power requirements of a consumer, including by direct application.
(17) ''Reserves'' means the electric power needed to avert particular
planning or operating shortages for the benefit of firm power customers
of the Administrator and available to the Administrator (A) from
resources or (B) from rights to interrupt, curtail, or otherwise
withdraw, as provided by specific contract provisions, portions of the
electric power supplied to customers.
(18) ''Residential use'' or ''residential load'' means all usual
residential, apartment, seasonal dwelling and farm electrical loads or
uses, but only the first four hundred horsepower during any monthly
billing period of farm irrigation and pumping for any farm.
(19) ''Resource'' means --
(A) electric power, including the actual or planned electric power
capability of generating facilities, or
(B) actual or planned load reduction resulting from direct
application of a renewable energy resource by a consumer, or from a
conservation measure.
(20) ''Secretary'' means the Secretary of Energy.
(Pub. L. 96-501, 3, Dec. 5, 1980, 94 Stat. 2698.)
16 USC 839b. Regional planning and participation
TITLE 16 -- CONSERVATION
(a) Pacific Northwest Electric Power and Conservation Planning
Council; establishment and operation as regional agency
(1) The purposes of this section are to provide for the prompt
establishment and effective operation of the Pacific Northwest Electric
Power and Conservation Planning Council, to further the purposes of this
chapter by the Council promptly preparing and adopting (A) a regional
conservation and electric power plan and (B) a program to protect,
mitigate, and enhance fish and wildlife, and to otherwise expeditiously
and effectively carry out the Council's responsibilities and functions
under this chapter.
(2) To achieve such purposes and facilitate cooperation among the
States of Idaho, Montana, Oregon, and Washington, and with the
Bonneville Power Administration, the consent of Congress is given for an
agreement described in this paragraph and not in conflict with this
chapter, pursuant to which --
(A) there shall be established a regional agency known as the
''Pacific Northwest Electric Power and Conservation Planning Council''
which (i) shall have its offices in the Pacific Northwest, (ii) shall
carry out its functions and responsibilities in accordance with the
provisions of this chapter, (iii) shall continue in force and effect in
accordance with the provisions of this chapter, and (iv) except as
otherwise provided in this chapter, shall not be considered an agency or
instrumentality of the United States for the purpose of any Federal law;
and
(B) two persons from each State may be appointed, subject to the
applicable laws of each such State, to undertake the functions and
duties of members of the Council.
The State may fill any vacancy occurring prior to the expiration of
the term of any member. The appointment of six initial members, subject
to applicable State law, by June 30, 1981, by at least three of such
States shall constitute an agreement by the States establishing the
Council and such agreement is hereby consented to by the Congress. Upon
request of the Governors of two of the States, the Secretary shall
extend the June 30, 1981, date for six additional months to provide more
time for the States to make such appointments.
(3) Except as otherwise provided by State law, each member appointed
to the Council shall serve for a term of three years, except that, with
respect to members initially appointed, each Governor shall designate
one member to serve a term of two years and one member to serve a term
of three years. The members of the Council shall select from among
themselves a chairman. The members and officers and employees of the
Council shall not be deemed to be officers or employees of the United
States for any purpose. The Council shall appoint, fix compensation,
assign and delegate duties to such executive and additional personnel as
the Council deems necessary to fulfill its functions under this chapter,
taking into account such information and analyses as are, or are likely
to be, available from other sources pursuant to provisions of this
chapter. The compensation of the members shall be fixed by State law.
The compensation of the members and the officers shall not exceed the
rate prescribed for Federal officers and positions at step 1 of level
GS-18 of the General Schedule.
(4) For the purpose of providing a uniform system of laws, in
addition to this chapter, applicable to the Council relating to the
making of contracts, conflicts-of-interest, financial disclosure, open
meetings of the Council, advisory committees, disclosure of information,
judicial review of Council functions and actions under this chapter, and
related matters, the Federal laws applicable to such matters in the case
of the Bonneville Power Administration shall apply to the Council to the
extent appropriate, except that with respect to open meetings, the
Federal laws applicable to open meetings in the case of the Federal
Energy Regulatory Commission shall apply to the Council to the extent
appropriate. In applying the Federal laws applicable to financial
disclosure under the preceding sentence, such laws shall be applied to
members of the Council without regard to the duration of their service
on the Council or the amount of compensation received for such service.
No contract, obligation, or other action of the Council shall be
construed as an obligation of the United States or an obligation secured
by the full faith and credit of the United States. For the purpose of
judicial review of any action of the Council or challenging any
provision of this chapter relating to functions and responsibilities of
the Council, notwithstanding any other provision of law, the courts of
the United States shall have exclusive jurisdiction of any such review.
(b) Alternative establishment of Council as Federal agency
(1) If the Council is not established and its members are not timely
appointed in accordance with subsection (a) of this section, or if, at
any time after such Council is established and its members are appointed
in accordance with subsection (a) of this section --
(A) any provision of this chapter relating to the establishment of
the Council or to any substantial function or responsibility of the
Council (including any function or responsibility under subsection (d)
or (h) of this section or under section 839d(c) of this title) is held
to be unlawful by a final determination of any Federal court, or
(B) the plan or any program adopted by such Council under this
section is held by a final determination of such a court to be
ineffective by reason of subsection (a)(2)(B) of this section,
the Secretary shall establish the Council pursuant to this subsection
as a Federal agency. The Secretary shall promptly publish a notice
thereof in the Federal Register and notify the Governors of each of the
States referred to in subsection (a) of this section.
(2) As soon as practicable, but not more than thirty days after the
publication of the notice referred to in paragraph (1) of this
subsection, and thereafter within forty-five days after a vacancy
occurs, the governors of the States of Washington, Oregon, Idaho, and
Montana may each (under applicable State laws, if any) provide to the
Secretary a list of nominations from such State for each of the State's
positions to be selected for such Council. The Secretary may extend
this time an additional thirty days. The list shall include at least
two persons for each such position. The list shall include such
information about such nominees as the Secretary may request. The
Secretary shall appoint the Council members from each Governor's list of
nominations for each State's positions, except that the Secretary may
decline to appoint for any reason any of a Governor's nominees for a
position and shall so notify the Governor. The Governor may thereafter
make successive nominations within forty-five days of receipt of such
notice until nominees acceptable to the Secretary are appointed for each
position. In the event the Governor of any such State fails to make the
required nominations for any State position on such Council within the
time specified for such nominations, the Secretary shall select from
such State and appoint the Council member or members for such position.
The members of the Council shall select from among themselves one member
of the Council as Chairman.
(3) The members of the Council established by this subsection who are
not employed by the United States or a State shall receive compensation
at a rate equal to the rate prescribed for offices and positions at
level GS-18 of the General Schedule for each day such members are
engaged in the actual performance of duties as members of such Council,
except that no such member may be paid more in any calendar year than an
officer or employee at step 1 of level GS-18 is paid during such year.
Members of such Council shall be considered officers or employees of the
United States for purposes of title II of the Ethics in Government Act
of 1978 (5 U.S.C. app.) /1/ and shall also be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as persons
employed intermittently in Government service are allowed expenses under
section 5703 of title 5. Such Council may appoint, and assign duties
to, an executive director who shall serve at the pleasure of such
Council and who shall be compensated at the rate established for GS-18
of the General Schedule. The executive director shall exercise the
powers and duties delegated to such director by such Council, including
the power to appoint and fix compensation of additional personnel in
accordance with applicable Federal law to carry out the functions and
responsibilities of such Council.
(4) When a Council is established under this subsection after a
Council was established pursuant to subsection (a) of this section, the
Secretary shall provide, to the greatest extent feasible, for the
transfer to the Council established by this subsection of all funds,
books, papers, documents, equipment, and other matters in order to
facilitate the Council's capability to achieve the requirements of
subsections (d) and (h) of this section. In order to carry out its
functions and responsibilities under this chapter expeditiously, the
Council shall take into consideration any actions of the Council under
subsection (a) of this section and may review, modify, or confirm such
actions without further proceedings.
(5)(A) At any time beginning one year after the plan referred to in
such subsection (d) of this section and the program referred to in such
subsection (h) of this section are both finally adopted in accordance
with this chapter, the Council established pursuant to this subsection
shall be terminated by the Secretary 90 days after the Governors of
three of the States referred to in this subsection jointly provide for
any reason to the Secretary a written request for such termination.
Except as provided in Subparagraph (B), upon such termination all
functions and responsibilities of the Council under this chapter shall
also terminate.
(B) Upon such termination of the Council, the functions and
responsibilities of the Council set forth in subsection (h) of this
section shall be transferred to, and continue to be funded and carried
out, jointly, by the Administrator, the Secretary of the Interior, and
the Administrator of the National Marine Fisheries Service, in the same
manner and to the same extent as required by such subsection and in
cooperation with the Federal and the region's State fish and wildlife
agencies and Indian tribes referred to in subsection (h) of this section
and the Secretary shall provide for the transfer to them of all records,
books, documents, funds, and personnel of such Council that relate to
subsection (h) matters. In order to carry out such functions and
responsibilities expeditiously, the Administrator, the Secretary of the
Interior, and the Administrator of the National Marine Fisheries Service
shall take into consideration any actions of the Council under this
subsection, and may review, modify, or confirm such actions without
further proceedings. In the event the Council is terminated pursuant to
this paragraph, whenever any action of the Administrator requires any
approval or other action by the Council, the Administrator may take such
action without such approval or action, except that the Administrator
may not implement any proposal to acquire a major generating resource or
to grant billing credits involving a major generating resource until the
expenditure of funds for that purpose is specifically authorized by Act
of Congress enacted after such termination.
(c) Organization and operation of Council
(1) The provisions of this subsection shall, except as specifically
provided in this subsection, apply to the Council established pursuant
to either subsection (a) or (b) of this section.
(2) A majority of the members of the Council shall constitute a
quorum. Except as otherwise provided specifically in this chapter, all
actions and decisions of the Council shall be by majority vote of the
members present and voting. The plan or any part thereof and any
amendment thereto shall not be approved unless such plan or amendment
receives the votes of --
(A) a majority of the members appointed to the Council, including the
vote of at least one member from each State with members on the Council;
or
(B) at least six members of the Council.
(3) The Council shall meet at the call of the Chairman or upon the
request of any three members of the Council. If any member of the
Council disagrees with respect to any matter transmitted to any Federal
or State official or any other person or wishes to express additional
views concerning such matter, such member may submit a statement to
accompany such matter setting forth the reasons for such disagreement or
views.
(4) The Council shall determine its organization and prescribe its
practices and procedures for carrying out its functions and
responsibilities under this chapter. The Council shall make available
to the public a statement of its organization, practices, and
procedures, and make available to the public its annual work program
budget at the time the President submits his annual budget to Congress.
(5) Upon request of the Council established pursuant to subsection
(b) of this section, the head of any Federal agency is authorized to
detail or assign to the Council, on a reimbursable basis, any of the
personnel of such agency to assist the Council in the performance of its
functions under this chapter.
(6) At the Council's request the Administrator of the General
Services Administration shall furnish the Council established pursuant
to subsection (b) of this section with such offices, equipment,
supplies, and services in the same manner and to the same extent as such
Administrator is authorized to furnish to any other Federal agency or
instrumentality such offices, supplies, equipment, and services.
(7) Upon the request of the Congress or any committee thereof, the
Council shall promptly provide to the Congress, or to such committee,
any record, report, document, material, and other information which is
in the possession of the Council.
(8) To obtain such information and advice as the Council determines
to be necessary or appropriate to carry out its functions and
responsibilities pursuant to this chapter, the Council shall, to the
greatest extent practicable, solicit engineering, economic, social,
environmental, and other technical studies from customers of the
Administrator and from other bodies or organizations in the region with
particular expertise.
(9) The Administrator and other Federal agencies, to the extent
authorized by other provisions of law, shall furnish the Council all
information requested by the Council as necessary for performance of its
functions, subject to such requirements of law concerning trade secrets
and proprietary data as may be applicable.
(10)(A) At the request of the Council, the Administrator shall pay
from funds available to the Administrator the compensation and other
expenses of the Council as are authorized by this chapter, including the
reimbursement of those States with members on the Council for services
and personnel to assist in preparing a plan pursuant to subsection (d)
of this section and a program pursuant to subsection (h) of this
section, as the Council determines are necessary or appropriate for the
performance of its functions and responsibilities. Such payments shall
be included by the Administrator in his annual budgets submitted to
Congress pursuant to the Federal Columbia River Transmission System Act
(16 U.S.C. 838 et seq.) and shall be subject to the requirements of that
Act, including the audit requirements of section 11(d) of such Act (16
U.S.C. 838i(d)). The records, reports, and other documents of the
Council shall be available to the Comptroller General for review in
connection with such audit or other review and examination by the
Comptroller General pursuant to other provisions of law applicable to
the Comptroller General. Funds provided by the Administrator for such
payments shall not exceed annually an amount equal to 0.02 mill
multiplied by the kilowatt hours of firm power forecast to be sold by
the Administrator during the year to be funded. In order to assist the
Council's initial organization, the Administrator after December 5,
1980, shall promptly prepare and propose an amended annual budget to
expedite payment for Council activities.
(B) Notwithstanding the limitation contained in the fourth sentence
of subparagraph (A) of this paragraph, upon an annual showing by the
Council that such limitation will not permit the Council to carry out
its functions and responsibilities under this chapter the Administrator
may raise such limit up to any amount not in excess of 0.10 mill
multiplied by the kilowatt hours of firm power forecast to be sold by
the Administrator during the year to be funded.
(11) The Council shall establish a voluntary scientific and
statistical advisory committee to assist in the development, collection,
and evaluation of such statistical, biological, economic, social,
environmental, and other scientific information as is relevant to the
Council's development and amendment of a regional conservation and
electric power plan.
(12) The Council may establish such other voluntary advisory
committees as it determines are necessary or appropriate to assist it in
carrying out its functions and responsibilities under this chapter.
(13) The Council shall ensure that the membership for any advisory
committee established or formed pursuant to this section shall, to the
extent feasible, include representatives of, and seek the advice of, the
Federal, and the various regional, State, local, and Indian Tribal
Governments, consumer groups, and customers.
(d) Regional conservation and electric power plan
(1) Within two years after the Council is established and the members
are appointed pursuant to subsection (a) or (b) of this section, the
Council shall prepare, adopt, and promptly transmit to the Administrator
a regional conservation and electric power plan. The adopted plan, or
any portion thereof, may be amended from time to time, and shall be
reviewed by the Council not less frequently than once every five years.
Prior to such adoption, public hearings shall be held in each Council
member's State on the plan or substantial, nontechnical amendments to
the plan proposed by the Council for adoption. A public hearing shall
also be held in any other State of the region on the plan or amendments
thereto, if the Council determines that the plan or amendments would
likely have a substantial impact on that State in terms of major
resources which may be developed in that State and which the
Administrator may seek to acquire. Action of the Council under this
subsection concerning such hearings shall be subject to section 553 of
title 5 and such procedure as the Council shall adopt.
(2) Following adoption of the plan and any amendment thereto, all
actions of the Administrator pursuant to section 839d of this title
shall be consistent with the plan and any amendment thereto, except as
otherwise specifically provided in this chapter.
(e) Plan priorities and requisite features; studies
(1) The plan shall, as provided in this paragraph, give priority to
resources which the Council determines to be cost-effective. Priority
shall be given: first, to conservation; second, to renewable
resources; third, to generating resources utilizing waste heat or
generating resources of high fuel conversion efficiency; and fourth, to
all other resources.
(2) The plan shall set forth a general scheme for implementing
conservation measures and developing resources pursuant to section 839d
of this title to reduce or meet the Administrator's obligations with due
consideration by the Council for (A) environmental quality, (B)
compatibility with the existing regional power system, (C) protection,
mitigation, and enhancement of fish and wildlife and related spawning
grounds and habitat, including sufficient quantities and qualities of
flows for successful migration, survival, and propagation of anadromous
fish, and (D) other criteria which may be set forth in the plan.
(3) To accomplish the priorities established by this subsection, the
plan shall include the following elements which shall be set forth in
such detail as the Council determines to be appropriate:
(A) an energy conservation program to be implemented under this
chapter, including, but not limited to, model conservation standards;
(B) recommendation for research and development;
(C) a methodology for determining quantifiable environmental costs
and benefits under section 839a(4) of this title;
(D) a demand forecast of at least twenty years (developed in
consultation with the Administrator, the customers, the States,
including State agencies with ratemaking authority over electric
utilities, and the public, in such manner as the Council deems
appropriate) and a forecast of power resources estimated by the Council
to be required to meet the Administrator's obligations and the portion
of such obligations the Council determines can be met by resources in
each of the priority categories referred to in paragraph (1) of this
subsection which forecast (i) shall include regional reliability and
reserve requirements, (ii) shall take into account the effect, if any,
of the requirements of subsection (h) of this section on the
availability of resources to the Administrator, and (iii) shall include
the approximate amounts of power the Council recommends should be
acquired by the Administrator on a long-term basis and may include, to
the extent practicable, an estimate of the types of resources from which
such power should be acquired;
(E) an analysis of reserve and reliability requirements and
cost-effective methods of providing reserves designed to insure adequate
electric power at the lowest probable cost;
(F) the program adopted pursuant to subsection (h) of this section;
and
(G) if the Council recommends surcharges pursuant to subsection (f)
of this section, a methodology for calculating such surcharges.
(4) The Council, taking into consideration the requirement that it
devote its principal efforts to carrying out its responsibilities under
subsections (d) and (h) of this section, shall undertake studies of
conservation measures reasonably available to direct service industrial
customers and other major consumers of electric power within the region
and make an analysis of the estimated reduction in energy use which
would result from the implementation of such measures as rapidly as
possible, consistent with sound business practices. The Council shall
consult with such customers and consumers in the conduct of such
studies.
(f) Model conservation standards; surcharges
(1) Model conservation standards to be included in the plan shall
include, but not be limited to, standards applicable to (A) new and
existing structures, (b) utility, customer, and governmental
conservation programs, and (C) other consumer actions for achieving
conservation. Model conservation standards shall reflect geographic and
climatic differences within the region and other appropriate
considerations, and shall be designed to produce all power savings that
are cost-effective for the region and economically feasible for
consumers, taking into account financial assistance made available to
consumers under section 839d(a) of this title. These model conservation
standards shall be adopted by the Council and included in the plan after
consultation, in such manner as the Council deems appropriate, with the
Administrator, States, and political subdivisions, customers of the
Administrator, and the public.
(2) The Council by a majority vote of the members of the Council is
authorized to recommend to the Administrator a surcharge and the
Administrator may thereafter impose such a surcharge, in accordance with
the methodology provided in the plan, on customers for those portions of
their loads within the region that are within States or political
subdivisions which have not, or on the Administrator's customers which
have not, implemented conservation measures that achieve energy savings
which the Administrator determines are comparable to those which would
be obtained under such standards. Such surcharges shall be established
to recover such additional costs as the Administrator determines will be
incurred because such projected energy savings attributable to such
conservation measures have not been achieved, but in no case may such
surcharges be less than 10 per centum or more than 50 per centum of the
Administrator's applicable rates for such load or portion thereof.
(g) Public information; consultation; contracts and technical
assistance
(1) To insure widespread public involvement in the formulation of
regional power policies, the Council and Administrator shall maintain
comprehensive programs to --
(A) inform the Pacific Northwest public of major regional power
issues,
(B) obtain public views concerning major regional power issues, and
(C) secure advice and consultation from the Administrator's customers
and others.
(2) In carrying out the provisions of this section, the Council and
the Administrator shall --
(A) consult with the Administrator's customers;
(B) include the comments of such customers in the record of the
Council's proceedings; and
(C) recognize and not abridge the authorities of State and local
governments, electric utility systems, and other non-Federal entities
responsible to the people of the Pacific Northwest for the planning,
conservation, supply, distribution, and use of electric power and the
operation of electric generating facilities.
(3) In the preparation, adoption, and implementation of the plan, the
Council and the Administrator shall encourage the cooperation,
participation, and assistance of appropriate Federal agencies, State
entities, State political subdivisions, and Indian tribes. The Council
and the Administrator are authorized to contract, in accordance with
applicable law, with such agencies entities, tribes, and subdivisions
individually, in groups, or through associations thereof to (A)
investigate possible measures to be included in the plan, (B) provide
public involvement and information regarding a proposed plan or
amendment thereto, and (C) provide services which will assist in the
implementation of the plan. In order to assist in the implementation of
the plan, particularly conservation, renewable resource, and fish and
wildlife activities, the Administrator, when requested and subject to
available funds, may provide technical assistance in establishing
conservation, renewable resource, and fish and wildlife objectives by
individual States or subdivisions thereof or Indian tribes. Such
objectives, if adopted by a State or subdivision thereof or Indian
tribes, may be submitted to the Council and the Administrator for
review, and upon approval by the Council, may be incorporated as part of
the plan.
(h) Fish and wildlife
(1)(A) The Council shall promptly develop and adopt, pursuant to this
subsection, a program to protect, mitigate, and enhance fish and
wildlife, including related spawning grounds and habitat, on the
Columbia River and its tributaries. Because of the unique history,
problems, and opportunities presented by the development and operation
of hydroelectric facilities on the Columbia River and its tributaries,
the program, to the greatest extent possible, shall be designed to deal
with that river and its tributaries as a system.
(B) This subsection shall be applicable solely to fish and wildlife,
including related spawning grounds and habitat, located on the Columbia
River and its tributaries. Nothing in this subsection shall alter,
modify, or affect in any way the laws applicable to rivers or river
systems, including electric power facilities related thereto, other than
the Columbia River and its tributaries, or affect the rights and
obligations of any agency, entity, or person under such laws.
(2) The Council shall request, in writing, promptly after the Council
is established under either subsection (a) or (b) of this section and
prior to the development or review of the plan, or any major revision
thereto, from the Federal, and the region's State, fish and wildlife
agencies and from the region's appropriate Indian tribes,
recommendations for --
(A) measures which can be expected to be implemented by the
Administrator, using authorities under this chapter and other laws, and
other Federal agencies to protect, mitigate, and enhance fish and
wildlife, including related spawning grounds and habitat, affected by
the development and operation of any hydroelectric project on the
Columbia River and its tributaries;
(B) establishing objectives for the development and operation of such
projects on the Columbia River and its tributaries in a manner designed
to protect, mitigate, and enhance fish and wildlife; and
(C) fish and wildlife management coordination and research and
development (including funding) which, among other things, will assist
protection, mitigation, and enhancement of anadromous fish at, and
between, the region's hydroelectric dams.
(3) Such agencies and tribes shall have 90 days to respond to such
request, unless the Council extends the time for making such
recommendations. The Federal, and the region's water management
agencies, and the region's electric power producing agencies, customers,
and public may submit recommendations of the type referred to in
paragraph (2) of this subsection. All recommendations shall be
accompanied by detailed information and data in support of the
recommendations.
(4)(A) The Council shall give notice of all recommendations and shall
make the recommendations and supporting documents available to the
Administrator, to the Federal, and the region's, State fish and wildlife
agencies, to the appropriate Indian tribes, to Federal agencies
responsible for managing, operating, or regulating hydroelectric
facilities located on the Columbia River or its tributaries, and to any
customer or other electric utility which owns or operates any such
facility. Notice shall also be given to the public. Copies of such
recommendations and supporting documents shall be made available for
review at the offices of the Council and shall be available for
reproduction at reasonable cost.
(B) The Council shall provide for public participation and comment
regarding the recommendations and supporting documents, including an
opportunity for written and oral comments, within such reasonable time
as the Council deems appropriate.
(5) The Council shall develop a program on the basis of such
recommendations supporting documents, and views and information obtained
through public comment and participation, and consultation with the
agencies, tribes, and customers referred to in subparagraph (A) of
paragraph (4). The program shall consist of measures to protect,
mitigate, and enhance fish and wildlife affected by the development,
operation, and management of such facilities while assuring the Pacific
Northwest and adequate, efficient economical, and reliable power supply.
Enhancement measures shall be included in the program to the extent
such measures are designed to achieve improved protection and
mitigation.
(6) The Council shall include in the program measures which it
determines, on the basis set forth in paragraph (5), will --
(A) complement the existing and future activities of the Federal and
the region's State fish and wildlife agencies and appropriate Indian
tribes;
(B) be based on, and supported by, the best available scientific
knowledge;
(C) utilize, where equally effective alternative means of achieving
the same sound biological objective exist, the alternative with the
minimum economic cost;
(D) be consistent with the legal rights of appropriate Indian tribes
in the region; and
(E) in the case of anadromous fish --
(i) provide for improved survival of such fish at hydroelectric
facilities located on the Columbia River system; and
(ii) provide flows of sufficient quality and quantity between such
facilities to improve production, migration, and survival of such fish
as necessary to meet sound biological objectives.
(7) The Council shall determine whether each recommendation received
is consistent with the purposes of this chapter. In the event such
recommendations are inconsistent with each other, the Council, in
consultation with appropriate entities, shall resolve such inconsistency
in the program giving due weight to the recommendations, expertise, and
legal rights and responsibilities of the Federal and the region's State
fish and wildlife agencies and appropriate Indian tribes. If the
Council does not adopt any recommendation of the fish and wildlife
agencies and Indian tribes as part of the program or any other
recommendation, it shall explain in writing, as part of the program, the
basis for its finding that the adoption of such recommendation would be
--
(A) inconsistent with paragraph (5) of this subsection;
(B) inconsistent with paragraph (6) of this subsection; or
(C) less effective than the adopted recommendations for the
protection, mitigation, and enhancement of fish and wildlife.
(8) The Council shall consider, in developing and adopting a program
pursuant to this subsection, the following principles:
(A) Enhancement measures may be used, in appropriate circumstances,
as a means of achieving offsite protection and mitigation with respect
to compensation for losses arising from the development and operation of
the hydroelectric facilities of the Columbia River and its tributaries
as a system.
(B) Consumers of electric power shall bear the cost of measures
designed to deal with adverse impacts caused by the development and
operation of electric power facilities and programs only.
(C) To the extent the program provides for coordination of its
measures with additional measures (including additional enhancement
measures to deal with impacts caused by factors other than the
development and operation of electric power facilities and programs),
such additional measures are to be implemented in accordance with
agreements among the appropriate parties providing for the
administration and funding of such additional measures.
(D) Monetary costs and electric power losses resulting from the
implementation of the program shall be allocated by the Administrator
consistent with individual project impacts and system wide objectives of
this subsection.
(9) The Council shall adopt such program or amendments thereto within
one year after the time provided for receipt of the recommendations.
Such program shall also be included in the plan adopted by the Council
under subsection (d) of this section.
(10)(A) The Administrator shall use the Bonneville Power
Administration fund and the authorities available to the Administrator
under this chapter and other laws administered by the Administrator to
protect, mitigate, and enhance fish and wildlife to the extent affected
by the development and operation of any hydroelectric project of the
Columbia River and its tributaries in a manner consistent with the plan,
if in existence, the program adopted by the Council under this
subsection, and the purposes of this chapter. Expenditures of the
Administrator pursuant to this paragraph shall be in addition to, not in
lieu of, other expenditures authorized or required from other entities
under other agreements or provisions of law.
(B) The Administrator may make expenditures from such fund which
shall be included in the annual or supplementary budgets submitted to
the Congress pursuant to the Federal Columbia River Transmission System
Act (16 U.S.C. 838 et seq.). Any amounts included in such budget for the
construction of capital facilities with an estimated life of greater
than 15 years and an estimated cost of at least $1,000,000 shall be
funded in the same manner and in accordance with the same procedures as
major transmission facilities under the Federal Columbia River
Transmission System Act.
(C) The amounts expended by the Administrator for each activity
pursuant to this subsection shall be allocated as appropriate by the
Administrator, in consultation with the Corps of Engineers and the Water
and Power Resources Service, among the various hydroelectric projects of
the Federal Columbia River Power System. Amounts so allocated shall be
allocated to the various project purposes in accordance with existing
accounting procedures for the Federal Columbia River Power System.
(11)(A) The Administrator and other Federal agencies responsible for
managing, operating, or regulating Federal or non-Federal hydroelectric
facilities located on the Columbia River or its tributaries shall --
(i) exercise such responsibilities consistent with the purposes of
this chapter and other applicable laws, to adequately protect, mitigate,
and enhance fish and wildlife, including related spawning grounds and
habitat, affected by such projects or facilities in a manner that
provides equitable treatment for such fish and wildlife with the other
purposes for which such system and facilities are managed and operated;
(ii) exercise such responsibilities, taking into account at each
relevant stage of decisionmaking processes to the fullest extent
practicable, the program adopted by the Council under this subsection.
If, and to the extent that, such other Federal agencies as a result of
such consideration impose upon any non-Federal electric power project
measures to protect, mitigate, and enhance fish and wildlife which are
not attributable to the development and operation of such project, then
the resulting monetary costs and power losses (if any) shall be borne by
the Administrator in accordance with this subsection.
(B) The Administrator and such Federal agencies shall consult with
the Secretary of the Interior, the Administrator of the National Marine
Fisheries Service, and the State fish and wildlife agencies of the
region, appropriate Indian tribes, and affected project operators in
carrying out the provisions of this paragraph and shall, to the greatest
extent practicable, coordinate their actions.
(12)(A) Beginning on October 1 of the first fiscal year after all
members to the Council are appointed initially, the Council shall submit
annually a detailed report to the Committee on Energy and Natural
Resources of the Senate and to the Committees on Energy and Commerce and
on Interior and Insular Affairs of the House of Representatives. The
report shall describe the actions taken and to be taken by the Council
under this chapter, including this subsection, the effectiveness of the
fish and wildlife program, and potential revisions or modifications to
the program to be included in the plan when adopted. At least ninety
days prior to its submission of such report, the Council shall make
available to such fish and wildlife agencies, and tribes, the
Administrator and the customers a draft of such report. The Council
shall establish procedures for timely comments thereon. The Council
shall include as an appendix to such report such comments or a summary
thereof.
(B) The Administrator shall keep such committees fully and currently
informed of the actions taken and to be taken by the Administrator under
this chapter, including this subsection.
(i) Review
The Council may from time to time review the actions of the
Administrator pursuant to this section and section 839d of this title to
determine whether such actions are consistent with the plan and
programs, the extent to which the plan and programs is being
implemented, and to assist the Council in preparing amendments to the
plan and programs.
(j) Requests by Council for action
(1) The Council may request the Administrator to take an action under
section 839d of this title to carry out the Administrator's
responsibilities under the plan.
(2) To the greatest extent practicable within ninety days after the
Council's request, the Administrator shall respond to the Council in
writing specifying --
(A) the means by which the Administrator will undertake the action or
any modification thereof requested by the Council, or
(B) the reasons why such action would not be consistent with the
plan, or with the Administrator's legal obligations under this chapter,
or other provisions of law, which the Administrator shall specifically
identify.
(3) If the Administrator determines not to undertake the requested
action, the Council, within sixty days after notice of the
Administrator's determination, may request the Administrator to hold an
informal hearing and make a final decision.
(k) Review and analysis of 5-year period of Council activities
(1) Not later than October 1, 1987, or six years after the Council is
established under this chapter, whichever is later, the Council shall
complete a thorough analysis of conservation measures and conservation
resources implemented pursuant to this chapter during the five-year
period beginning on the date the Council is established under this
chapter to determine if such measures or resources:
(A) have resulted or are likely to result is costs to consumers in
the region greater than the costs of additional generating resources or
additional fuel which the Council determines would be necessary in the
absence of such measures or resources;
(B) have not been or are likely not to be generally equitable to all
consumers in the region; or
(C) have impaired or are likely to impair the ability of the
Administrator to carry out his obligations under this chapter and other
laws, consistent with sound business practices.
(2) The Administrator may determine that section 839a(4)(D) of this
title shall not apply to any proposed conservation measure or resource
if the Administrator finds after receipt of such analysis from the
Council that such measure of resource would have any result or effect
described in subparagraph (A), (B) or (C) of paragraph (1).
(Pub. L. 96-501, 4, Dec. 5, 1980, 94 Stat. 2700; H. Res. 549, Mar.
25, 1980.)
The Ethics in Government Act of 1978, referred to in subsec. (b)(3),
is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title
II of the Ethics in Government Act of 1978 was set out in the Appendix
to Title 5, Government Organization and Employees, prior to repeal by
Pub. L. 101-194, title II, 201, Nov. 30, 1989, 103 Stat. 1724. For
complete classification of this Act to the Code, see Short Title note
set out under section 101 of Pub. L. 95-521 in the Appendix to Title 5
and Tables.
The Federal Columbia River Transmission System Act, referred to in
subsecs. (c)(10)(A) and (h)(10)(B), is Pub. L. 93-454, Oct. 18, 1974,
88 Stat. 1376, as amended, which is classified generally to chapter 12G
( 838 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 838 of this
title and Tables.
Committee on Interstate and Foreign Commerce of the House of
Representatives changed to Committee on Energy and Commerce immediately
prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth
Congress, Mar. 25, 1980.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Pub. L. 98-381, title I, 109, Aug. 17, 1984, 98 Stat. 1340,
provided that: ''The Secretary of the Interior, acting pursuant to
Federal reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts
amendatory thereof and supplementary thereto) (43 U.S.C. 371 et seq.)
and in accordance with the Pacific Northwest Electric Power Planning and
Conservation Act (94 Stat. 2697) (16 U.S.C. 839 et seq.) is authorized
to design, construct, operate, and maintain fish passage facilities
within the Yakima River Basin, and to accept funds from any entity,
public or private, to design, construct, operate, and maintain such
facilities.''
/1/ See References in Text note below.
16 USC 839c. Sale of power
TITLE 16 -- CONSERVATION
(a) Preferences and priorities
All power sales under this chapter shall be subject at all times to
the preference and priority provisions of the Bonneville Project Act of
1937 (16 U.S.C. 832 and following) and, in particular, sections 4 and 5
thereof (16 U.S.C. 832c and 832d). Such sales shall be at rates
established pursuant to section 839e of this title.
(b) Sales to public bodies, cooperatives, and Federal agency
customers
(1) Whenever requested, the Administrator shall offer to sell to each
requesting public body and cooperative entitled to preference and
priority under the Bonneville Project Act of 1937 (16 U.S.C. 832 et
seq.) and to each requesting investor-owned utility electric power to
meet the firm power load of such public body, cooperative or
investor-owned utility in the Region to the extent that such firm power
load exceeds --
(A) the capability of such entity's firm peaking and energy resources
used in the year prior to December 5, 1980, to serve its firm load in
the region, and
(B) such other resources as such entity determines, pursuant to
contracts under this chapter, will be used to serve its firm load in the
region.
In determining the resources which are used to serve a firm load, for
purposes of subparagraphs (A) and (B), any resources used to serve a
firm load under such subparagraphs shall be treated as continuing to be
so used, unless such use is discontinued with the consent of the
Administrator, or unless such use is discontinued because of
obsolescence, retirement, loss of resource, or loss of contract rights.
(2) Contracts with investor-owned utilities shall provide that the
Administrator may reduce his obligations under such contracts in
accordance with section 5(a) of the Bonneville Project Act of 1937 (16
U.S.C. 832d(a)).
(3) In addition to his authorities to sell electric power under
paragraph (1), the Administrator is also authorized to sell electric
power to Federal agencies in the region.
(4) Sales under this subsection shall be made only if the public
body, cooperative, Federal agency or investor-owned utility complies
with the Administrator's standards for service in effect on December 5,
1980, or as subsequently revised.
(5) The Administrator shall include in contracts executed in
accordance with this subsection provisions that enable the Administrator
to restrict his contractual obligations to meet the loads referred to in
this subsection in the future if the Administrator determines, after a
reasonable period of experience under this chapter, that the
Administrator cannot be assured on a planning basis of acquiring
sufficient resources to meet such loads during a specified period of
insufficiency. Any such contract with a public body, cooperative, or
Federal agency shall specify a reasonable minimum period between a
notice of restriction and the earliest date such restriction may be
imposed.
(6) Contracts executed in accordance with this subsection with public
body, cooperative, and Federal agency customers shall --
(A) provide that the restriction referred to in paragraph (5) shall
not be applicable to any such customers until the operating year in
which the total of such customers' firm loads to be served by the
Administrator equals or exceeds the firm capability of the Federal base
system resources;
(B) not permit restrictions which would reduce the total contractual
entitlement of such customers to an amount less than the firm capability
of the Federal base system resources; and
(C) contain a formula for determining annually, on a uniform basis,
each such customer's contractual entitlement to firm power during such a
period of restriction, which formula shall not consider customer
resources other than those the customer has determined, as of December
5, 1980, to be used to serve its own firm loads.
The formula referred to in subparagraph (C) shall obligate the
Administrator to provide on an annual basis only firm power needed to
serve the portion of such customer's firm load in excess of the
capability of such customer's own firm resources determined by such
customer under paragraph (1) of this subsection to be used to serve its
firm load.
(c) Purchase and exchange sales
(1) Whenever a Pacific Northwest electric utility offers to sell
electric power to the Administrator at the average system cost of that
utility's resources in each year, the Administrator shall acquire by
purchase such power and shall offer, in exchange, to sell an equivalent
amount of electric power to such utility for resale to that utility's
residential users within the region.
(2) The purchase and exchange sale referred to in paragraph (1) of
this subsection with any electric utility shall be limited to an amount
not in excess of 50 per centum of such utility's Regional residential
load in the year beginning July 1, 1980, such 50 per centum limit
increasing in equal annual increments to 100 per centum of such load in
the year beginning July 1, 1985, and each year thereafter.
(3) The cost benefits, as specified in contracts with the
Administrator, of any purchase and exchange sale referred to in
paragraph (1) of this subsection which are attributable to any electric
utility's residential load within a State shall be passed through
directly to such utility's residential loads within such State, except
that a State which lies partially within and partially without the
region may require that such cost benefits be distributed among all of
the utility's residential loads in that State.
(4) An electric utility may terminate, upon reasonable terms and
conditions agreed to by the Administrator and such utility prior to such
termination, its purchase and sale under this subsection if the
supplemental rate charge provided for in section 839e(b)(3) of this
title is applied and the cost of electric power sold to such utility
under this subsection exceeds, after application of such rate charge,
the average system cost of power sold by such utility to the
Administrator under this subsection.
(5) Subject to the provisions of sections 839b and 839d of this
title, in lieu of purchasing any amount of electric power offered by a
utility under paragraph (1) of this subsection, the Administrator may
acquire an equivalent amount of electric power from other sources to
replace power sold to such utility as part of an exchange sale if the
cost of such acquisition is less than the cost of purchasing the
electric power offered by such utility.
(6) Exchange sales to a utility pursuant to this subsection shall not
be restricted below the amounts of electric power acquired by the
Administrator from, or on behalf of, such utility pursuant to this
subsection.
(7) The ''average system cost'' for electric power sold to the
Administrator under this subsection shall be determined by the
Administrator on the basis of a methodology developed for this purpose
in consultation with the Council, the Administrator's customers, and
appropriate State regulatory bodies in the region. Such methodology
shall be subject to review and approval by the Federal Energy Regulatory
Commission. Such average system cost shall not include --
(A) the cost of additional resources in an amount sufficient to serve
any new large single load of the utility;
(B) the cost of additional resources in an amount sufficient to meet
any additional load outside the region occurring after December 5, 1980;
and
(C) any costs of any generating facility which is terminated prior to
initial commercial operation.
(d) Sales to existing direct service industrial customers
(1)(A) The Administrator is authorized to sell in accordance with
this subsection electric power to existing direct service industrial
customers. Such sales shall provide a portion of the Administrator's
reserves for firm power loads within the region.
(B) After December 5, 1980, the Administrator shall offer in
accordance with subsection (g) of this section to each existing direct
service industrial customer an initial long term contract that provides
such customer an amount of power equivalent to that to which such
customer is entitled under its contract dated January or April 1975
providing for the sale of ''industrial firm power.''
(2) The Administrator shall not sell electric power, including
reserves, directly to new direct service industrial customers.
(3) The Administrator shall not sell amounts of electric power,
including reserves, to existing direct service industrial customers in
excess of the amount permitted under paragraph (1) unless the
Administrator determines, after a plan has been adopted pursuant to
section 839b of this title, that such proposed sale is consistent with
the plan and that --
(A) additional power system reserves are required for the region's
firm loads,
(B) the proposed sale would provide a cost-effective method of
supplying such reserves,
(C) such loads or loads of similar character cannot provide
equivalent operating or planning benefits to the region if served by an
electric utility under contractual arrangements providing reserves, and
(D) the Administrator has or can acquire sufficient electric power to
serve such loads, and
unless the Council has determined such sale is consistent with the
plan. After such determination by the Administrator and by the Council,
the Administrator is authorized to offer to existing direct service
industrial customers power in such amounts in excess of the amount
permitted under paragraph (1) of this subsection as the Administrator
determines to be necessary to provide additional power system reserves
to meet the region's firm loads.
(4)(A) As used in this section, the term ''existing direct service
industrial customer'' means any direct service industrial customer of
the Administrator which has a contract for the purchase of electric
power from the Administrator on December 5, 1980.
(B) The term ''new direct service industrial customer'' means any
industrial entity other than an existing direct service industrial
customer.
(C)(i) Where a new contract is offered in accordance with subsection
(g) of this section to any existing direct service industrial customer
which has not received electric power prior to December 5, 1980, from
the Administrator pursuant to a contract with the Administrator existing
on December 5, 1980, electric power delivered under such new contract
shall be conditioned on the Administrator reasonably acquiring, in
accordance with this chapter and within such estimated period of time
(as specified in the contract) as he deems reasonable, sufficient
resources to meet, on a planning basis, the load requirement of such
customer. Such contract shall also provide that the obligation of the
Administrator to acquire such resources to meet such load requirement
shall, except as provided in clause (ii) of this subparagraph, apply
only to such customer and shall not be sold or exchanged by such
customer to any other person.
(ii) Rights under a contract described in clause (i) of this
subparagraph may be transferred by an existing direct service industrial
customer referred to in clause (i) to a successor in interest in
connection with a reorganization or other transfer of all major assets
of such customer. Following such a transfer, such successor in interest
(or any other subsequent successor in interest) may also transfer rights
under such a contract only in connection with a reorganization or other
transfer of all assets of such successor in interest.
(iii) The limitations of clause (i) of this subparagraph shall not
apply to any customer referred to in clause (i) whenever the
Administrator determines that such customer is receiving electric power
pursuant to a contract referred to in such clause (ii).
(e) Contractual entitlements to firm power
(1) The contractual entitlement to firm power of any customer from
whom, or on whose behalf, the Administrator has acquired electric power
pursuant to section 839d of this title may not be restricted below the
amount of electric power so acquired from, or on behalf of, such
customer. If in any year such customer's requirements are less than
such entitlement, any excess of such entitlement shall be first made
available to increase the entitlement of other customers of the same
class before being available for the entitlement of other customers.
For purposes of this paragraph, the following entities shall each
constitute a class:
(A) public bodies and cooperatives;
(B) Federal agencies;
(C) direct service industrial; and
(D) investor owned utilities.
(2) Any contractual entitlement to firm power which is based on
electric power acquired from, or on behalf of, a customer pursuant to
section 839d of this title shall be in addition to any other contractual
entitlement to firm power not subject to restriction that such customer
may have under this section. For the purposes of this subsection,
references to amounts of power acquired by the Administrator pursuant to
section 839d of this title shall be deemed to mean the amounts specified
in the resource acquisition contracts exclusive of any amounts
recognized in such contracts as replacement for Federal base system
resources.
(3) The Administrator shall, consistent with the provisions of this
chapter, insure that any restrictions upon any particular customer class
made pursuant to this subsection and subsection (b) of this section are
distributed equitably throughout the region.
(f) Surplus power
The Administrator is authorized to sell, or otherwise dispose of,
electric power, including power acquired pursuant to this and other
Acts, that is surplus to his obligations incurred pursuant to
subsections (b), (c), and (d) of this section in accordance with this
and other Acts applicable to the Administrator, including the Bonneville
Projects Act of 1937 (16 U.S.C. 832 and following), the Federal Columbia
River Transmission System Act (16 U.S.C. 838 and following), and the Act
of August 31, 1964 (16 U.S.C. 837-837h).
(g) Long-term contracts
(1) As soon as practicable within nine months after December 5, 1980,
the Administrator shall commence necessary negotiations for, and offer,
initial long-term contracts (within the limitations of the third
sentence of section 5(a) of the Bonneville Project Act (16 U.S.C.
832d(a))) simultaneously to --
(A) existing public body and cooperative customers and investor-owned
utility customers under subsection (b) of this section;
(B) Federal agency customers under subsection (b) of this section;
(C) electric utility customers under subsection (c) of this section;
and
(D) direct service industrial customers under subsection (d)(1) of
this section.
(2) Each customer offered a contract pursuant to this subsection
shall have one year from the date of such offer to accept such contract.
Such contract shall be effective as provided in this subsection.
(3) An initial contract with a public body, cooperative or
investor-owned electric utility customer or a Federal agency customer
pursuant to subsection (b) of this section shall be effective on the
date executed by such customer, unless another effective date is
otherwise agreed to by the Administrator and the customer.
(4) An initial contract with an electric utility customer pursuant to
subsection (c) of this section shall be effective on the date executed
by such customer, but no earlier than the first day of the tenth month
after December 5, 1980.
(5) An initial contract with a direct service industrial customer
pursuant to subsection (d)(1) of this section, shall be effective on the
date agreed upon by the Administrator and such customer, but no later
than the first day of the tenth month after December 5, 1980. When such
contract is executed, it may for rate purposes be given retroactive
effect to such first day.
(6) Initial contracts offered public body, cooperative and Federal
agency customers in accordance with this subsection shall provide that
during a period of insufficiency declared in accordance with subsection
(b) of this section each customer's contractual entitlement shall, to
the extent of its requirements on the Administrator, be no less than the
amount of firm power received from the Administrator in the year
immediately preceding the period of insufficiency.
(7) The Administrator shall be deemed to have sufficient resources
for the purpose of entering into the initial contracts specified in
paragraph (1)(A) through (D).
(Pub. L. 96-501, 5, Dec. 5, 1980, 94 Stat. 2712.)
The Bonneville Project Act of 1937, referred to in subsecs. (a),
(b)(1), and (f), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as
amended, which is classified generally to chapter 12B ( 832 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 832 of this title and Tables.
The Federal Columbia River Transmission System Act, referred to in
subsec. (f), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat. 1376, as
amended, which is classified generally to chapter 12G ( 838 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 838 of this title and Tables.
Act of August 31, 1964, referred to in subsec. (f), is Pub. L.
88-552, Aug. 31, 1964, 78 Stat. 756, as amended, which is classified
generally to chapter 12F ( 837 et seq.) of this title. For complete
classification of this Act to the Code, see Tables.
16 USC 839d. Conservation and resource acquisition
TITLE 16 -- CONSERVATION
(a) Conservation measures; resources
(1) The Administrator shall acquire such resources through
conservation, implement all such conservation measures, and acquire such
renewable resources which are installed by a residential or small
commercial consumer to reduce load, as the Administrator determines are
consistent with the plan, or if no plan is in effect with the criteria
of section 839b(e)(1) of this title and the considerations of section
839b(e)(2) of this title and, in the case of major resources, in
accordance with subsection (c) of this section. Such conservation
measures and such resources may include, but are not limited to --
(A) loans and grants to consumers for insulation or weatherization,
increased system efficiency, and waste energy recovery by direct
application,
(B) technical and financial assistance to, and other cooperation
with, the Administrator's customers and governmental authorities to
encourage maximum cost-effective voluntary conservation and the
attainment of any cost-effective conservation objectives adopted by
individual States or subdivisions thereof,
(C) aiding the Administrator's customers and governmental authorities
in implementing model conservation standards adopted pursuant to section
839b(f) of this title, and
(D) conducting demonstration projects to determine the cost
effectiveness of conservation measures and direct application of
renewable energy resources.
(2) In addition to acquiring electric power pursuant to section
839c(c) of this title, or on a short-term basis pursuant to section
11(b)(6)(i) of the Federal Columbia River Transmission System Act (16
U.S.C. 838i(b)(6)(i)), the Administrator shall acquire, in accordance
with this section, sufficient resources --
(A) to meet his contractual obligations that remain after taking into
account planned savings from measures provided for in paragraph (1) of
this subsection, and
(B) to assist in meeting the requirements of section 839b(h) of this
title.
The Administrator shall acquire such resources without considering
restrictions which may apply pursuant to section 839c(b) of this title.
(b) Acquisition of resources
(1) Except as specifically provided in this section, acquisition of
resources under this chapter shall be consistent with the plan, as
determined by the Administrator.
(2) The Administrator may acquire resources (other than major
resources) under this chapter which are not consistent with the plan,
but which are determined by the Administrator to be consistent with the
criteria of section 839b(e)(1) of this title and the considerations of
section 839b(e)(2) of this title.
(3) If no plan is in effect, the Administrator may acquire resources
under this chapter which are determined by the Administrator to be
consistent with the criteria of section 839b(e)(1) of this title and the
considerations of section 839b(e)(2) of this title.
(4) The Administrator shall acquire any non-Federal resources to
replace Federal base system resources only in accordance with the
provisions of this section. The Administrator shall include in the
contracts for the acquisition of any such non-Federal replacement
resources provisions which will enable him to ensure that such
non-Federal replacement resources are developed and operated in a manner
consistent with the considerations specified in section 839b(e)(2) of
this title.
(5) Notwithstanding any acquisition of resources pursuant to this
section, the Administrator shall not reduce his efforts to achieve
conservation and to acquire renewable resources installed by a
residential or small commercial consumer to reduce load, pursuant to
subsection (a)(1) of this section.
(c) Procedure for acquiring major resources, implementing
conservation measures, paying or reimbursing investigation and
preconstruction expenses, or granting billing credits
(1) For each proposal under subsection (a), (b), (f), (h), or (l) of
this section to acquire a major resource, to implement a conservation
measure which will conserve an amount of electric power equivalent to
that of a major resource, to pay or reimburse investigation and
preconstruction expenses of the sponsors of a major resource, or to
grant billing credits or services involving a major resource, the
Administrator shall --
(A) publish notice of the proposed action in the Federal Register and
provide a copy of such notice to the Council, the Governor of each State
in which facilities would be constructed or a conservation measure
implemented, and the Administrator's customers;
(B) not less than sixty days following publication of such notice,
conduct one or more public hearings, presided over by a hearing officer,
at which testimony and evidence shall be received, with opportunity for
such rebuttal and cross-examination as the hearing officer deems
appropriate in the development of an adequate hearing record;
(C) develop a record to assist in evaluating the proposal which shall
include the transcript of the public hearings, together with exhibits,
and such other materials and information as may have been submitted to,
or developed by, the Administrator; and
(D) following completion of such hearings, promptly provide to the
Council and make public a written decision that includes, in addition to
a determination respecting the requirements of subsection (a), (b), (f),
(h), (l), or (m) of this section, as appropriate --
(i) if a plan is in effect, a finding that the proposal is either
consistent or inconsistent with the plan or, notwithstanding its
inconsistency with the plan, a finding that it is needed to meet the
Administrator's obligations under this chapter, or
(ii) if no plan is in effect, a finding that the proposal is either
consistent or inconsistent with the criteria of section 839b(e)(1) of
this title and the considerations of section 839b(e)(2) of this title or
notwithstanding its inconsistency, a finding that it is needed to meet
the Administrator's obligations under this chapter.
In the case of subsection (f) of this section, such decision shall be
treated as satisfying the applicable requirements of this subsection and
of subsection (f) of this section, if it includes a finding of probable
consistency, based upon the Administrator's evaluation of information
available at the time of completion of the hearing under this paragraph.
Such decision shall include the reasons for such finding.
(2) Within sixty days of the receipt of the Administrator's decision
pursuant to paragraph (1)(D) of this subsection, the Council may
determine by a majority vote of all members of the Council, and notify
the Administrator --
(A) that the proposal is either consistent or inconsistent with the
plan, or
(B) if no plan is in effect, that the proposal is either consistent
or inconsistent with the criteria of section 839b(e)(1) of this title
and the considerations of section 839b(e)(2) of this title.
(3) The Administrator may not implement any proposal referred to in
paragraph (1) that is determined pursuant to paragraph (1) or (2) by
either the Administrator or the Council to be inconsistent with the plan
or, if no plan is in effect, with the criteria of section 839b(e)(1) of
this title and the considerations of section 839b(e)(2) of this title --
(A) unless the Administrator finds that, notwithstanding such
inconsistency, such resource is needed to meet the Administrator's
obligations under this chapter, and
(B) until the expenditure of funds for that purpose has been
specifically authorized by Act of Congress enacted after December 5,
1980.
(4) Before the Administrator implements any proposal referred to in
paragraph (1) of this subsection, the Administrator shall --
(A) submit to the appropriate committees of the Congress the
administrative record of the decision (including any determination by
the Council under paragraph (2)) and a statement of the procedures
followed or to be followed for compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
(B) publish notice of the decision in the Federal Register, and
(C) note the proposal in the Administrator's annual or supplementary
budget submittal made pursuant to the Federal Columbia River
Transmission System Act (16 U.S.C. 838 and following).
The Administrator may not implement any such proposal until ninety
days after the date on which such proposal has been noted in such budget
or after the date on which such decision has been published in the
Federal Register, whichever is later.
(5) The authority of the Council to make a determination under
paragraph (2)(B) if no plan is in effect shall expire on the date two
years after the establishment of the Council.
(d) Acquisition of resources other than major resources
The Administrator is authorized to acquire a resource, other than a
major resource, whether or not such resource meets the criteria of
section 839b(e)(1) of this title and the considerations of section
839b(e)(2) of this title but which he determines is an experimental,
developmental, demonstration, or pilot project of a type with a
potential for providing cost-effective service to the region. The
Administrator shall make no obligation for the acquisition of such
resource until it is included in the annual budgets submitted to the
Congress pursuant to the Federal Columbia River Transmission System Act
(16 U.S.C. 838 et seq.).
(e) Effectuation of priorities; use of customers and local entities
(1) In order to effectuate the priority given to conservation
measures and renewable resources under this chapter, the Administrator
shall, to the maximum extent practicable, make use of his authorities
under this chapter to acquire conservation measures and renewable
resources, to implement conservation measures, and to provide credits
and technical and financial assistance for the development and
implementation of such resources and measures (including the funding of,
and the securing of debt for, expenses incurred during the investigation
and preconstruction of resources, as authorized in subsection (f) of
this section).
(2) To the extent conservation measures or acquisition of resources
require direct arrangements with consumers, the Administrator shall make
maximum practicable use of customers and local entities capable of
administering and carrying out such arrangements.
(f) Agreements; investigation and initial development of renewable
resources other than major resources; reimbursement of investigation
and preconstruction expenses
(1) For resources which the Administrator determines may be eligible
for acquisition under this section and satisfy the criteria of section
839b(e)(1) of this title and the considerations of section 839b(e)(2) of
this title or, if a plan is in effect, to be consistent with the plan,
the Administrator is authorized to enter into agreements with sponsors
of --
(A) a renewable resource, other than a major resource, to fund or
secure debt incurred in the investigation and initial development of
such resource, or
(B) any other resource to provide for the reimbursement of the
sponsor's investigation and preconstruction expenses concerning such
resource (which expenses shall not include procurement of capital
equipment or construction material for such resource).
In the case of any resource referred to in subparagraph (B) of this
paragraph, such reimbursement is authorized only if --
(i) such resource is subsequently denied State siting approval or
other necessary Federal or State permits, or approvals,
(ii) such investigation subsequently demonstrates, as determined by
the Administrator, that such resource does not meet the criteria of
section 839b(e)(1) of this title and the considerations of section
839b(e)(2) of this title or is not acceptable because of environmental
impacts, or
(iii) after such investigation the Administrator determines not to
acquire the resource and the sponsor determines not to construct the
resource.
(2) The Administrator may exercise the authority of this subsection
only after he determines that the failure to do so would result in
inequitable hardship to the consumers of such sponsors. The
Administrator may provide reimbursement under this subsection only for
expenses incurred after December 5, 1980.
(3) Any agreement under paragraph (1) of this subsection shall
provide the Administrator an option to acquire any such resource,
including a renewable resource, and shall include such other provisions,
as the Administrator deems appropriate, for the Administrator's recovery
from such sponsors or any assignee of the sponsors, if such sponsor or
assignee continues development of the resource, of any advances made by
the Administrator pursuant to such agreement.
(4) The Administrator shall not reimburse any expense incurred by the
sponsors (except necessary expenses involved in the liquidation of the
resource) after the date of a final denial of application for State
siting approval or after the date the Administrator determines that the
resource to be inconsistent with the plan or the criteria of section
839b(e)(1) of this title and the considerations of section 839b(e)(2) of
this title.
(g) Environmental impact statements
At the request of the appropriate State, any environmental impact
statement which may be required with respect to a resource, to the
extent determined possible by the Administrator in accordance with
applicable law and regulations, may be prepared jointly and in
coordination with any required environmental impact statement of the
State or any other statement which serves the purpose of an
environmental impact statement which is required by State law.
(h) Billing credits
(1) If a customer so requests, the Administrator shall grant billing
credits to such customer, and provide services to such customer at rates
established for such services, for --
(A) conservation activities independently undertaken or continued
after December 5, 1980, by such customer or political subdivision served
by such customer which reduce the obligation of the Administrator that
would otherwise have existed to acquire other resources under this
chapter, or
(B) resources constructed, completed, or acquired after December 5,
1980, by a customer, an entity acting on behalf of such customer, or
political subdivision served by the customer which reduce the obligation
of the Administrator to acquire resources under this chapter. Such
resources shall be renewable resources or multipurpose projects or other
resources which are not inconsistent with the plan or, in the absence of
a plan, not inconsistent with the criteria of section 839b(e)(1) of this
title and the considerations of section 839b(e)(2) of this title.
(2) The energy and capacity on which a credit under this subsection
to a customer is based shall be the amount by which a conservation
activity or resource actually changes the customer's net requirement for
supply of electric power or reserves from the Administrator.
(3) The amount of credits for conservation under this subsection
shall be set to credit the customer implementing or continuing the
conservation activity for which the credit is granted for the savings
resulting from such activity. The rate impact on the Administrator's
other customers of granting the credit shall be equal to the rate impact
such customers would have experienced had the Administrator been
obligated to acquire resources in an amount equal to that actually saved
by the activity for which the credit is granted.
(4) For resources other than conservation, the customer shall be
credited for net costs actually incurred by such customer, an entity
acting on behalf of such customer, or political subdivision served by
such customer, in acquiring, constructing, or operating the resource for
which the credit is granted. The rate impact to the Administrator's
other customers of granting the credit shall be no greater than the rate
impact such customers would have experienced had the Administrator been
obligated to acquire resources in an amount equal to that actually
produced by the resource for which the credit is granted.
(5) Retail rate structures which are voluntarily implemented by the
Administrator's customers and which induce conservation or installation
of consumer-owned renewable resources shall be considered, for purposes
of this subsection, to be (A) conservation activities independently
undertaken or carried on by such customers, or (B) customer-owned
renewable resources, and shall qualify for billing credits upon the same
showing as that required for other conservation or renewable resource
activities.
(6) Prior to granting any credit or providing services pursuant to
this subsection, the Administrator shall --
(A) comply with the notice provisions of subsection (c) of this
section, and include in such notice the methodology the Administrator
proposes to use in determining the amount of any such credit;
(B) include the cost of such credit in the Administrator's annual or
amended budget submittal to the Congress made pursuant to the Federal
Columbia River Transmission System Act (16 U.S.C. 838(j)) (16 U.S.C. 838
et seq.);
(C) require that resources in excess of customer's reasonable load
growth shall have been offered to others for ownership participation or
other sponsorship pursuant to subsection (m) of this section, except in
the case of conservation, multi-purpose projects uniquely suitable for
development by the customer, or renewable resources; and
(D) require that the operators of any generating resource for which a
billing credit is to be granted agree to operate such resource in a
manner compatible with the planning and operation of the region's
process power system.
(i) Contracts
Contracts for the acquisition of resources and for billing credits
for major resources, including conservation activities, entered into
pursuant to this section shall contain such terms and conditions,
applicable after the contract is entered into, as will --
(1) insure timely construction, scheduling, completion, and operation
of resources,
(2) insure that the costs of any acquisition are as low as reasonably
possible, consistent (A) with sound engineering, operating, and safety
practices, and (B) the protection, mitigation, and enhancement of fish
and wildlife, including related spawning grounds and habitat affected by
the development of such resources, and
(3) insure that the Administrator exercises effective oversight,
inspection, audit, and review of all aspects of such construction and
operation.
Such contracts shall contain provisions assuring that the
Administrator has the authority to approve all costs of, and proposals
for, major modifications in construction, scheduling or operations and
to assure that the Administrator is provided with such current
information as he deems necessary to evaluate such construction and
operation.
(j) Obligations not to be considered general obligations of United
States or secured by full faith and credit of United States
(1) All contractual and other obligations required to be carried out
by the Administrator pursuant to this chapter shall be secured solely by
the Administrator's revenues received from the sale of electric power
and other services. Such obligations are not, nor shall they be
construed to be, general obligations of the United States, nor are such
obligations intended to be or are they secured by the full faith and
credit of the United States.
(2) All contracts entered into by the Administrator for the
acquisition of resources pursuant to this chapter shall require that, in
the sale of any obligations, all offerings and promotional material for
the sale of such obligations shall include the language contained in the
second sentence of paragraph (1) of this subsection. The Administrator
shall monitor and enforce such requirement.
(k) Equitable distribution of benefits
In the exercise of his authorities pursuant to this section, the
Administrator shall, consistent with the provisions of this chapter and
the Administrator's obligations to particular customer classes, insure
that benefits under this section, including financial and technical
assistance, conduct of conservation demonstrations, and experimental
projects, services, and billing credits, are distributed equitably
throughout the region.
(l) Investigations
(1) The Administrator is authorized and directed to investigate
opportunities for adding to the region's resources or reducing the
region's power costs through the accelerated or cooperative development
of resources located outside the States of Idaho, Montana, Oregon, and
Washington if such resources are renewable resources, and are now or in
the future planned or considered for eventual development by nonregional
agencies or authorities that will or would own, sponsor, or otherwise
develop them. The Administrator shall keep the Council fully and
currently informed of such investigations, and seek the Council's advice
as to the desirability of pursuing such investigations.
(2) The Administrator is authorized and directed to investigate
periodically opportunities for mutually beneficial interregional
exchanges of electric power that reduce the need for additional
generation or generating capacity in the Pacific Northwest and the
regions with which such exchanges may occur. The Council shall take
into consideration in formulating a plan such investigations.
(3) After the Administrator submits a report to Congress pursuant to
paragraph (5) of this subsection, the Administrator is authorized to
acquire resources consistent with such investigations and consistent
with the plan or, if no plan is in effect, with the priorities of
section 839b(e)(1) of this title and the considerations of section
839b(e)(2) of this title. Such acquisitions shall be in accordance with
the provisions of this subsection.
(4) The Administrator shall conduct the investigations and the
acquisitions, if any, authorized under this subsection with the
assistance of other Federal agencies as may be appropriate.
(5) No later than July 1, 1981, the Administrator shall submit to the
Congress a report of the results of the investigations undertaken
pursuant to this subsection, together with the prospects for obtaining
additional resources under the authority granted by this subsection and
for reductions in generation or generating capacity through exchanges.
(m) Offering of reasonable shares to each Pacific Northwest electric
utility
Except as to resources under construction on December 5, 1980, the
Administrator shall determine in each case of a major resource
acquisition that a reasonable share of the particular resource, or a
reasonable equivalent, has been offered to each Pacific Northwest
electric utility for ownership, participation, or other sponsorship, but
not in excess of the amounts needed to meet such utility's Regional
load.
(Pub. L. 96-501, 6, Dec. 5, 1980, 94 Stat. 2717.)
The National Environmental Policy Act of 1969, referred to in subsec.
(c)(4)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 ( 4321 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
The Federal Columbia River Transmission System Act, referred to in
subsecs. (c)(4)(C), (d), (h)(6)(B), is Pub. L. 93-454, Oct. 18, 1974,
88 Stat. 1376, as amended, which is classified generally to chapter 12G
( 838 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 838 of this
title and Tables.
16 USC 839d-1. Federal projects in Pacific Northwest
TITLE 16 -- CONSERVATION
Without further appropriation and without fiscal year limitation, the
Secretaries of the Interior and Army are authorized to plan, design,
construct, operate and maintain generation additions, improvements and
replacements, at their respective Federal projects in the Pacific
Northwest Region as defined in the Pacific Northwest Electric Power
Planning and Conservation Act (Northwest Power Act), Public Law 96-501
(16 U.S.C. 839a(14)), and to operate and maintain the respective
Secretary's power facilities in the Region, that the respective
Secretary determines necessary or appropriate and that the Bonneville
Power Administrator subsequently determines necessary or appropriate,
with any funds that the Administrator determines to make available to
the respective Secretary for such purposes. Each Secretary is
authorized, without further appropriation, to accept and use such funds
for such purposes: Provided, That, such funds shall continue to be
exempt from sequestration pursuant to section 905(g)(1) of title 2:
Provided further, That this section shall not modify or affect the
applicability of any provision of the Northwest Power Act (16 U.S.C. 839
et seq.). This provision shall be effective on October 1, 1993.
(Pub. L. 102-486, title XXIV, 2406, Oct. 24, 1992, 106 Stat. 3099.)
The Pacific Northwest Electric Power Planning and Conservation Act,
referred to in text, is Pub. L. 96-501, Dec. 5, 1980, 94 Stat. 2697,
which is classified principally to this chapter ( 839 et seq.). For
complete classification of this Act to the Code, see Short Title note
set out under section 839 of this title and Tables.
Section was enacted as part of the Energy Policy Act of 1992, and not
as part of the Pacific Northwest Electric Power Planning and
Conservation Act which comprises this chapter.
16 USC 839e. Rates
TITLE 16 -- CONSERVATION
(a) Establishment; periodic review and revision; confirmation and
approval by Federal Energy Regulatory Commission
(1) The Administrator shall establish, and periodically review and
revise, rates for the sale and disposition of electric energy and
capacity and for the transmission of non-Federal power. Such rates
shall be established and, as appropriate, revised to recover, in
accordance with sound business principles, the costs associated with the
acquisition, conservation, and transmission of electric power, including
the amortization of the Federal investment in the Federal Columbia River
Power System (including irrigation costs required to be repaid out of
power revenues) over a reasonable period of years and the other costs
and expenses incurred by the Administrator pursuant to this chapter and
other provisions of law. Such rates shall be established in accordance
with sections 9 and 10 of the Federal Columbia River Transmission System
Act (16 U.S.C. 838) (16 U.S.C. 838g and 838h), section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and the provisions of this
chapter.
(2) Rates established under this section shall become effective only,
except in the case of interim rules as provided in subsection (i)(6) of
this section, upon confirmation and approval by the Federal Energy
Regulatory Commission upon a finding by the Commission, that such rates
--
(A) are sufficient to assure repayment of the Federal investment in
the Federal Columbia River Power System over a reasonable number of
years after first meeting the Administrator's other costs,
(B) are based upon the Administrator's total system costs, and
(C) insofar as transmission rates are concerned, equitably allocate
the costs of the Federal transmission system between Federal and
non-Federal power utilizing such system.
(b) General application of rates to meet general requirements
(1) The Administrator shall establish a rate or rates of general
application for electric power sold to meet the general requirements of
public body, cooperative, and Federal agency customers within the
Pacific Northwest, and loads of electric utilities under section 839c(c)
of this title. Such rate or rates shall recover the costs of that
portion of the Federal base system resources needed to supply such loads
until such sales exceed the Federal base system resources. Thereafter,
such rate or rates shall recover the cost of additional electric power
as needed to supply such loads, first from the electric power acquired
by the Administrator under section 839c(c) of this title and then from
other resources.
(2) After July 1, 1985, the projected amounts to be charged for firm
power for the combined general requirements of public body, cooperative
and Federal agency customers, exclusive of amounts charged such
customers under subsection (g) of this section for the costs of
conservation, resource and conservation credits, experimental resources
and uncontrollable events, may not exceed in total, as determined by the
Administrator, during any year after July 1, 1985, plus the ensuing four
years, an amount equal to the power costs for general requirements of
such customer if, the Administrator assumes that --
(A) the public body and cooperative customers' general requirements
had included during such five-year period the direct service industrial
customer loads which are --
(i) served by the Administrator, and
(ii) located within or adjacent to the geographic service boundaries
of such public bodies and cooperatives;
(B) public body, cooperative, and Federal agency customers were
served, during such five-year period, with Federal base system resources
not obligated to other entities under contracts existing as of December
5, 1980, (during the remaining term of such contracts) excluding
obligations to direct service industrial customer loads included in
subparagraph (A) of this paragraph;
(C) no purchases or sales by the Administrator as provided in section
839c(c) of this title were made during such five-year period;
(D) all resources that would have been required, during such
five-year period, to meet remaining general requirements of the public
body, cooperative and Federal agency customers (other than requirements
met by the available Federal base system resources determined under
subparagraph (B) of this paragraph) were --
(i) purchased from such customers by the Administrator pursuant to
section 839d of this title, or
(ii) not committed to load pursuant to section 839c(b) of this title,
and were the least expensive resources owned or purchased by public
bodies or cooperatives; and any additional needed resources were
obtained at the average cost of all other new resources acquired by the
Administrator; and
(E) the quantifiable monetary savings, during such five-year period,
to public body, cooperative and Federal agency customers resulting from
--
(i) reduced public body and cooperative financing costs as applied to
the total amount of resources, other than Federal base system resources,
identified under subparagraph (D) of this paragraph, and
(ii) reserve benefits as a result of the Administrator's actions
under this chapter /1/
were not achieved.
(3) Any amounts not charged to public body, cooperative, and Federal
agency customers by reason of paragraph (2) of this subsection shall be
recovered through supplemental rate charges for all other power sold by
the Administrator to all customers. Rates charged public body,
cooperative, or Federal agency customers pursuant to this subsection
shall not include any costs or benefits of a net revenue surplus or
deficiency occurring for the period ending June 30, 1985, to the extent
such surplus or deficiency is caused by --
(A) a difference between actual power deliveries and power deliveries
projected for the purpose of establishing rates to direct service
industrial customers under subsection (c)(1) of this subsection, and
(B) an overrecovery or underrecovery of the net costs incurred by the
Administrator under section 839c(c) of this title as a result of such
difference.
Any such revenue surplus or deficiency incurred shall be recovered
from, or repaid to, customers over a reasonable period of time after
July 1, 1985, through a supplemental rate charge or credit applied
proportionately for all other power sold by the Administrator at rates
established under other subsections of this section prior to July 1,
1985.
(4) The term ''general requirements'' as used in this section means
the public body, cooperative or Federal agency customer's electric power
purchased from the Administrator under section 839c(b) of this title,
exclusive of any new large single load.
(c) Rates applicable to direct service industrial customers
(1) The rate or rates applicable to direct service industrial
customers shall be established --
(A) for the period prior to July 1, 1985, at a level which the
Administrator estimates will be sufficient to recover the cost of
resources the Administrator determines are required to serve such
customers' load and the net costs incurred by the Administrator pursuant
to section 839c(c) of this title, based upon the Administrator's
projected ability to make power available to such customers pursuant to
their contracts, to the extent that such costs are not recovered through
rates applicable to other customers; and
(B) for the period beginning July 1, 1985, at a level which the
Administrator determines to be equitable in relation to the retail rates
charged by the public body and cooperative customers to their industrial
consumers in the region.
(2) The determination under paragraph (1)(B) of this subsection shall
be based upon the Administrator's applicable wholesale rates to such
public body and cooperative customers and the typical margins included
by such public body and cooperative customers in their retail industrial
rates but shall take into account --
(A) the comparative size and character of the loads served,
(B) the relative costs of electric capacity, energy, transmission,
and related delivery facilities provided and other service provisions,
and
(C) direct and indirect overhead costs.
all as related to the delivery of power to industrial customers,
except that the Administrator's rates during such period shall in no
event be less than the rates in effect for the contract year ending on
June 30, 1985.
(3) The Administrator shall adjust such rates to take into account
the value of power system reserves made available to the Administrator
through his rights to interrupt or curtail service to such direct
service industrial customers.
(d) Discount rates; special rates
(1) In order to avoid adverse impacts on retail rates of the
Administrator's customers with low system densities, the Administrator
shall, to the extent appropriate, apply discounts to the rate or rates
for such customers.
(2) In order to avoid adverse impacts of increased rates pursuant to
this chapter on any direct service industrial customer using raw
minerals indigenous to the region as its primary resource, the
Administrator, upon request of such customer showing such impacts and
after considering the effect of such request on his other obligations
under this chapter, is authorized, if the Administrator determines that
such impacts will be significant, to establish a special rate applicable
to such customer if all power sold to such customer may be interrupted,
curtailed, or withdrawn to meet firm loads in the region. Such rate
shall be established in accordance with this section and shall include
such terms and conditions as the Administrator deems appropriate.
(e) Uniform rates; rates for sale of peaking capacity; time-of-day,
seasonal, and other rates
Nothing in this chapter prohibits the Administrator from
establishing, in rate schedules of general application, a uniform rate
or rates for sale of peaking capacity or from establishing time-of-day,
seasonal rates, or other rate forms.
(f) Basis for rates
Rates for all other firm power sold by the Administrator for use in
the Pacific Northwest shall be based upon the cost of the portions of
Federal base system resources, purchases of power under section 839c(c)
of this title and additional resources which, in the determination of
the Administrator, are applicable to such sales.
(g) Allocation of costs and benefits
Except to the extent that the allocation of costs and benefits is
governed by provisions of law in effect on December 5, 1980, or by other
provisions of this section, the Administrator shall equitably allocate
to power rates, in accordance with generally accepted ratemaking
principles and the provisions of this chapter, all costs and benefits
not otherwise allocated under this section, including, but not limited
to, conservation, fish and wildlife measures, uncontrollable events,
reserves, the excess costs of experimental resources acquired under
section 839d of this title, the cost of credits granted pursuant to
section 839d of this title, operating services, and the sale of or
inability to sell excess electric power.
(h) Surcharges
Notwithstanding any other provision of this section (except the
provisions of subsection (a) of this section), the Administrator shall
adjust power rates to include any surcharges arising under section
839b(f) of this title, and shall allocate any revenues from such charges
in such manner as the Administrator determines will help achieve the
purposes of section 839b(f) of this title.
(i) Procedures
In establishing rates under this section, the Administrator shall use
the following procedures:
(1) Notice of the proposed rates shall be published in the Federal
Register with a statement of the justification and reasons supporting
such rates. Such notice shall include a date for a hearing in
accordance with paragraph (2) of this subsection.
(2) One or more hearings shall be conducted as expeditiously as
practicable by a hearing officer to develop a full and complete record
and to receive public comment in the form of written and oral
presentation of views, data questions, and argument related to such
proposed rates. In any such hearing --
(A) any person shall be provided an adequate opportunity by the
hearing officer to offer refutation or rebuttal of any material
submitted by any other person or the Administrator, and
(B) the hearing officer, in his discretion, shall allow a reasonable
opportunity for cross examination, which, as determined by the hearing
officer, is not dilatory, in order to development information and
material relevant to any such proposed rate.
(3) In addition to the opportunity to submit oral and written
material at the hearings, any written views, data, questions, and
arguments submitted by persons prior to, or before the close of,
hearings shall be made a part of the administrative record.
(4) After such a hearing, the Administrator may propose revised
rates, publish such proposed rates in the Federal Register, and conduct
additional hearings in accordance with this subsection.
(5) The Administrator shall make a final decision establishing a rate
or rates based on the record which shall include the hearing transcript,
together with exhibits, and such other materials and information as may
have been submitted to, or developed by, the Administrator. The
decision shall include a full and complete justification of the final
rates pursuant to this section.
(6) The final decision of the Administrator shall become effective on
confirmation and approval of such rates by the Federal Energy Regulatory
Commission pursuant to subsection (a)(2) of this section. The
Commission shall have the authority, in accordance with such procedures,
if any, as the Commission shall promptly establish and make effective
within one year after December 5, 1980, to approve the final rate
submitted by the Administrator on an interim basis, pending the
Commission's final decision in accordance with such subsection. Pending
the establishment of such procedures by the Commission, if such
procedures are required, the Secretary is authorized to approve such
interim rates during such one-year period in accordance with the
applicable procedures followed by the Secretary prior to December 5,
1980. Such interim rates, at the discretion of the Secretary, shall
continue in effect until July 1, 1982.
(j) Cost figures to be indicated on rate schedules and power billings
All rate schedules adopted, and all power billings rendered, by the
Administrator pursuant to this section shall indicate --
(1) the approximate cost contribution of different resource
categories to the Administrator's rates for the sale of energy and
capacity, and
(2) the cost of resources acquired to meet load growth within the
region and the relation of such cost to the average cost of resources
available to the Administrator.
(k) Statutory basis for procedures used in establishing rates or rate
schedules
Notwithstanding any other provision of this chapter, all rates or
rate schedules for the sale of nonfirm electric power within the United
States, but outside the region, shall be established after December 5,
1980, by the Administrator in accordance with the procedures of
subsection (i) of this section (other than the first sentence of
paragraph (6) thereof) and in accordance with the Bonneville Project Act
(16 U.S.C. 832 et seq.), the Flood Control Act of 1944, and the Federal
Columbia River Transmission System Act (16 U.S.C. 838 et seq.).
Notwithstanding section 201(f) of the Federal Power Act (16 U.S.C.
824(f)), such rates or rate schedules shall become effective after
review by the Federal Energy Regulatory Commission for conformance with
the requirements of such Acts and after approval thereof by the
Commission. Such review shall be based on the record of proceedings
established under subsection (i) of this section. The parties to such
proceedings under subsection (i) of this section shall be afforded an
opportunity by the Commission for an additional hearing in accordance
with the procedures established for ratemaking by the Commission
pursuant to the Federal Power Act (16 U.S.C. 791a et seq.).
(l) Rates for sales outside United States; negotiations
In order to further the purposes of this chapter and to protect the
consumers of the region, the Administrator may negotiate, or establish,
rates for electric power sold by the Administrator to any entity not
located in the United States which shall be equitable in relation to
rates for all electric power which is, or may be, purchased by the
Administrator or the Administrator's customers from entities outside the
United States. In establishing rates other than by negotiation, the
provisions of subsection (i) of this section shall apply. In the case
of any negotiation with an entity not located in the United States, the
Administrator shall provide public notice of any proposal to negotiate
such rates. Such negotiated rates shall be not less than the rates
established under this chapter for nonfirm power sold within the United
States but outside the region. The Administrator shall also afford
notice of any rates negotiated pursuant to this subsection.
(m) Impact aid payments; formula
(1) Beginning the first fiscal year after the plan and program
required by section 839b(d) and (h) of this title are finally adopted,
the Administrator may, subject to the provisions of this section, make
annual impact aid payments to the appropriate local governments within
the region with respect to major transmission facilities of the
Administrator, as defined in section 3(c) of the Federal Columbia River
Transmission Act (16 U.S.C. 838a(c)) --
(A) which are located within the jurisdictional boundaries of such
governments,
(B) which are determined by the Administrator to have a substantial
impact on such governments, and
(C) where the construction of such facilities, or any modification
thereof, is completed after December 5, 1980, and, in the case of a
modification of an existing facility, such modification substantially
increases the capacity of such existing transmission facility.
(2) Payments made under this subsection for any fiscal year shall be
determined by the Administrator pursuant to a regionwide, uniform
formula to be established by rule in accordance with the procedures set
forth in subsection (i) of this section. Such rule shall become
effective on its approval, after considering its effect on rates
established pursuant to this section, by the Federal Energy Regulatory
Commission. In developing such formula, the Administrator shall
identify, and take into account, the local governmental services
provided to the Administrator concerning such facilities and the
associated costs to such governments as the result of such facilities.
(3) Payments made pursuant to this subsection shall be made solely
from the fund established by section 11 of the Federal Columbia River
Transmission System Act (16 U.S.C. 838i). The provisions of section 13
of such Act (16 U.S.C. 838k), and any appropriations provided to the
Administrator under any law, shall not be available for such payments.
The authorization of payments under this subsection shall not be
construed as an obligation of the United States.
(4) No payment may be made under this subsection with respect to any
land or interests in land owned by the United States within the region
and administered by any Federal agency (other than the Administrator),
without regard to how the United States obtained ownership thereof,
including lands or interests therein acquired or withdrawn by a Federal
agency for purposes of such agency and subsequently made available to
the Administrator for such facilities.
(Pub. L. 96-501, 7, Dec. 5, 1980, 94 Stat. 2723.)
The Bonneville Project Act, referred to in subsec. (k), is act Aug.
20, 1937, ch. 720, 50 Stat. 731, as amended, popularly known as the
Bonneville Project Act of 1937, which is classified generally to chapter
12B ( 832 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 832 of this
title and Tables.
The Flood Control Act of 1944, referred to in subsec. (k), is act
Dec. 22, 1944, ch. 665, 58 Stat. 887, as amended, which enacted
sections 460d and 825s of this title, sections 701-1, 701a-1, 708, and
709 of Title 33, Navigation and Navigable Waters, and section 390 of
Title 43, Public Lands, and enacted provisions set out as notes under
sections 701c, 701f, and 701j of Title 33. For complete classification
of this Act to the Code, see Tables. For provisions of the Act relating
to sale of electric power, see section 825s of this title.
The Federal Columbia River Transmission System Act, referred to in
subsec. (k), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat. 1376, as
amended, which is classified generally to chapter 12G ( 838 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 838 of this title and Tables.
The Federal Power Act, referred to in subsec. (k), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 ( 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
/1/ So in original. Probably should be followed by a comma.
16 USC 839f. Administrative provisions
TITLE 16 -- CONSERVATION
(a) Contract authority
Subject to the provisions of this chapter, the Administrator is
authorized to contract in accordance with section 2(f) of the Bonneville
Project Act of 1937 (16 U.S.C. 832a(f)). Other provisions of law
applicable to such contracts on December 5, 1980, shall continue to be
applicable.
(b) Executive and administrative functions of Administrator of
Bonneville Power Administration; sound and businesslike implementation
of chapter
The Administrator shall discharge the executive and administrative
functions of his office in accordance with the policy established by the
Bonneville Project Act of 1937 (16 U.S.C. 832 and following), section
7152(a)(2) and (3) of title 42, and this chapter. The Secretary of
Energy, the Council, and the Administrator shall take such steps as are
necessary to assure the timely implementation of this chapter in a sound
and businesslike manner. Nothing in this chapter shall be construed by
the Secretary, the Administrator, or any other official of the
Department of Energy to modify, alter, or otherwise affect the
requirements and directives expressed by the Congress in section
7152(a)(2) and (3) of title 42 or the operations of such officials as
they existed prior to December 5, 1980.
(c) Limitations and conditions on contracts for sale or exchange of
electric power for use outside Pacific Northwest
Any contract of the Administrator for the sale or exchange of
electric power for use outside the Pacific Northwest shall be subject to
limitations and conditions corresponding to those provided in sections 2
and 3 of the Act of August 31, 1964 (16 U.S.C. 837a and 837b) for any
contract for the sale, delivery, or exchange of hydroelectric energy or
peaking capacity generated within the Pacific Northwest for use outside
the Pacific Northwest. In applying such sections for the purposes of
this subsection, the term ''surplus energy'' shall mean electric energy
for which there is no market in the Pacific Northwest at any rate
established for the disposition of such energy, and the term ''surplus
peaking capacity'' shall mean electric peaking capacity for which there
is no demand in the Pacific Northwest at the rate established for the
disposition of such capacity. The authority granted, and duties imposed
upon, the Secretary by sections 5 and 7 of such Act (16 U.S.C. 837e and
837f) (16 U.S.C. 837d and 837f) shall also apply to the Administrator in
connection with resources acquired by the Administrator pursuant to this
chapter. The Administrator shall, in making any determination, under
any contract executed pursuant to section 839c of this title, of the
electric power requirements of any Pacific Northwest customer, which is
a non-Federal entity having its own generation, exclude, in addition to
hydroelectric generated energy excluded from such requirements pursuant
to section 3(d) of such Act (16 U.S.C. 837b(d)), any amount of energy
included in the resources of such customer for service to firm loads in
the region if (1) such amount was disposed of by such customer outside
the region, and (2) as a result of such disposition, the firm energy
requirements of such customer or other customers of the Administrator
are increased. Such amount of energy shall not be excluded, if the
Administrator determines that through reasonable measures such amount of
energy could not be conserved or otherwise retained for service to
regional loads. The Administrator may sell as replacement for any
amount of energy so excluded only energy that would otherwise be
surplus.
(d) Disposition of power which does not increase amount of firm power
Administrator is obligated to provide to any customer
No restrictions contained in subsection (c) of this section shall
limit or interfere with the sale, exchange or other disposition of any
power by any utility or group thereof from any existing or new
non-Federal resource if such sale, exchange or disposition does not
increase the amount of firm power the Administrator would be obligated
to provide to any customer. In addition to the directives contained in
subsections (i)(1)(B) and (i)(3) of this section and subject to:
(1) any contractual obligations of the Administrator,
(2) any other obligations under existing law, and
(3) the availability of capacity in the Federal transmission system,
the Administrator shall provide transmission access, load factoring,
storage and other services normally attendant thereto to such utilities
and shall not discriminate against any utility or group thereof on the
basis of independent development of such resource in providing such
services.
(e) Judicial review; suits
(1) For purposes of sections 701 through 706 of title 5, the
following actions shall be final actions subject to judicial review --
(A) adoption of the plan or amendments thereto by the Council under
section 839b of this title, adoption of the program by the Council, and
any determination by the Council under section 839b(h) of this title;
(B) sales, exchanges, and purchases of electric power under section
839c of this title;
(C) the Administrator's acquisition of resources under section 839d
of this title;
(D) implementation of conservation measures under section 839d of
this title;
(E) execution of contracts for assistance to sponsors under section
839d(f) of this title;
(F) granting of credits under section 839d(h) of this title;
(G) final rate determinations under section 839e of this title; and
(H) any rule prescribed by the Administrator under section 839e(m)(2)
of this title.
(2) The record upon review of such final actions shall be limited to
the administrative record compiled in accordance with this chapter. The
scope of review of such actions without a hearing or after a hearing
shall be governed by section 706 of title 5, except that final
determinations regarding rates under section 839e of this title shall be
supported by substantial evidence in the rulemaking record required by
section 839e(i) of this title considered as a whole. The scope of
review of an action under section 839d(c) of this title shall be
governed by section 706 of title 5. Nothing in this section shall be
construed to require a hearing pursuant to section 554, 556, or 557 of
title 5.
(3) Nothing in this section shall be construed to preclude judicial
review of other final actions and decisions by the Council or
Administrator.
(4) For purposes of this subsection --
(A) major resources shall be deemed to be acquired upon publication
in the Federal Register pursuant to section 839d(c)(4)(B) of this title;
(B) resources, other than major resources, shall be deemed to be
acquired upon execution of the contract therefor;
(C) conservation measures shall be deemed to be implemented upon
execution of the contract or grant therefor; and
(D) rate determinations pursuant to section 839e of this title shall
be deemed final upon confirmation and approval by the Federal Energy
Regulatory Commission.
(5) Suits to challenge the constitutionality of this chapter, or any
action thereunder, final actions and decisions taken pursuant to this
chapter by the Administrator or the Council, or the implementation of
such final actions, whether brought pursuant to this chapter, the
Bonneville Project Act (16 U.S.C. 832 et seq.), the Act of August 31,
1964 (16 U.S.C. 837-837h), or the Federal Columbia River Transmission
System Act (16 U.S.C. 838 and following), shall be filed in the United
States court of appeals for the region. Such suits shall be filed
within ninety days of the time such action or decision is deemed final,
or, if notice of the action is required by this chapter to be published
in the Federal Register, within ninety days from such notice, or be
barred. In the case of a challenge of the plan or programs or
amendments thereto, such suit shall be filed within sixty days after
publication of a notice of such final action in the Federal Register.
Such court shall have jurisdiction to hear and determine any suit
brought as provided in this section. The plan and program, as finally
adopted or portions thereof, or amendments thereto, shall not thereafter
be reviewable as a part of any other action under this chapter or any
other law. Suits challenging any other actions under this chapter shall
be filed in the appropriate court.
(f) Tax treatment of interest on governmental obligations
For purposes of enabling the Administrator to acquire resources
necessary to meet the firm load of public bodies, cooperatives, and
Federal agencies from a governmental unit at a cost no greater than the
cost which would be applicable in the absence of such acquisition, the
exemption from gross income of interest on certain governmental
obligations provided in section 103(a)(1) /1/ title 26 shall not be
affected by the Administrator's acquisition of such resources if --
(1) the Administrator, prior to contracting for such acquisition,
certifies to his reasonable belief, that the persons for whom the
Administrator is acquiring such resources for sale pursuant to section
839c of this title are public bodies, cooperatives, and Federal
agencies, unless the Administrator also certifies that he is unable to
acquire such resources without selling a portion thereof to persons who
are not exempt persons (as defined in section 103(b) /1/ of title 26),
and
(2) based upon such certification, the Secretary of the Treasury
determines in accordance with applicable regulations that less than a
major portion of the resource is to be furnished to persons who are not
exempt persons (as defined in section 103(b) /1/ of title 26).
The certification under paragraph (1) shall be made in accordance
with this subsection and a procedure and methodology approved by the
Secretary of the Treasury. For purposes of this subsection, the term
''major portion'' shall have the meaning provided by regulations issued
by the Secretary of the Treasury.
(g) Review of rates for sale of power to Administrator by
investor-owned utility customers
When reviewing rates for the sale of power to the Administrator by an
investor-owned utility customer under section 839c(c) or 839d of this
title, the Federal Energy Regulatory Commission shall, in accordance
with section 824h of this title --
(1) convene a joint State board, and
(2) invest such board with such duties and authority as will assist
the Commission in its review of such rates.
(h) Companies which own or operate facilities for the generation of
electricity primarily for sale to Administrator
(1) No ''company'' (as defined in section 79b(a)(2) of title 15),
which owns or operates facilities for the generation of electricity
(together with associated transmission and other facilities) primarily
for sale to the Administrator under section 839d of this title shall be
deemed an ''electric utility company'' (as defined in section 79b(a)(3)
of title 15), within the meaning of any provision or provisions of
chapter 2C of title 15, if at least 90 per centum of the electricity
generated by such company is sold to the Administrator under section
839d of this title, and if --
(A) the organization of such company is consistent with the policies
of section 79a(b) and (c) of title 15, as determined by the Securities
and Exchange Commission, with the concurrence of the Administrator, at
the time of such organization; and
(B) participation in any facilities of such ''company'' has been
offered to public bodies and cooperatives in the region pursuant to
section 839d(m) of this title.
(2) The Administrator shall include in any contract for the
acquisition of a major resource from such ''company'' provisions
limiting the amount of equity investment, if any, in such ''company'' to
that which the Administrator determines will be consistent with
achieving the lowest attainable power costs attributable to such major
resource.
(3) In the case of any ''company'' which meets the requirements of
paragraph (1), the Administrator, with the concurrence of such
Commission, shall approve all significant contracts entered into by, and
between, such ''company'' and any sponsor company or any subsidiary of
such sponsor company which are determined to be consistent with the
policies of section 79a(b) and (c) of title 15 at the time such
contracts are entered into. The Administrator and the Securities and
Exchange Commission shall exercise such approval authority within sixty
days after receipt of such contracts. Such contracts shall not be
effective without such approval.
(4) Paragraph (1) of this subsection shall continue to apply to any
such ''company'' unless the Administrator or the Securities and Exchange
Commission, or both, through periodic review, (A) determine at any time
that the ''company'' no longer operates in a manner consistent with the
policies of section 79a(b) and (c) of title 15 and in accordance with
this subsection, and (B) notify the ''company'' in writing of such
preliminary determination. This subsection shall cease to apply to such
''company'' thirty days after receipt of notification of a final
determination thereof. A final determination shall be made only after
public notice of the preliminary determination and after a hearing
completed not later than sixty days from the date of publication of such
notice. Such final determination shall be made within thirty days after
the date of completion of such hearing.
(i) Electric power acquisition or disposition
(1) At the request and expense of any customer or group of customers
of the Administrator within the Pacific Northwest, the Administrator
shall, to the extent practicable --
(A) acquire any electric power required by (i) any customer or group
of customers to enable them to replace resources determined to serve
firm load under section 839c(b) of this title, or (ii) direct service
industrial customers to replace electric power that is or may be
curtailed or interrupted by the Administrator (other than power the
Administrator is obligated to replace), with the cost of such
replacement power to be distributed among the direct service industrial
customers requesting such power; and
(B) dispose of, or assist in the disposal of, any electric power that
a customer or group of customers proposes to sell within or without the
region at rates and upon terms specified by such customer or group of
customers, if such disposition is not in conflict with the
Administrator's other marketing obligations and the policies of this
chapter and other applicable laws.
(2) In implementing the provisions of subparagraphs (A) and (B) of
paragraph (1), the Administrator may prescribe policies and conditions
for the independent acquisition or disposition of electric power by any
direct service industrial customer or group of such customers for the
purpose of assuring each direct service industrial customer an
opportunity to participate in such acquisition or disposition.
(3) The Administrator shall furnish services including transmission,
storage, and load factoring unless he determines such services cannot be
furnished without substantial interference with his power marketing
program, applicable operating limitations or existing contractual
obligations. The Administrator shall, to the extent practicable, give
priority in making such services available for the marketing, within and
without the Pacific Northwest, of capability from projects under
construction on December 5, 1980, if such capability has been offered
for sale at cost, including a reasonable rate of return, to the
Administrator pursuant to this chapter and such offer is not accepted
within one year.
(j) Retail rate designs which encourage conservation and efficient
use of electric energy, installation of consumer-owned renewable
resources, and rate research and development
(1) The Council, as soon as practicable after December 5, 1980 shall
prepare, in consultation with the Administrator, the customers,
appropriate State regulatory bodies, and the public, a report and shall
make recommendations with respect to the various retail rate designs
which will encourage conservation and efficient use of electric energy
and the installation of consumer-owned renewable resources on a
cost-effective basis, as well as areas for research and development for
possible application to retail utility rates within the region. Studies
undertaken pursuant to this subsection shall not affect the
responsibilities of any customer or the Administrator which may exist
under the Public Utility Regulatory Policies Act of 1978.
(2) Upon request, and solely on behalf of customers so requesting,
the Administrator is authorized to (A) provide assistance in analyzing
and developing retail rate structures that will encourage cost-effective
conservation and the installation of cost-effective consumer-owned
renewable resources; (B) provide estimates of the probable power
savings and the probable amount of billing credits under section 839d(h)
of this title that might be realized by such customers as a result of
adopting and implementing such retail rate structures; and (C) solicit
additional information and analytical assistance from appropriate State
regulatory bodies and the Administrator's other customers.
(k) Executive position for conservation and renewable resources
There is hereby established within the administration an executive
position for conservation and renewable resources. Such executive shall
be appointed by the Administrator and shall be assigned responsibility
for conservation and direct-application renewable resource programs
(including the administration of financial assistance for such
programs). Such position is hereby established in the senior executive
service in addition to the number of such positions heretofore
established in accordance with other provisions of law applicable to
such positions.
(Pub. L. 96-501, 9, Dec. 5, 1980, 94 Stat. 2729; Pub. L. 99-514,
2, Oct. 22, 1986, 100 Stat. 2095.)
The Bonneville Project Act of 1937, referred to in subsecs. (b) and
(e)(5), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended,
which is classified generally to chapter 12B ( 832 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title set out under section 832 of this title and Tables.
Act of August 31, 1964, referred to in subsec. (e)(5), is Pub. L.
88-552, Aug. 31, 1964, 78 Stat. 756, as amended, which is classified
generally to chapter 12F ( 837 et seq.) of this title. For complete
classification of this Act to the Code, see Tables.
The Federal Columbia River Transmission System Act, referred to in
subsec. (e)(5), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat. 1376, as
amended, which is classified generally to chapter 12G ( 838 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 838 of this title and Tables.
Section 103 of title 26, referred to in subsec. (f), which related
to interest on certain governmental obligations was amended generally by
Pub. L. 99-514, title XIII, 1301(a), Oct. 22, 1986, 100 Stat. 2602,
and as so amended relates to interest on State and local bonds. Section
103(b)(3), which prior to the general amendment defined exempt persons,
relates to the applicability of the interest exclusion to bonds not in
registered form, etc.
Chapter 2C ( 79 et seq.) of title 15, referred to in subsec. (h)(1),
contains the Public Utility Holding Company Act of 1935, act Aug. 26,
1935, ch. 687, title I, 49 Stat. 803, as amended. For complete
classification of this Act to the Code, see section 79 of Title 15,
Commerce and Trade, and Tables.
The Public Utility Regulatory Policies Act of 1978, referred to in
subsec. (j)(1), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as
amended. For complete classification of this Act to Code, see Short
Title note set out under section 2601 of this title and Tables.
1986 -- Subsec. (f). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954'', which for purposes
of codification was translated as ''title 26'' thus requiring no change
in text.
/1/ See References in Text note below.
16 USC 839g. Savings provisions
TITLE 16 -- CONSERVATION
(a) Rights of States and political subdivisions of States
Nothing in this chapter shall be construed to affect or modify any
right of any State or political subdivision thereof or electric utility
to --
(1) determine retail electric rates, except as provided by section
839c(c)(3) of this title;
(2) develop and implement plans and programs for the conservation,
development, and use of resources; or
(3) make energy facility siting decisions, including, but not limited
to, determining the need for a particular facility, evaluating
alternative sites, and considering alternative methods of meeting the
determined need.
(b) Rights and obligations under existing contracts
Nothing in this chapter shall alter, diminish, or abridge the rights
and obligations of the Administrator or any customer under any contract
existing as of December 5, 1980.
(c) Statutory preferences and priorities of public bodies and
cooperatives in sale of federally generated power
Nothing in this chapter shall alter, diminish, abridge, or otherwise
affect the provisions of other Federal laws by which public bodies and
cooperatives are entitled to preference and priority in the sale of
federally generated electric power.
(d) Contractual rights under provisions later found to be
unconstitutional
If any provision of this chapter is found to be unconstitutional,
then any contract entered into by the Administrator, prior to such
finding and in accordance with such provisions, to sell power, acquire
or credit resources, or to reimburse investigation and preconstruction
expenses pursuant to section 839c of this title, and section 839d(a),
(f) or (h) of this title shall not be affected by such finding.
(e) Treaty and other rights of Indian tribes
Nothing in this chapter shall be construed to affect or modify any
treaty or other right of an Indian tribe.
(f) Reservation of electric power for Montana; Hungry Horse and
Libby Dams and Reservoirs
The reservation under law of electric power primarily for use in the
State of Montana by reason of the construction of Hungry Horse and Libby
Dams and Reservoirs within that State is hereby affirmed. Such
reservation shall also apply to 50 per centum of any electric power
produced at Libby Reregulating Dam if built. Electric power so reserved
shall be sold at the rate or rates set pursuant to section 839e of this
title.
(g) Rights of States to prohibit recovery of resource construction
costs through retail rates
Nothing in this chapter shall be construed to affect or modify the
right of any State to prohibit utilities regulated by the appropriate
State regulatory body from recovering, through their retail rates, costs
during any period of resource construction.
(h) Water appropriations
Nothing in this chapter shall be construed as authorizing the
appropriation of water by any Federal, State, or local agency, Indian
tribe, or any other entity or individual. Nor shall any provision of
this chapter of any plan or program adopted pursuant to the chapter (1)
affect the rights or jurisdictions of the United States, the States,
Indian tribes, or other entities over waters of any river or stream or
over any groundwater resource, (2) alter, amend, repeal, interpret,
modify, or be in conflict with any interstate compact made by the
States, or (3) otherwise be construed to alter or establish the
respective rights of States, the United States, Indian tribes, or any
person with respect to any water or water-related right.
(i) Existing Federal licenses, permits, and certificates
Nothing in this chapter shall be construed to affect the validity of
any existing license, permit, or certificate issued by any Federal
agency pursuant to any other Federal law.
(Pub. L. 96-501, 10, Dec. 5, 1980, 94 Stat. 2734.)
16 USC 839h. Separability
TITLE 16 -- CONSERVATION
If any provision of section 839b(a) through (c) of this title or any
other provision of this chapter or the application thereof to any
person, State, Indian tribe, entity, or circumstance is held invalid,
neither the remainder of section 839b of this title or any other
provisions of this chapter, nor the application of such provisions to
other persons, States, Indian tribes, entities, or circumstances, shall
be affected thereby.
(Pub. L. 96-501, 12, Dec. 5, 1980, 94 Stat. 2736.)
16 USC CHAPTER 13 -- REGULATION OF TRANSPORTATION IN INTERSTATE OR
FOREIGN COMMERCE OF BLACK BASS AND OTHER FISH
TITLE 16 -- CONSERVATION
16 USC 851 to 856. Repealed. Pub. L. 97-79, 9(b)(1), Nov. 16, 1981,
95 Stat. 1079
TITLE 16 -- CONSERVATION
Section 851, acts May 20, 1926 ch 346, 1, 44 Stat. 576; July 2,
1930, ch. 801, 46 Stat. 845; July 30, 1947, ch. 348, 61 Stat. 517;
July 16, 1952, ch. 911, 1, 66 Stat. 736; Dec. 5, 1969, Pub. L.
91-135, 9(d), 83 Stat. 282, defined the terms ''person'' and
''State''. See section 3371 of this title.
Section 852, acts May 20, 1926, ch. 346, 2, 44 Stat. 576; July 2,
1930, ch. 801, 46 Stat. 845; July 30, 1947, ch. 348, 61 Stat. 517;
July 16, 1952, ch. 911, 2, 66 Stat. 736; Dec. 5, 1969, Pub. L.
91-135, 9(a), 83 Stat. 281, made illegal the transportation of
illegally taken black bass or other fish. See section 3372 of this
title.
Section 852a, act May 20, 1926, ch. 346, 3, as added July 2, 1930,
ch. 801, 46 Stat. 846; amended July 30, 1947, ch. 348, 61 Stat.
517; July 16, 1952, ch. 911, 2, 66 Stat. 736; Dec. 5, 1969, Pub.
L. 91-135, 9(b), 83 Stat. 282, provided for the markings on the
outside of packages and containers used in the transportation of fish.
See section 3376(a) of this title.
Section 852b, act May 20, 1926, ch. 346, 4, as added July 2, 1930,
ch. 801, 46 Stat. 846; amended July 30, 1947, ch. 348, 61 Stat.
517; July 16, 1952, ch. 911, 2, 66 Stat. 736, related to the
application of State laws with regard to fish arriving in the State.
See section 3378(a) of this title.
Section 852c, act May 20, 1926, ch. 346, 5, as added July 2, 1930,
ch. 801, 46 Stat. 846; amended 1939 Reorg. Plan No. II, 4(e), eff.
July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61
Stat. 517; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, authorized the making of expenditures by the
Secretary in carrying out the responsibilities under this chapter. See
section 3378(d) and (e) of this title.
Section 852d, act May 20, 1926, ch. 346, 6, as added July 2, 1930,
ch. 801, 46 Stat. 846; amended 1939 Reorg. Plan No. II, 4(e), eff.
July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61
Stat 517; Oct. 17, 1968, Pub. L. 90-578, title IV, 402(b)(2), 82
Stat. 1118; Dec. 5, 1969, Pub. L. 91-135, 9(c), 83 Stat. 282; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,
related to the power of arrest without warrant, utilization of Federal
agencies, searches and seizures, and forfeitures. See sections 3374 and
3375 of this title.
Section 853, act May 20, 1926, ch. 346, 7, as added July 2, 1930,
ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat.
517, set out the penalties for the violation of the provisions of this
chapter. See section 3373 of this title.
Section 854, act May 20, 1926, ch. 346, 8, as added July 2, 1930,
ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat.
517; July 16, 1952, ch. 911, 2, 66 Stat. 736, related to the effect
of this chapter on the power of States. See section 3378(a) of this
title.
Section 855, act May 20, 1926, ch. 346, 9, as added July 2, 1930,
ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat.
517; Aug. 25, 1959, Pub. L. 86-207, 73 Stat. 430, related to the
effect of this chapter on breeding and stocking. See section 3377(c) of
this title.
Section 856, act May 20, 1926, ch. 346, 10, as added July 30, 1947,
ch. 348, 61 Stat. 517; amended July 16, 1952, ch. 911, 2, 66 Stat.
736, directed that this chapter not apply to steelhead trout (salmo
gairderii) legally taken in the Columbia River between the States of
Washington and Oregon.
16 USC CHAPTER 14 -- REGULATION OF WHALING
TITLE 16 -- CONSERVATION
Sec.
901 to 915. Repealed.
916. Definitions.
916a. United States Commissioner.
(a) Appointment.
(b) Deputy Commissioner.
(c) Compensation.
916b. Acceptance or rejection by United States Government of
regulations, etc.; acceptance of reports, recommendations, etc., of
Commission.
916c. Unlawful acts.
(a) Whaling, transporting, or selling violations; records; reports.
(b) Acts of commission or omission.
916d. Licenses.
(a) Issuance.
(b) Licenses and fees required.
(c) Disposition of fees.
(d) Application; conditions precedent.
(e) Additional conditions.
916e. Failure to keep returns, records, reports.
916f. Violations; fines and penalties.
916g. Enforcement.
(a) Enforcement officers; arrests; search and seizure of vessels;
disposal of property.
(b) Stay of execution upon posting of bond; bond requirements.
916h. Cooperation between Federal and State and private agencies and
organizations in scientific and other programs.
(a) Agency cooperation.
(b) Authorization for Federal agency cooperation.
916i. Taking of whales for biological experiments.
916j. Allocation of responsibility for administration and
enforcement.
(a) Administration and general enforcement.
(b) Enforcement relating to whaling vessels.
(c) Enforcement by officers and employees of coastal States.
916k. Regulations; submission; publication; effectiveness.
916l. Authorization of appropriations.
16 USC SUBCHAPTER I -- WHALING TREATY ACT
TITLE 16 -- CONSERVATION
16 USC 901 to 915. Repealed. Aug. 9, 1950, ch. 653, 16, 64 Stat.
425
TITLE 16 -- CONSERVATION
Sections, act May 1, 1936, ch. 251, 1-15, 49 Stat. 1246-1249,
related to hunting of whales. See sections 916 to 916l of this title.
16 USC SUBCHAPTER II -- WHALING CONVENTION ACT
TITLE 16 -- CONSERVATION
16 USC 916. Definitions
TITLE 16 -- CONSERVATION
When used in this subchapter --
(a) Convention: The word ''convention'' means the International
Convention for the Regulation of Whaling signed at Washington under date
of December 2, 1946, by the United States of America and certain other
governments.
(b) Commission: The word ''Commission'' means the International
Whaling Commission established by article III of the convention.
(c) United States Commissioner: The words ''United States
Commissioner'' mean the member of the International Whaling Commission
representing the United States of America appointed pursuant to article
III of the convention and section 916a of this title.
(d) Person: The word ''person'' denotes every individual,
partnership, corporation, and association subject to the jurisdiction of
the United States.
(e) Vessel: The word ''vessel'' denotes every kind, type, or
description of water craft or contrivance subject to the jurisdiction of
the United States used, or capable of being used, as a means of
transportation.
(f) Factory ship: The words ''factory ship'' mean a vessel in which
or on which whales are treated or processed, whether wholly or in part.
(g) Land station: The words ''land station'' mean a factory on the
land at which whales are treated or processed, whether wholly or in
part.
(h) Whale catcher: The words ''whale catcher'' mean a vessel used
for the purpose of hunting, killing, taking, towing, holding onto, or
scouting for whales.
(i) Whale products: The words ''whale products'' mean any
unprocessed part of a whale and blubber, meat, bones, whale oil, sperm
oil, spermaceti, meal, and baleen.
(j) Whaling: The word ''whaling'' means the scouting for, hunting,
killing, taking, towing, holding onto, and flensing of whales, and the
possession, treatment, or processing of whales or of whale products.
(k) Regulations of the Commission: The words ''regulations of the
Commission'' mean the whaling regulations in the schedule annexed to and
constituting a part of the convention in their original form or as
modified, revised, or amended by the Commission from time to time, in
pursuance of article V of the convention.
(l) Regulations of the Secretary of Commerce: The words
''regulations of the Secretary of Commerce'' mean such regulations as
may be issued by the Secretary of Commerce, from time to time, in
accordance with sections 916i and 916j of this title.
(Aug. 9, 1950, ch. 653, 2, 64 Stat. 421; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Section 1 of act Aug. 9, 1950, provided: ''That this Act (enacting
this subchapter) may be cited as the 'Whaling Convention Act of 1949'.''
Section 15 of act Aug. 9, 1950, provided that: ''If any provision
of this Act (this subchapter) or the application of such provisions to
any circumstances or persons shall be held invalid, the validity of the
remainder of the Act and the applicability of such provision to other
circumstances or persons shall not be affected thereby.''
In subsec. (l), ''Secretary of Commerce'' substituted for
''Secretary of the Interior'' in view of: creation of National Oceanic
and Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of Commercial
Fisheries in Department of the Interior and Office of Director of such
Bureau; transfers of functions, including functions formerly vested by
law in Secretary of the Interior or Department of the Interior which
were administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated
functions with respect to Great Lakes fishery research, Missouri River
Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations; and transfer of marine sport fish program of
Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
Pub. L. 99-630, Nov. 7, 1986, 100 Stat. 3514, provided: ''That the
President shall, in concert with the International Whaling Commission,
seek a treaty or other appropriate international agreement establishing
a wildlife sanctuary for humpback whales in the West Indies, in the area
encompassing the Turks Islands, Mouchoir Passage, Silver Bank Passage,
Navidad Bank, and such additional areas in the West Indies as may be
necessary to ensure the protection of the breeding grounds of the
humpback whales.''
Pub. L. 96-60, title IV, 405, Aug. 15, 1979, 93 Stat. 403,
provided that:
''(a) The Congress finds and declares that --
''(1) whales are a unique marine resource of great esthetic and
scientific interest to mankind and are a vital part of the marine
ecosystem;
''(2) the protection and conservation of whales are of particular
interest to citizens of the United States;
''(3) in 1971 the Congress adopted resolutions requesting the
Secretary of State to negotiate a ten-year moratorium on the commercial
killing of whales;
''(4) the United States, which effectively banned all commercial
whaling by United States nationals in December 1971, has sought an
international moratorium on the commercial killing of whales since 1972;
''(5) the United Nations Conference on the Human Environment adopted
a resolution in 1972 calling for a ten-year moratorium on commercial
whaling;
''(6) the United Nations Governing Council for Environment Programs
in 1973 and 1974 confirmed such call for a ten-year moratorium, and the
Council continues to support ongoing efforts relating to whale
conservation;
''(7) the International Convention for the Regulation of Whaling,
signed in 1946, as implemented by the International Whaling Commission,
is not providing adequate protection to whales;
''(8) the data-gathering structure established under the
International Whaling Commission has not provided all the available data
necessary for sound whale conservation;
''(9) there is strong evidence that the members of the International
Whaling Commission continue to import, in some instances in increasing
amounts, whale products from countries not members of the Commission;
and
''(10) defects in the implementation of the International Convention
for the Regulation of Whaling by the International Whaling Commission
allow harvests of the declining whale species.
''(b) The Congress urges --
''(1) the International Whaling Commission to agree to a moratorium
on the commercial killing of whales; and
''(2) Brazil, Denmark, Iceland, Japan, Norway, the Soviet Union, and
the Republic of Korea, as parties to the International Convention for
the Regulation of Whaling and which still engage in commercial whaling,
and Chile, the People's Republic of China, Peru, Portugal, the
Democratic Republic of Korea, Spain, and Taiwan, as countries which are
not parties to the Convention and which still engage in commercial
whaling, to recognize and comply voluntarily with a moratorium on the
commercial killing of whales, as endorsed by the United Nations
Conference on the Human Environment and the United Nations Governing
Council for Environment Programs.''
16 USC 916a. United States Commissioner
TITLE 16 -- CONSERVATION
(a) Appointment
The United States Commissioner shall be appointed by the President,
on the concurrent recommendations of the Secretary of State and the
Secretary of Commerce, and shall serve at the pleasure of the President.
(b) Deputy Commissioner
The President may appoint a Deputy United States Commissioner, on the
concurrent recommendations of the Secretary of State and the Secretary
of Commerce. The Deputy United States Commissioner shall serve at the
pleasure of the President and shall be the principal technical adviser
to the United States Commissioner, and shall be empowered to perform the
duties of the Commissioner in case of the death, resignation, absence,
or illness of the Commissioner.
(c) Compensation
The United States Commissioner and Deputy Commissioner, although
officers of the United States Government, shall receive no compensation
for their services.
(Aug. 9, 1950, ch. 653, 3, 64 Stat. 421; 1970 Reorg. Plan. No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
Secretary of State authorized to designate Alternate United States
Commissioners, see sections 2672a and 2672b of Title 22, Foreign
Relations and Intercourse.
16 USC 916b. Acceptance or rejection by United States Government of
regulations, etc.; acceptance of reports, recommendations, etc., of
Commission
TITLE 16 -- CONSERVATION
The Secretary of State is authorized, with the concurrence of the
Secretary of Commerce, to present or withdraw any objections on behalf
of the United States Government to such regulations or amendments of the
schedule to the convention as are adopted by the Commission and
submitted to the United States Government in accordance with article V
of the convention. The Secretary of State is further authorized to
receive on behalf of the United States Government reports, requests,
recommendations, and other communications of the Commission, and to act
thereon either directly or by reference to the appropriate authority.
(Aug. 9, 1950, ch. 653, 4, 64 Stat. 422; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916c. Unlawful acts
TITLE 16 -- CONSERVATION
(a) Whaling, transporting, or selling violations; records; reports
It shall be unlawful for any person subject to the jurisdiction of
the United States (1) to engage in whaling in violation of the
convention or of any regulation of the Commission, or of this
subchapter, or of any regulation of the Secretary of Commerce; (2) to
ship, transport, purchase, sell, offer for sale, import, export, or have
in possession any whale or whale products taken or processed in
violation of the convention, or of any regulation of the Commission, or
of this subchapter, or of any regulation of the Secretary of Commerce;
(3) to fail to make, keep, submit, or furnish any record or report
required of him by the convention, or by any regulation of the
Commission, or by any regulation of the Secretary of Commerce, or to
refuse to permit any officer authorized to enforce the convention, the
regulations of the Commission, this subchapter, and the regulations of
the Secretary of Commerce, to inspect such record or report at any
reasonable time.
(b) Acts of commission or omission
It shall be unlawful for any person or vessel subject to the
jurisdiction of the United States to do any act prohibited or to fail to
do any act required by the convention, or by this subchapter, or by any
regulation adopted by the Commission, or by any regulation of the
Secretary of Commerce.
(Aug. 9, 1950, ch. 653, 5, 64 Stat. 422; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916d. Licenses
TITLE 16 -- CONSERVATION
(a) Issuance
No person shall engage in whaling without first having obtained an
appropriate license or scientific permit. Such licenses shall be issued
by the Secretary of Commerce or such officer of the Department of
Commerce as may be designated by him: Provided, That the Secretary, in
his discretion and by appropriate regulation, may waive the payment of
any license fee or the requirement that a license first be obtained, in
connection with the salvage of any ''Dauhval'' or unclaimed dead whale
found floating or stranded.
(b) Licenses and fees required
The following licenses and fees shall be required for each calendar
year or any fraction thereof and shall be nontransferable except under
such conditions as may be prescribed by the Secretary:
(1) Land-station license for primary processing of whales, $250.
(2) Land-station license for secondary processing of parts of whales
delivered to it by a land station licensed as a primary processor, $100.
(3) Factory-ship license for primary processing of whales delivered
by whale catchers, $250.
(4) License for any vessel used exclusively for transporting whale
products from a factory ship to a port during the whaling season, $100.
(5) Whale-catcher license, $100.
(c) Disposition of fees
All moneys derived from the issuance of whaling licenses shall be
covered into the Treasury of the United States, and no license fee shall
be refunded by reason of the failure of any person to whom a license has
been issued to utilize the facility in whaling for which such license
was issued.
(d) Application; conditions precedent
Any person, in making application for a license to operate a whale
catcher, must furnish evidence or affidavit satisfactory to the
Secretary of Commerce that, in addition to conforming to other
applicable laws and regulations, (1) the whale catcher is adequately
equipped and competently manned to engage in whaling in accordance with
the provisions of the convention, the regulations of the Commission, and
the regulations of the Secretary of Commerce; (2) gunners and crews
will be compensated on some basis that does not depend primarily on the
number of whales taken; and (3) no bonus or other partial remuneration
with relation to the number of whales taken shall be paid to gunners and
crews in respect of the taking of any whales, the taking of which is
prohibited.
(e) Additional conditions
Any person, in making application for a license to operate a land
station or a factory ship must furnish evidence or affidavits to the
satisfaction of the Secretary of Commerce that, in addition to
conforming to other applicable laws and regulations, such land station
or factory ship is adequately equipped to comply with provisions of the
convention, of the regulations of the Commission, and of the regulations
of the Secretary of Commerce with respect to the processing of whales or
the manufacture of whale products.
(Aug. 9, 1950, ch. 653, 6, 64 Stat. 422; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
Section 16 of act Aug. 9, 1950, provided in part that the Secretary
of the Interior is authorized to refund any part of a license fee paid
under former section 908 of this title that is in excess of the license
fee required under this section.
16 USC 916e. Failure to keep returns, records, reports
TITLE 16 -- CONSERVATION
Any person who fails to make, keep, or furnish any catch return,
statistical record, or any report that may be required by the
convention, or by any regulation of the Commission, or by this
subchapter, or by a regulation of the Secretary of Commerce, or any
person who furnishes a false return, record, or report, upon conviction,
shall be subject to such fine as may be imposed by the court not to
exceed $500, and shall in addition be prohibited from whaling,
processing, or possessing whales and whale products from the date of
conviction until such time as any delinquent return, record, or report
shall have been submitted or any false return, record, or report shall
have been replaced by a duly certified correct and true return, record,
or report to the satisfaction of the court. The penalties imposed by
section 916f of this title shall not be invoked for failure to comply
with requirements respecting returns, records, and reports.
(Aug. 9, 1950, ch. 653, 7, 64 Stat. 423; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916f. Violations; fines and penalties
TITLE 16 -- CONSERVATION
Except as to violations defined in clause 3 of subsection (a) of
section 916c of this title, any person violating any provision of the
convention, or of any regulation of the Commission, or of this
subchapter, or of any regulation of the Secretary of Commerce upon
conviction, shall be fined not more than $10,000 or be imprisoned not
more than one year, or both. In addition the court may prohibit such
person from whaling for such period of time as it may determine, and may
order forfeited, in whole or in part, the whales taken by such person in
whaling during the season, or the whale products derived therefrom or
the monetary value thereof. Such forfeited whales or whale products
shall be disposed of in accordance with the direction of the court.
(Aug. 9, 1950, ch. 653, 8, 64 Stat. 423; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916g. Enforcement
TITLE 16 -- CONSERVATION
(a) Enforcement officers; arrests; search and seizure of vessels;
disposal of property
Any duly authorized enforcement officer or employee of the Department
of Commerce; any Coast Guard officer; any United States marshal or
deputy United States marshal; any customs officer; and any other
person authorized to enforce the provisions of the convention, the
regulations of the Commission, this subchapter, and the regulations of
the Secretary of Commerce, shall have power, without warrant or other
process but subject to the provisions of the convention, to arrest any
person subject to the jurisdiction of the United States committing in
his presence or view a violation of the convention or of this
subchapter, or of the regulations of the Commission, or of the
regulations of the Secretary of Commerce and to take such person
immediately for examination before a justice or judge or any other
official designated in section 3041 of title 18; and shall have power,
without warrant or other process, to search any vessel subject to the
jurisdiction of the United States or land station when he has reasonable
cause to believe that such vessel or land station is engaged in whaling
in violation of the provisions of the convention or this subchapter or
the regulations of the Commission, or the regulations of the Secretary
of Commerce. Any person authorized to enforce the provisions of the
convention, this subchapter, the regulations of the Commission, or the
regulations of the Secretary of Commerce shall have power to execute any
warrant or process issued by an officer or court of competent
jurisdiction for the enforcement of this subchapter, and shall have
power with a search warrant to search any vessel, person, or place at
any time. The judges of the United States district courts and the
United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable cause,
issue warrants in all such cases. Subject to the provisions of the
convention, any person authorized to enforce the convention, this
subchapter, the regulations of the Commission, and the regulations of
the Secretary of Commerce may seize, whenever and wherever lawfully
found, all whales or whale products taken, processed, or possessed
contrary to the provisions of the convention, of this subchapter of the
regulations of the Commission, or of the regulations of the Secretary of
Commerce.
Any property so seized shall not be disposed of except pursuant to
the order of a court of competent jurisdiction or the provisions of
subsection (b) of this section, or, if perishable, in the manner
prescribed by regulations of the Secretary of Commerce.
(b) Stay of execution upon posting of bond; bond requirements
Notwithstanding the provisions of section 2464 of title 28, when a
warrant of arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the execution of
such process, or discharge any property seized if the process has been
levied, on receiving from the claimant of the property a bond or
stipulation for double the value of the property with sufficient surety
to be approved by a judge of the district court having jurisdiction,
conditioned to deliver the property seized, if condemned, without
impairment in value or, in the discretion of the court, to pay its
equivalent value in money or otherwise to answer the decree of the court
in such cause. Such bond or stipulation shall be returned to the court
and judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as determined
by the court.
(Aug. 9, 1950, ch. 653, 9, 64 Stat. 423; Oct. 17, 1968, Pub. L.
90-578, title IV, 402(b)(2), 82 Stat. 1118; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Dec. 1, 1990, Pub. L.
101-650, title III, 321, 104 Stat. 5117.)
''United States magistrate judges'' substituted for ''United States
magistrates'' in subsec. (a) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure. Previously, ''United States magistrates''
substituted for ''United States commissioners'' in subsec. (a) pursuant
to Pub. L. 90-578. See chapter 43 ( 631 et seq.) of Title 28.
In subsec. (a), ''Department of Commerce'' substituted for ''United
States Fish and Wildlife Service of the Department of the Interior'' and
''Secretary of Commerce'' for ''Secretary of the Interior'', see note
set out under section 916 of this title.
United States Fish and Wildlife Service, consisting of Bureau of
Commercial Fisheries and Bureau of Sport Fisheries and Wildlife,
succeeded and replaced Fish and Wildlife Service of Department of the
Interior under provisions of Fish and Wildlife Act of 1956, as
originally provided in section 742b(a) and (d) of this title.
16 USC 916h. Cooperation between Federal and State and private
agencies and organizations in scientific and other programs
TITLE 16 -- CONSERVATION
(a) Agency cooperation
In order to avoid duplication in scientific and other programs, the
Secretary of State, with the concurrence of the agency, institution, or
organization concerned, may direct the United States Commissioner to
arrange for the cooperation of agencies of the United States Government,
and of State and private institutions and organizations in carrying out
the provisions of article IV of the convention.
(b) Authorization for Federal agency cooperation
All agencies of the Federal Government are authorized, on request of
the Commission, to cooperate in the conduct of scientific and other
programs, or to furnish facilities and personnel for the purpose of
assisting the Commission in the performance of its duties as prescribed
by the convention.
(Aug. 9, 1950, ch. 653, 10, 64 Stat. 424.)
16 USC 916i. Taking of whales for biological experiments
TITLE 16 -- CONSERVATION
Nothing contained in this subchapter shall prevent the taking of
whales and the conducting of biological experiments at any time for
purposes of scientific investigation in accordance with scientific
permits and regulations issued by the Secretary of Commerce or shall
prevent the Commission from discharging its duties as prescribed by the
convention.
(Aug. 9, 1950, ch. 653, 11, 64 Stat. 424; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916j. Allocation of responsibility for administration and
enforcement
TITLE 16 -- CONSERVATION
(a) Administration and general enforcement
The Secretary of Commerce is authorized and directed to administer
and enforce all of the provisions of this subchapter and regulations
issued pursuant thereto and all of the provisions of the convention and
of the regulations of the Commission, except to the extent otherwise
provided for in this subchapter, in the convention, or in the
regulations of the Commission. In carrying out such functions he is
authorized to adopt such regulations as may be necessary to carry out
the purposes and objectives of the convention, the regulations of the
Commission, this subchapter, and with the concurrence of the Secretary
of State, to cooperate with the duly authorized officials of the
government of any party to the convention.
(b) Enforcement relating to whaling vessels
Enforcement activities under the provisions of this subchapter
relating to vessels engaged in whaling and subject to the jurisdiction
of the United States primarily shall be the responsibility of the
Secretary of the Treasury in cooperation with the Secretary of Commerce.
(c) Enforcement by officers and employees of coastal States
The Secretary of Commerce may authorize officers and employees of the
coastal States of the United States to enforce the provisions of the
convention, or of the regulations of the Commission, or of this
subchapter, or of the regulations of the Secretary of Commerce. When so
authorized such officers and employees may function as Federal
law-enforcement officers for the purposes of this subchapter.
(Aug. 9, 1950, ch. 653, 12, 64 Stat. 425; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916k. Regulations; submission; publication; effectiveness
TITLE 16 -- CONSERVATION
Regulations of the Commission approved and effective in accordance
with section 916b of this title and article V of the convention shall be
submitted for appropriate action or publication in the Federal Register
by the Secretary of Commerce and shall become effective with respect to
all persons and vessels subject to the jurisdiction of the United States
in accordance with the terms of such regulations and the provisions of
article V of the convention.
(Aug. 9, 1950, ch. 653, 13, 64 Stat. 425; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
916 of this title.
16 USC 916l. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time, out
of any moneys in the Treasury not otherwise appropriated, such sums as
may be necessary to carry out the provisions of the convention and of
this subchapter, including (1) contributions to the Commission for the
United States share of any joint expenses of the Commission agreed by
the United States and any of the other contracting governments, and (2)
the expenses of the United States Commissioner and his staff, including
(a) personal services in the District of Columbia and elsewhere, without
regard to the civil-service laws and chapter 51 and subchapter III of
chapter 53 of title 5; (b) travel expenses without regard to subchapter
I of chapter 57 of title 5 and section 5731(a) of title 5; (c)
transportation of things, communication services; (d) rent of offices;
(e) printing and binding without regard to section 501 of title 44, and
section 5 of title 41; (f) stenographic and other services by contract,
if deemed necessary, without regard to section 5 of title 41; (g)
supplies and materials; (h) equipment; (i) purchase, hire, operation,
maintenance, and repair of aircraft, motor vehicles (including
passenger-carrying vehicles), boats, and research vessels.
(Aug. 9, 1950, ch. 653, 14, 64 Stat. 425.)
The civil-service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5.
In cl. (a), ''chapter 51 and subchapter III of chapter 53 of title
5'' substituted for ''the Classification Act of 1923, as amended'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631 (the
first section of which enacted Title 5, Government Organization and
Employees), and of section 1106(a) of act Oct. 28, 1949, ch. 782,
title XI, 63 Stat. 972, which provided that references in other laws to
the Classification Act of 1923 shall be considered to mean the
Classification Act of 1949.
In cl. (b), ''subchapter I of chapter 57 of title 5 and section
5731(a) of title 5'' substituted for ''the Travel Expense Act of 1949
and section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec.
73b)'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5.
In cl. (e), ''section 501 of title 44'' substituted for ''section 11
of the Act of March 1, 1919 (U.S.C., title 44, sec. 111)'' on authority
of Pub. L. 90-620, 2(b), Oct. 22, 1968, 82 Stat. 1305, the first
section of which enacted Title 44, Public Printing and Documents.
16 USC CHAPTER 14A -- WHALE CONSERVATION AND PROTECTION
TITLE 16 -- CONSERVATION
Sec.
917. Congressional findings.
917a. Study by Secretary of Commerce; report to Congress.
917b. Cooperation of other Federal agencies.
917c. Negotiations with Mexico and Canada.
917d. Authorization of appropriations.
16 USC 917. Congressional findings
TITLE 16 -- CONSERVATION
The Congress finds that --
(1) whales are a unique resource of great aesthetic and scientific
interest to mankind and are a vital part of the marine ecosystem;
(2) whales have been overexploited by man for many years, severely
reducing several species and endangering others;
(3) the United States has extended its authority and responsibility
to conserve and protect all marine mammals, including whales, out to a
two hundred nautical mile limit by enactment of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);
(4) the conservation and protection of certain species of whales,
including the California gray, bowhead, sperm, and killer whale, are of
particular interest to citizens of the United States;
(5) increased ocean activity of all types may threaten the whale
stocks found within the two hundred-mile jurisdiction of the United
States and added protection of such stocks may be necessary;
(6) there is inadequate knowledge of the ecology, habitat,
requirements, and population levels and dynamics of all whales found in
waters subject to the jurisdiction of the United States; and
(7) further study of such matters is required in order for the United
States to carry out its responsibilities for the conservation and
protection of marine mammals.
(Pub. L. 94-532, 2, Oct. 17, 1976, 90 Stat. 2491; Pub. L. 96-561,
title II, 238(b), Dec. 22, 1980, 94 Stat. 3300.)
The Magnuson Fishery Conservation and Management Act, referred to in
par. (3), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as
amended, which is classified generally 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.
1980 -- Par. (3). Pub. L. 96-561 substituted ''Magnuson Fishery
Conservation and Management Act'' for ''Fishery Conservation and
Management Act of 1976''.
Amendment by Pub. L. 96-561 effective 15 days after Dec. 22, 1980,
see section 238 of Pub. L. 96-561, set out as a Short Title note set
out under section 1801 of this title.
Section 1 of Pub. L. 94-532 provided: ''That this Act (enacting
this chapter) may be cited as the 'Whale Conservation and Protection
Study Act'.''
16 USC 917a. Study by Secretary of Commerce; report to Congress
TITLE 16 -- CONSERVATION
The Secretary of Commerce, in consultation with the Marine Mammal
Commission and the coastal States, shall undertake comprehensive studies
of all whales found in waters subject to the jurisdiction of the United
States, including the fishery conservation zone as defined in section
1802(8) /1/ of this title. Such studies shall take into consideration
all relevant factors regarding (1) the conservation and protection of
all such whales, (2) the distribution, migration patterns, and
population dynamics of these mammals, and (3) the effects on all such
whales of habitat destruction, disease, pesticides, and other chemicals,
disruption of migration patterns, and food shortages for the purpose of
developing adequate and effective measures, including appropriate laws
and regulations, to conserve and protect such mammals. The Secretary of
Commerce shall report on such studies, together with such
recommendations as he deems appropriate, including suggested
legislation, to the Congress no later than January 1, 1980.
(Pub. L. 94-532, 3, Oct. 17, 1976, 90 Stat. 2491.)
Section 1802(8) of this title, referred to in text, which defined
''fishery conservation zone'', was repealed and section 1802(6) of this
title, defining ''exclusive economic zone'', was added by Pub. L.
99-659, title I, 101(a), Nov. 14, 1986, 100 Stat. 3706.
/1/ See References in Text note below.
16 USC 917b. Cooperation of other Federal agencies
TITLE 16 -- CONSERVATION
All Federal agencies shall cooperate, to the fullest extent possible,
with the Secretary of Commerce in preparing the study and
recommendations required by section 917a of this title.
(Pub. L. 94-532, 4, Oct. 17, 1976, 90 Stat. 2492.)
16 USC 917c. Negotiations with Mexico and Canada
TITLE 16 -- CONSERVATION
The Secretary of Commerce, through the Secretary of State, shall
immediately initiate negotiations for the purpose of developing
appropriate bilateral agreements with Mexico and Canada for the
protection and conservation of whales.
(Pub. L. 94-532, 5, Oct. 17, 1976, 90 Stat. 2492.)
16 USC 917d. Authorization of appropriations
TITLE 16 -- CONSERVATION
For the purpose of carrying out the provisions of this chapter, there
is hereby authorized to be appropriated a sum not to exceed $1,000,000
for fiscal years 1978 and 1979.
(Pub. L. 94-532, 6, Oct. 17, 1976, 90 Stat. 2492.)
16 USC CHAPTER 15 -- PREDATORY SEA LAMPREYS IN THE GREAT LAKES
TITLE 16 -- CONSERVATION
16 USC 921 to 923. Omitted
TITLE 16 -- CONSERVATION
Section 921, acts Aug. 8, 1946, ch. 879, 1, 60 Stat. 930; Aug.
18, 1949, ch. 478, 3, 63 Stat. 616; July 30, 1951, ch. 256, 65
Stat. 131; July 1, 1952, ch. 537, 66 Stat. 314, directed the
Director of the Fish and Wildlife Service to investigate the abundance
and distribution of sea lampreys, required a report to the Congress not
later than Dec. 31, 1950, and authorized appropriations through the
fiscal year ending June 30, 1953.
Sections 922, 923, act Aug. 8, 1946, ch. 879, 2, 3, 60 Stat.
930, 931, which related to cooperation between Federal, State, and local
agencies and the annual cost of the program, were omitted by act Aug.
18, 1949, ch. 478, 3, 63 Stat. 616, which amended act Aug. 8, 1946.
16 USC CHAPTER 15A -- GREAT LAKES FISHERIES
TITLE 16 -- CONSERVATION
Sec.
931. Definitions.
932. Commissioners; appointment, number, and compensation; term of
office; vacancy.
933. Advisory Committee.
(a) Appointment and number of members; factors in selection.
(b) Membership on other committees.
(c) Compensation.
(d) Meetings.
934. Repealed.
935. Acquisition of real property; construction and operation of
lamprey control works; entry into agreements for construction and
operation of works.
936. Secretary of the Interior; authority to transfer lamprey
control projects and act on behalf of United States Section.
937. United States Section as agency of United States.
938. Notice of proposals.
939. Transmission of recommendations.
939a. Cooperation with other agencies.
939b. State laws and regulations.
939c. Authorization of appropriations.
16 USC 931. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, the term --
(a) ''Convention'' means the Convention on Great Lakes Fisheries
between the United States of America and Canada signed at Washington,
September 10, 1954;
(b) ''Commission'' means the Great Lakes Fishery Commission provided
for by article II of the convention;
(c) ''United States Section'' means the United States Commissioners
on the Commission;
(d) ''Great Lakes State'' means any of the following States:
Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or
Wisconsin;
(e) ''Great Lakes'' means any of the following bodies of water: Lake
Ontario (including the Saint Lawrence River from Lake Ontario to the
forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake
Saint Clair), Lake Michigan, or Lake Superior.
(June 4, 1956, ch. 358, 2, 70 Stat. 242.)
Section 1 of act June 4, 1956, provided: ''That this Act (enacting
this chapter) may be cited as the 'Great Lakes Fishery Act of 1956'.''
Section 14 of act June 4, 1956, provided that: ''If any provision of
this Act (this chapter) or the application of such provision to any
circumstances or persons shall be held invalid, the validity of the
remainder of the Act and the applicability of such provision to other
circumstances or persons shall not be affected thereby''.
16 USC 932. Commissioners; appointment, number, and compensation;
term of office; vacancy
TITLE 16 -- CONSERVATION
(a)(1) The United States shall be represented on the Commission by 4
Commissioners who shall be appointed by the President and who may not
receive compensation for service as Commissioners. Of the Commissioners
--
(A) 1 shall be an official of the United States Government; and
(B) 3 shall be individuals who reside in different Great Lakes States
and who are knowledgeable regarding the fisheries of the Great Lakes,
except that 1 of them must also be an official of /1/ Great Lakes State.
(2) The President shall appoint an alternate Commissioner who shall
perform the duties of a Commissioner --
(A) until a vacancy referred to in subsection (b)(3) of this section
is filled; and
(B) in the event of the absence of a Commissioner from any meeting of
the United States Section or the Commission.
(b)(1) Except as provided in paragraph (2), the term of office of
Commissioners appointed under subsection (a)(1)(B) of this section is 6
years.
(2) Of the Commissioners first appointed under subsection (a)(1)(B)
of this section after November 14, 1986, 1 shall be appointed for a term
of 2 years, 1 shall be appointed for a term of 4 years, and 1 shall be
appointed for a term of 6 years.
(3) Whenever a vacancy occurs among Commissioners appointed under
subsection (a)(1)(B) of this section, the President shall appoint an
individual to fill that vacancy for the remainder of the applicable
term.
(June 4, 1956, ch. 358, 3, 70 Stat. 242; Nov. 14, 1986, Pub. L.
99-659, title IV, 405(a), 100 Stat. 3737.)
1986 -- Pub. L. 99-659 amended section generally. Prior to
amendment, section read as follows: ''The United States shall be
represented on the Commission by three Commissioners to be appointed by
the President, to serve as such during his pleasure, and to receive no
compensation for their services as such Commissioners. Of such
Commissioners --
''(a) one shall be an official of the United States Government; and
''(b) two shall be persons residing in Great Lakes States, duly
qualified by reason of knowledge of the fisheries of the Great Lakes, of
whom one shall be an official of a Great Lakes State: Provided,
however, That the Commissioners appointed under this subsection shall
not be residents of the same State.''
Section 405(b) of Pub. L. 99-659 provided that: ''The term of
office of each United States Commissioner on the Great Lakes Fishery
Commission who is serving on the date of enactment of this Act (Nov.
14, 1986) is terminated (except the United States Government official
appointed under section 3(a) of the Great Lakes Fishery Act of 1956 (16
U.S.C. 932(a), as in effect before the date of enactment). However, the
individuals appointed to those terms shall continue to serve as
Commissioners until the President makes appointments under section
3(b)(2) of the Act of 1956 (as added by subsection (a)), which
appointments shall be made within 60 days after the date of enactment.''
Secretary of State authorized to designate Alternate United States
Commissioners, see sections 2672a and 2672b of Title 22, Foreign
Relations and Intercourse.
/1/ So in original. Probably should be followed by ''a''.
16 USC 933. Advisory Committee
TITLE 16 -- CONSERVATION
(a) Appointment and number of members; factors in selection
The United States Section shall appoint an advisory committee for
each of the Great Lakes, upon which committee each State bordering on
the lake may be represented by not more than four members. In making
such appointments, the United States Section shall make its selection
for each State from a list proposed by the Governor of that State; and
shall give due consideration to the interests of --
(1) State agencies having jurisdiction over fisheries;
(2) the commercial fishing industry of the lake;
(3) the sports fishing of the lake; and
(4) the public at large.
(b) Membership on other committees
A member of the advisory committee for one lake may also be a member
of the advisory committee for one or more other lakes.
(c) Compensation
The members of the advisory committee shall receive no compensation
from the Government of the United States for their services as such
members. Not more than five members of all the committees, designated
by the committees and approved by the United States Section, may be paid
by the Government of the United States for transportation expenses and
per diem incident to attendance at each meeting of the Commission or of
the United States Section.
(d) Meetings
The members of the advisory committee for each lake shall be invited
to attend all nonexecutive meetings of the United States Section
relating to that lake and at such meetings shall be granted opportunity
to examine and be heard on all proposed recommendations, programs, and
activities relating to that lake.
(June 4, 1956, ch. 358, 4, 70 Stat. 242.)
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 934. Repealed. Pub. L. 92-471, title II, 203(a), Oct. 9,
1972, 86 Stat. 787
TITLE 16 -- CONSERVATION
Section, act June 4, 1956, ch. 358, 5, 70 Stat. 243, provided that
service of individuals appointed as United States Commissioners shall
not be treated as service for the purposes of certain sections of Title
18, Crimes and Criminal Procedure, and Title 5, Government Organization
and Employees.
16 USC 935. Acquisition of real property; construction and operation
of lamprey control works; entry into agreements for construction and
operation of works
TITLE 16 -- CONSERVATION
In order to carry out the obligations of the United States under the
Convention, the United States Section is authorized --
(a) to acquire any real property, or any interest therein, by
purchase, exchange, gift, dedication, condemnation, or otherwise;
(b) to construct, operate, and maintain any project or works designed
to facilitate compliance with the provisions of the Convention relating
to the sea lamprey control program; and
(c) to enter into contract or agreement with any State or other
public agency or private agency or individual for the construction,
operation, or maintenance of any such project or works.
(June 4, 1956, ch. 358, 6, 70 Stat. 243.)
Lamprey Program; Reimbursements
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1918, provided
that: ''beginning October 1, 1990, and thereafter, the United States
Fish and Wildlife Service can perform work for the Great Lakes Fishery
Commission, authorized by 16 U.S.C. 931-939c, Great Lakes Fisheries
(Fishery) Act of 1956, on the sea lamprey program on a reimbursable
basis: Provided further, That such reimbursements are to be treated as
Intragovernmental funds as defined in the publication titled 'A Glossary
of Terms Used in the Federal Budget Process'.''
16 USC 936. Secretary of the Interior; authority to transfer lamprey
control projects and act on behalf of United States Section
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, upon the request of the
United States Section --
(a) to transfer to the United States Section any lamprey control
project or works under his jurisdiction now existing or now under
construction; and
(b) to act for or on behalf of the United States Section in the
exercise of the powers granted by this chapter.
(June 4, 1956, ch. 358, 7, 70 Stat. 243.)
16 USC 937. United States Section as agency of United States
TITLE 16 -- CONSERVATION
The United States Section shall, for the purposes of these /1/
provisions of title 28, relating to claims against the United States and
tort claims procedure, be deemed to be an agency of the United States.
(June 4, 1956, ch. 358, 8, 70 Stat. 243.)
Provisions of title 28, relating to claims against the United States,
referred to in text, include sections 1346(b), 2501 et seq., and 2671 et
seq., of Title 28, Judiciary and Judicial Procedure.
/1/ So in original. Probably should be ''those''.
16 USC 938. Notice of proposals
TITLE 16 -- CONSERVATION
At least thirty days before approving a proposal to utilize a lamprey
control measure or install a device in any stream, the United States
Section shall cause notice of such proposal to be sent to the official
agency having jurisdiction over fisheries in each of the States through
which the stream flows.
(June 4, 1956, ch. 358, 9, 70 Stat. 243.)
16 USC 939. Transmission of recommendations
TITLE 16 -- CONSERVATION
The Secretary of State shall upon the receipt from the Commission of
any recommendation of a conservation measure made in accordance with
article IV of the Convention transmit a copy of the recommendation with
his comments thereon to the Governor of each Great Lakes State for
consideration and such action as may be found to be appropriate. The
Secretary of State shall also inform such other public agencies as he
may deem appropriate.
(June 4, 1956, ch. 358, 10, 70 Stat. 244.)
16 USC 939a. Cooperation with other agencies
TITLE 16 -- CONSERVATION
Any agency of the United States Government is authorized to cooperate
with the United States Section in the conduct of research programs and
related activities and, on a reimbursable or other basis, to enter into
agreements with the United States Section for the purpose of assisting
it in carrying out the program for the control of lamprey populations.
(June 4, 1956, ch. 358, 11, 70 Stat. 244.)
16 USC 939b. State laws and regulations
TITLE 16 -- CONSERVATION
Nothing in this chapter shall be construed as preventing any of the
Great Lakes States from making or enforcing laws or regulations within
their respective jurisdictions so far as such laws or regulations do not
conflict with the Convention or this chapter.
(June 4, 1956, ch. 358, 12, 70 Stat. 244.)
16 USC 939c. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time such
sums as may be necessary for carrying out the purposes and provisions of
the Convention and this chapter.
(June 4, 1956, ch. 358, 13, 70 Stat. 244.)
16 USC CHAPTER 15B -- GREAT LAKES FISH AND WILDLIFE RESTORATION
TITLE 16 -- CONSERVATION
Sec.
941. Findings.
941a. Purpose.
941b. Definitions.
941c. Great Lakes fishery resources restoration study.
(a) In general.
(b) Memorandum of understanding.
(c) Content of study.
(d) Proposals for implementing recommendations.
941d. Goals of United States Fish and Wildlife Service programs
related to Great Lakes fish and wildlife resources.
941e. Establishment of offices.
(a) Great Lakes Coordination Office.
(b) Lower Great Lakes Fishery Resources Office.
(c) Upper Great Lakes Fishery Resources Offices.
941f. Annual reports.
941g. Authorization of appropriations.
16 USC 941. Findings
TITLE 16 -- CONSERVATION
The Congress finds and declares the following:
(1) As the human population of the Great Lakes Basin has expanded to
over 35,000,000 people, great demands have been placed on the lakes for
use for boating and other recreation, navigation, municipal and
industrial water supply, waste disposal, power production, and other
purposes. These growing and often conflicting demands exert pressure on
the fish and wildlife resources of the Great Lakes Basin, including in
the form of contaminants, invasion by nonindigenous species, habitat
degradation and destruction, legal and illegal fishery resource harvest
levels, and sea lamprey predation.
(2) The fishery resources of the Great Lakes support recreational
fisheries enjoyed by more than 5,000,000 people annually and commercial
fisheries providing approximately 9,000 jobs. Together, these fisheries
generate economic activity worth more than $4,400,000,000 annually to
the United States.
(3) The availability of a suitable forage base is essential to lake
trout, walleye, yellow perch, and other recreational and commercially
valuable fishery resources of the Great Lakes Basin. Protecting and
restoring productive fish habitat, including by protecting water
quality, is essential to the successful recovery of Great Lakes Basin
fishery resources.
(4) The Great Lakes Basin contains important breeding and migration
habitat for all types of migratory birds. Many migratory bird species
dependent on deteriorating Great Lakes Basin habitat have suffered
serious population declines in recent years.
(5) Over 80 percent of the original wetlands in the Great Lakes Basin
have been destroyed and such losses continue at a rate of 20,000 acres
annually.
(6) Contaminant burdens in the fish and wildlife resources of the
Great Lakes Basin are substantial and the impacts of those contaminants
on the life functions of important fish and wildlife resources are
poorly understood. Concern over the effects of those contaminants on
human health have resulted in numerous public health advisories
recommending restricted or no consumption of Great Lakes fish.
(7) The lower Great Lakes are uniquely different from the upper Great
Lakes biologically, physically, and in the degree of human use and
shoreline development, and special fishery resource assessments and
management activities are necessary to respond effectively to these
special circumstances.
(Pub. L. 101-537, title I, 1002, Nov. 8, 1990, 104 Stat. 2370; Pub.
L. 101-646, title II, 2002, Nov. 29, 1990, 104 Stat. 4773.)
Pub. L. 101-537 and Pub. L. 101-646 enacted identical sections.
Section 1001 of title I of Pub. L. 101-537, and section 2001 of
title II of Pub. L. 101-646, provided that: ''This title (enacting
this chapter) may be cited as the 'Great Lakes Fish and Wildlife
Restoration Act of 1990'.''
16 USC 941a. Purpose
TITLE 16 -- CONSERVATION
The purposes of this chapter are --
(1) to carry out a comprehensive study of the status, and the
assessment, management, and restoration needs, of the fishery resources
of the Great Lakes Basin;
(2) to develop proposals to implement recommendations resulting from
that study; and
(3) to provide assistance to the Great Lakes Fisheries Commission,
States, Indian Tribes, and other interested entities to encourage
cooperative conservation, restoration and management of the fish and
wildlife resources and their habitat of the Great Lakes Basin.
(Pub. L. 101-537, title I, 1003, Nov. 8, 1990, 104 Stat. 2371; Pub.
L. 101-646, title II, 2003, Nov. 29, 1990, 104 Stat. 4774.)
This chapter, referred to in text, was in the original ''this Act'',
which, to reflect the probable intent of Congress, was translated as
reading ''this title'' meaning title I of Pub. L. 101-537, Nov. 8,
1990, 104 Stat. 2370, and title II of Pub. L. 101-646, Nov. 29,
1990, 104 Stat. 4773, known as the Great Lakes Fish and Wildlife
Restoration Act of 1990, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 941 of this title and Tables.
Pub. L. 101-537 and Pub. L. 101-646 enacted identical sections.
16 USC 941b. Definitions
TITLE 16 -- CONSERVATION
In this chapter --
(1) the term ''Administrator'' means the Administrator of the
Environmental Protection Agency;
(2) the term ''Director'' means the Director of the United States
Fish and Wildlife Service;
(3) the term ''fish stock'' means --
(A) a taxonomically distinct species or subspecies of fish; or
(B) any other aggregation of fish that are geographically,
ecologically, behaviorally, or otherwise limited from breeding with
individuals from other groups of fish and are capable of management as a
unit;
(4) the term ''Great Lakes Basin'' means the air, land, water, and
living organisms within the drainage basin of the Saint Lawrence River
at or upstream from the point at which the river becomes the
international boundary between Canada and the United States;
(5) the term ''Indian Tribe'' means any Indian tribe, band, village,
nation, or other organized group or community that is recognized by the
Bureau of Indian Affairs as eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians;
(6) the term ''lower Great Lakes'' means the region in which is
located that portion of the Great Lakes Basin which is downstream from
the confluence of the Saint Clair River and Lake Huron near Port Huron,
Michigan;
(7) the term ''upper Great Lakes'' means that portion of the Great
Lakes Basin which is upstream from the confluence of the Saint Clair
River and Lake Huron near Port Huron, Michigan.
(8) the term ''nonindigenous species'' means a species of plant or
animal that did not occur in the Great Lake /1/ Basin before European
colonization of North America;
(9) the term ''Secretary'' means the Secretary of the Army; and
(10) the term ''State Director'' means the head of the agency,
department, board, commission, or other governmental entity of each of
the States of New York, Ohio, Indiana, Illinois, Michigan, Wisconsin,
Minnesota, and the Commonwealth of Pennsylvania which is responsible for
the management and conservation of the fish and wildlife resources of
that State.
(Pub. L. 101-537, title I, 1004, Nov. 8, 1990, 104 Stat. 2371; Pub.
L. 101-646, title II, 2004, Nov. 29, 1990, 104 Stat. 4774.)
This chapter, referred to in text, was in the original ''this Act'',
which, to reflect the probable intent of Congress, was translated as
reading ''this title'' meaning title I of Pub. L. 101-537, Nov. 8,
1990, 104 Stat. 2370, and title II of Pub. L. 101-646, Nov. 29,
1990, 104 Stat. 4773, known as the Great Lakes Fish and Wildlife
Restoration Act of 1990, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 941 of this title and Tables.
Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical
sections.
/1/ So in original. Probably should be ''Lakes''.
16 USC 941c. Great Lakes fishery resources restoration study
TITLE 16 -- CONSERVATION
(a) In general
The Director shall conduct a comprehensive study of the status of,
and the assessment, management, and restoration needs of, the fishery
resources of the Great Lakes Basin and shall provide the opportunity for
the Secretary, the Administrator, State Directors, Indian Tribes, the
Great Lakes Fishery Commission, appropriate Canadian Government
entities, and other appropriate entities to participate in the study.
The Director shall complete the study by October 1, 1994.
(b) Memorandum of understanding
To provide opportunities for the full participation of all affected
entities in the planning and conduct of the study, the Director shall
invite the entities identified in subsection (a) of this section to
enter into a memorandum of understanding regarding the scope and focus
of the study and the responsibilities of each participant for conducting
the study.
(c) Content of study
A study under this section shall include, but not be limited to --
(1) identifying and describing the component drainages of the Great
Lakes Basin (including the drainage for each of the Great Lakes),
analyzing how the characteristics and current or expected land and water
uses of those drainages have affected, and can be expected to affect in
the future, the fishery resources and fish habitats of the Great Lakes
Basin;
(2) analyzing historical fishery resource data for the Great Lakes
Basin to identify the causes of past and continuing clines /1/ of the
fishery resources and the impediments to restoring those resources;
(3) evaluating the adequacy, effectiveness, and consistency of
current Great Lakes interagency fisheries management plans and Federal
and State water quality programs, with respect to their effects on Great
Lakes fishery resources;
(4) analyzing the impacts of, and management control alternatives
for, recently introduced nonindigenous species, including the zebra
mussel, the ruffe, and the spiny water flea in accordance with the
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
seq.);
(5) developing recommendations regarding --
(A) an action plan to analyze the effects of contaminant levels on
fishery resources;
(B) an action plan for the cooperative restoration and enhancement of
depleted, nationally significant fish stocks, including lake trout,
yellow perch, lake sturgeon, walleye, forage fish, and Atlantic salmon;
(C) planning and technical assistance that should be provided to the
Great Lakes Fisheries Commission, States, and Indian Tribes to assist
their fishery resource restoration efforts;
(D) mitigation measures to restore and enhance fishery resources
adversely affected by past Federal (including federally assisted or
approved) water resource development projects and other activities;
(E) increasing the involvement of the International Joint Commission,
the Great Lakes Commission, the Great Lakes Fishery Commission, and
other interjurisdictional entities regarding fishery resources
protection, restoration, and enhancement;
(F) research projects and data gathering initiatives regarding
population trends of fish stocks, including population abundance and
structure, interspecific competition, survival rates, and behavioral
patterns;
(G) important fishery resource habitat and other areas that should be
protected, restored, or enhanced for the benefit of Great Lakes fishery
resources;
(H) how private conservation organizations, recreational and
commercial fishing interests, the aquaculture industry, and the general
public could contribute to the implementation of the fishery resource
restoration and enhancement recommendations developed pursuant to this
chapter; and
(I) appropriate contributions that should be made by States and other
non-Federal entities to the cost of activities undertaken to implement
the recommendations, including a description of --
(i) the activities that shall be cost-shared;
(ii) the entities or individuals which shall share the costs of those
activities;
(iii) the proportion of appropriate project and activity costs that
shall be borne by non-Federal interests; and
(iv) how the entities or individuals who share costs should finance
their contribution.
(d) Proposals for implementing recommendations
The Director shall develop proposals for implementing the
recommendations of the study developed under subsection (c)(5) of this
section. The proposals shall be consistent with the goals of the Great
Lakes Water Quality Agreement, as revised in 1987, the 1954 Great lakes
/2/ Fisheries Convention, State and tribal fishery management
jurisdiction, and the 1980 Joint Strategic Plan for the management of
Great Lakes fishery resources.
(Pub. L. 101-537, title I, 1005, Nov. 8, 1990, 104 Stat. 2372; Pub.
L. 101-646, title II, 2005, Nov. 29, 1990, 104 Stat. 4775.)
The Aquatic Nuisance Prevention and Control Act of 1990, referred to
in subsec. (c)(4), probably means the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990, title I of Pub. L. 101-646, Nov.
29, 1990, 104 Stat. 4761, which is classified principally to chapter 67
( 4701 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 4701 of this
title and Tables.
This chapter, referred to in subsec. (c)(5)(H), was in the original
''this Act'', which, to reflect the probable intent of Congress, was
translated as reading ''this title'' meaning title I of Pub. L.
101-537, Nov. 8, 1990, 104 Stat. 2370, and title II of Pub. L.
101-646, Nov. 29, 1990, 104 Stat. 4773, known as the Great Lakes Fish
and Wildlife Restoration Act of 1990, which is classified generally to
this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 941 of this title and Tables.
Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical
sections.
/1/ So in original. Probably should be ''declines''.
/2/ So in original. Probably should be capitalized.
16 USC 941d. Goals of United States Fish and Wildlife Service programs
related to Great Lakes fish and wildlife resources
TITLE 16 -- CONSERVATION
In administering programs of the United States Fish and Wildlife
Service related to the Great Lakes Basin, the Director shall seek to
achieve the following goals:
(1) Restoring and maintaining self-sustaining fishery resource
populations.
(2) Minimizing the impacts of contaminants on fishery and wildlife
resources.
(3) Protecting, maintaining, and, where degraded and destroyed,
restoring fish and wildlife habitat, including the enhancement and
creation of wetlands that result in a net gain in the amount of those
habitats.
(4) Stopping illegal activities adversely impacting fishery and
wildlife resources.
(5) Restoring threatened and endangered species to viable,
self-sustaining levels.
(6) Protecting, managing, and conserving migratory birds.
(Pub. L. 101-537, title I, 1006, Nov. 8, 1990, 104 Stat. 2373; Pub.
L. 101-646, title II, 2006, Nov. 29, 1990, 104 Stat. 4777.)
Pub. L. 101-537 and Pub. L. 101-646 enacted identical sections.
16 USC 941e. Establishment of offices
TITLE 16 -- CONSERVATION
(a) Great Lakes Coordination Office
The Director shall establish a centrally located facility for the
coordination of all United States Fish an /1/ Wildlife Service
activities in the Great Lakes Basin, to be known as the ''Great Lakes
Coordination Office''. The functional responsibilities of the Great
Lakes Coordination Office shall include intra- and interagency
coordination, information distribution, and public awareness outreach.
The Great Lakes Coordination Office shall include all administrative and
technical support necessary to carry out its responsibilities.
(b) Lower Great Lakes Fishery Resources Office
The Director shall establish an office with necessary administrative
and technical support services to carry out all United States Fish and
Wildlife Service operational activities related to fishery resource
protection, restoration, maintenance, and enhancement in the Lower /2/
Great Lakes. The office shall be known as the ''Lower Great Lakes
Fishery Resources Office'', and shall be centrally located in the lower
Great Lakes so as to facilitate fishery resource restoration and
enhancement activities relating to the lower Great Lakes.
(c) Upper Great Lakes Fishery Resources Offices
The Director shall establish one or more offices with necessary
administrative and technical support services to carry out United States
Fish and Wildlife Service operational activities related to fishery
resource protection, restoration, maintenance, and enhancement in the
upper Great Lakes. Each of the offices shall be known as an ''Upper
Great Lakes Fishery Resources Office'', and shall be appropriately
located so as to facilitate fishery resource activities in the upper
Great Lakes.
(Pub. L. 101-537, title I, 1007, Nov. 8, 1990, 104 Stat. 2374; Pub.
L. 101-646, title II, 2007, Nov. 29, 1990, 104 Stat. 4777.)
Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical
sections.
/1/ So in original. Probably should be ''and''.
/2/ So in original. Probably should not be capitalized.
16 USC 941f. Annual reports
TITLE 16 -- CONSERVATION
Not later than 1 year after the date of the enactment of this Act and
annually thereafter, the Director shall submit a report to the Committee
on Merchant Marine and fisheries /1/ of the House of Representatives and
the Committee on Environment and Public Works of the Senate. Each such
report shall describe --
(1) the progress and findings of the studies conducted under section
941c of this title, including recommendations of implementing
activities, where appropriate, that would contribute to the restoration
or improvement of one or more fish stocks of the Great Lakes Basin; and
(2) activities undertaken to accomplish the goals stated in section
941d of this title.
(Pub. L. 101-537, title I, 1008, Nov. 8, 1990, 104 Stat. 2374; Pub.
L. 101-646, title II, 2008, Nov. 29, 1990, 104 Stat. 4777.)
The date of the enactment of this Act, referred to in text, is the
date of enactment of Pub. L. 101-537, which was approved Nov. 8, 1990,
and Pub. L. 101-646, which was approved Nov. 29, 1990.
Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical
sections.
/1/ So in original. Probably should be capitalized.
16 USC 941g. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) There are authorized to be appropriated to the Director --
(1) for conducting a study under section 941c of this title not more
than $4,000,000 for each of fiscal years 1991 through 1994;
(2) to establish and operate the Great Lakes Coordination Office
under section 941f(a) /1/ of this title and Upper Great Lakes Fishery
Resources Offices under section 941f(c) /1/ of this title, not more than
$4,000,000 for each of fiscal years 1991 through 1995; and
(3) to establish and operate the Lower Great Lakes Fishery Resources
Offices /2/ under section 941f(b) /1/ of this title, not more than
$2,000,000 for each of fiscal years 1991 through 1995.
(b) There are authorized to be appropriated to the Secretary to carry
out this chapter, not more than $1,500,000 for each of fiscal years 1991
through 1995.
(Pub. L. 101-537, title I, 1009, Nov. 8, 1990, 104 Stat. 2374; Pub.
L. 101-646, title II, 2009, Nov. 29, 1990, 104 Stat. 4778.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', which, to reflect the probable intent of Congress, was translated
as reading ''this title'' meaning title II of Pub. L. 101-646, Nov.
29, 1990, 104 Stat. 4773, known as the Great Lakes Fish and Wildlife
Restoration Act of 1990, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 941 of this title and Tables.
Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical
provisions of subsec. (a), but Pub. L. 101-537 did not enact a subsec.
(b).
/1/ So in original. Probably should be ''941e(a)'', ''941e(c)'', and
''941e(b)'', respectively.
/2/ So in original. Probably should be ''Office''.
16 USC CHAPTER 15C -- GREAT LAKES FISH AND WILDLIFE TISSUE BANK
TITLE 16 -- CONSERVATION
Sec.
943. Tissue bank.
(a) In general.
(b) Guidance.
943a. Data base.
(a) Maintenance.
(b) Access.
943b. Definitions.
943c. Authorization of appropriations.
16 USC 943. Tissue bank
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall coordinate existing facilities for the storage,
preparation, examination, and archiving of tissues from selected Great
Lakes fish and wildlife, which shall be known as the ''Great Lakes Fish
and Wildlife Tissue Bank''.
(b) Guidance
The Secretary shall, in consultation with appropriate Federal and
State agencies and the Council of Great Lakes Research Managers, issue
guidance, after an opportunity for public review and comment, for Great
Lakes fish and wildlife tissue collection, preparation, archiving,
quality control procedures, and access that will ensure --
(1) appropriate uniform methods and standards for those activities to
provide confidence in Great Lakes fish and wildlife tissue samples used
for research;
(2) documentation of procedures used for collecting, preparing, and
archiving those samples; and
(3) appropriate scientific use of the tissues in the Great Lakes Fish
and Wildlife Tissue Bank.
(Pub. L. 102-440, title II, 202, Oct. 23, 1992, 106 Stat. 2233.)
Section 201 of title II of Pub. L. 102-440 provided that: ''This
title (enacting this chapter) may be cited as 'The Great Lakes Fish and
Wildlife Tissue Bank Act'.''
16 USC 943a. Data base
TITLE 16 -- CONSERVATION
(a) Maintenance
The Secretary shall maintain a central data base which provides an
effective means for tracking and assessing relevant reference data on
Great Lakes fish and wildlife, including data on tissues collected for
and maintained in the Great Lakes Fish and Wildlife Tissue Bank.
(b) Access
The Secretary shall establish criteria, after an opportunity for
public review and comment, for access to the data base which provides
for appropriate use of the information by the public.
(Pub. L. 102-440, title II, 203, Oct. 23, 1992, 106 Stat. 2233.)
16 USC 943b. Definitions
TITLE 16 -- CONSERVATION
In this chapter --
(1) ''Secretary'' means the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service.
(2) ''Great Lakes fish and wildlife'' means fauna, fish, and
invertebrates dependent on Great Lakes resources, and located within the
Great Lakes Basin.
(Pub. L. 102-440, title II, 204, Oct. 23, 1992, 106 Stat. 2233.)
16 USC 943c. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated to the Secretary, $250,000 for
each of fiscal years 1993 and 1994 to carry out this chapter.
(Pub. L. 102-440, title II, 205, Oct. 23, 1992, 106 Stat. 2234.)
16 USC CHAPTER 16 -- TUNA CONVENTIONS
TITLE 16 -- CONSERVATION
Sec.
951. Definitions.
952. Commissioners; number, appointment, and qualification.
953. Advisory Committee; composition; appointment; compensation;
duties.
954. Repealed.
955. Secretary of State to act for United States.
(a) Approval of commission bylaws and rules; action on reports,
requests, and recommendations.
(b) Regulations.
(c) Rulemaking procedures; prohibitions.
956. Inspection of returns, records, or other reports.
957. Violations; fines and forfeitures; application of related
laws.
958. Cooperation with other agencies.
(a) Coordination of programs.
(b) Scientific and other programs; facilities and personnel.
(c) Facilities and personnel to non-Federal agencies.
959. Enforcement of chapter.
(a) Issuance of process.
(b) Federal law enforcement agents.
(c) Execution of process.
(d) Arrests.
(e) Seizures and disposition of fish.
(f) Security.
960. Commissions' functions not restrained by this chapter or State
laws.
961. Authorization of appropriations.
16 USC 951. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, the term --
(a) ''convention'' includes (1) the Convention for the Establishment
of an International Commission for the Scientific Investigation of Tuna,
signed at Mexico City, January 25, 1949, by the United States of America
and the United Mexican States, (2) the Convention for the Establishment
of an Inter-American Tropical Tuna Commission, signed at Washington, May
31, 1949, by the United States of America and the Republic of Costa
Rica, or both such conventions, as the context requires;
(b) ''commission'' includes (1) the International Commission for the
Scientific Investigation of Tuna, (2) the Inter-American Tropical Tuna
Commission provided for by the conventions referred to in subsection (a)
of this section, or both such commissions, as the context requires;
(c) ''United States Commissioners'' means the members of the
commissions referred to in subsection (b) of this section representing
the United States of America and appointed pursuant to the terms of the
pertinent convention and section 952 of this title;
(d) ''person'' means every individual, partnership, corporation, and
association subject to the jurisdiction of the United States; and
(e) ''United States'' shall include all areas under the sovereignty
of the United States, the Trust Territory of the Pacific Islands, and
the Canal Zone.
(Sept. 7, 1950, ch. 907, 2, 64 Stat. 777; Oct. 15, 1962, Pub. L.
87-814, 1, 76 Stat. 923.)
For definition of Canal Zone, referred to in subsec. (e), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
1962 -- Subsec. (e). Pub. L. 87-814 substituted definition of
''United States'' for definition of ''enforcement agency''.
Section 14 of act Sept. 7, 1950, provided: ''This Act (this
chapter) shall take effect with respect to each of the conventions upon
the entry into force of that convention, unless such entry into force
shall be prior to the date of approval of this Act (Sept. 7, 1950) in
which case this Act (this chapter) shall take effect immediately.'' The
Costa Rican convention was ratified on March 3, 1950, and the Mexican
convention on July 11, 1950. Therefore, the act took effect upon its
approval on Sept. 7, 1950.
Section 1 of act Sept. 7, 1950, provided: ''That this Act (enacting
this chapter) may be cited as the 'Tuna Conventions Act of 1950'.''
Section 13 of act Sept. 7, 1950, provided: ''If any provision of
this Act (this chapter) or the application of such provision to any
circumstances or persons shall be held invalid, the validity of the
remainder of the Act and the applicability of such provision to other
circumstances or persons shall not be affected thereby.''
Section 6 of Pub. L. 87-814 provided that: ''Nothing in this Act
(amending sections 951, 955 to 957, 959 of this title) shall be
construed to amend or repeal the provisions of section 4311 of the
Revised Statutes, as amended (46 U.S.C. 251).''
16 USC 952. Commissioners; number, appointment, and qualification
TITLE 16 -- CONSERVATION
The United States shall be represented on the two commissions by a
total of not more than four United States Commissioners, who shall be
appointed by the President, serve as such during his pleasure, and
receive no compensation for their services as such Commissioners. Of
such Commissioners --
(a) not more than one shall be a person residing elsewhere than in a
State whose vessels maintain a substantial fishery in the areas of the
conventions;
(b) at least one of the Commissioners who are such legal residents
shall be a person chosen from the public at large, and who is not a
salaried employee of a State or of the Federal Government;
(c) at least one shall be an officer of the Department of Commerce;
and
(d) at least one shall be chosen from a nongovernmental conservation
organization.
(Sept. 7, 1950, ch. 907, 3, 64 Stat. 777; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Oct. 26, 1992, Pub. L.
102-523, 3(a)(1), 106 Stat. 3433.)
1992 -- Par. (d). Pub. L. 102-523 added par. (d).
''Department of Commerce'' substituted in text for ''United States
Fish and Wildlife Service'' in view of: creation of National Oceanic
and Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of Commercial
Fisheries in Department of the Interior and Office of Director of such
Bureau; transfers of functions, including functions formerly vested by
law in Secretary of the Interior or Department of the Interior which
were administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated
functions with respect to Great Lakes fishery research, Missouri River
Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations; and transfer of marine sport fish program of
Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
Secretary of State authorized to designate Alternate United States
Commissioners, see sections 2672a and 2672b of Title 22, Foreign
Relations and Intercourse.
16 USC 953. Advisory Committee; composition; appointment;
compensation; duties
TITLE 16 -- CONSERVATION
The United States Commissioners shall (a) appoint an advisory
committee which shall be composed of not less than five nor more than
fifteen persons who shall be selected from the various groups
participating in the fisheries included under the conventions, and from
nongovernmental conservation organizations, and (b) shall fix the terms
of office of the members of such committee, who shall receive no
compensation for their services as such members. The advisory committee
shall be invited to attend all nonexecutive meetings of the United
States sections and shall be given full opportunity to examine and to be
heard on all proposed programs of investigation, reports,
recommendations, and regulations of the commissions. The advisory
committee may attend all meetings of the international commissions to
which they are invited by such commissions.
(Sept. 7, 1950, ch. 907, 4, 64 Stat. 778; Oct. 26, 1992, Pub. L.
102-523, 3(a)(2), 106 Stat. 3433.)
1992 -- Pub. L. 102-523 inserted ''and from nongovernmental
conservation organizations,'' after ''under the conventions,''.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 954. Repealed. Pub. L. 92-471, title II, 203(b), Oct. 9,
1972, 86 Stat. 787
TITLE 16 -- CONSERVATION
Section, act Sept. 7, 1950, ch. 907, 5, 64 Stat. 778, provided
that service of individuals appointed as United States Commissioners
shall not be treated as service for the purposes of certain sections of
Title 18, Crimes and Criminal Procedure, and Title 5, Government
Organization and Employees.
16 USC 955. Secretary of State to act for United States
TITLE 16 -- CONSERVATION
(a) Approval of commission bylaws and rules; action on reports,
requests, and recommendations
The Secretary of State is authorized to approve or disapprove, on
behalf of the United States Government, bylaws and rules, or amendments
thereof, adopted by each commission and submitted for approval of the
United States Government in accordance with the provisions of the
conventions, and, with the concurrence of the Secretary of Commerce, to
approve or disapprove the general annual programs of the commissions.
The Secretary of State is further authorized to receive, on behalf of
the United States Government, reports, requests, recommendations, and
other communications of the commissions, and to take appropriate action
thereon either directly or by reference to the appropriate authority.
(b) Regulations
Regulations recommended by each commission pursuant to the convention
requiring the submission to the commission of records of operations by
boat captains or other persons who participate in the fisheries covered
by the convention, upon the concurrent approval of the Secretary of
State and the Secretary of Commerce, shall be promulgated by the latter
and upon publication in the Federal Register, shall be applicable to all
vessels and persons subject to the jurisdiction of the United States.
(c) Rulemaking procedures; prohibitions
Regulations required to carry out recommendations of the commission
made pursuant to paragraph 5 of article II of the Convention for the
Establishment of an Inter-American Tropical Tuna Commission shall be
promulgated as hereinafter provided by the Secretary of Commerce upon
approval of such recommendations by the Secretary of State and the
Secretary of Commerce. The Secretary of Commerce shall cause to be
published in the Federal Register a general notice of proposed
rulemaking and shall afford interested persons an opportunity to
participate in the rulemaking through (1) submission of written data,
views, or arguments, and (2) oral presentation at a public hearing.
Such regulations shall be published in the Federal Register and shall be
accompanied by a statement of the considerations involved in the
issuance of the regulations. After publication in the Federal Register
such regulations shall be applicable to all vessels and persons subject
to the jurisdiction of the United States on such date as the Secretary
of Commerce shall prescribe, but in no event prior to an agreed date for
the application by all countries whose vessels engage in fishing for
species covered by the convention in the regulatory area on a meaningful
scale, in terms of effect upon the success of the conservation program,
of effective measures for the implementation of the commission's
recommendations applicable to all vessels and persons subject to their
respective jurisdictions. The Secretary of Commerce shall suspend at
any time the application of any such regulations when, after
consultation with the Secretary of State and the United States
Commissioners, he determines that foreign fishing operations in the
regulatory area are such as to constitute a serious threat to the
achievement of the objectives of the commission's recommendations. The
regulations thus promulgated may include the selection for regulation of
one or more of the species covered by the convention; the division of
the convention waters into areas; the establishment of one or more open
or closed seasons as to each area; the limitation of the size of the
fish and quantity of the catch which may be taken from each area within
any season during which fishing is allowed; the limitation or
prohibition of the incidental catch of a regulated species which may be
retained, taken, possessed, or landed by vessels or persons fishing for
other species of fish; the requiring of such clearance certificates for
vessels as may be necessary to carry out the purposes of the convention
and this chapter; and such other measures incidental thereto as the
Secretary of Commerce may deem necessary to implement the
recommendations of the commission: Provided, That upon the promulgation
of any such regulations the Secretary of Commerce shall promulgate
additional regulations, with the concurrence of the Secretary of State,
which shall become effective simultaneously with the application of the
regulations hereinbefore referred to (1) to prohibit the entry into the
United States, from any country when the vessels of such country are
being used in the conduct of fishing operations in the regulatory area
in such manner or in such circumstances as would tend to diminish the
effectiveness of the conservation recommendations of the commission, of
fish in any form of those species which are subject to regulation
pursuant to a recommendation of the commission and which were taken from
the regulatory area; and (2) to prohibit entry into the United States,
from any country, of fish in any form of those species which are subject
to regulation pursuant to a recommendation of the commission and which
were taken from the regulatory area by vessels other than those of such
country in such manner or in such circumstances as would tend to
diminish the effectiveness of the conservation recommendations of the
commission. In the case of repeated and flagrant fishing operations in
the regulatory area by the vessels of any country which seriously
threaten the achievement of the objectives of the commission's
recommendations, the Secretary of Commerce, with the concurrence of the
Secretary of State, may, in his discretion, also prohibit the entry from
such country of such other species of tuna, in any form, as may be under
investigation by the commission and which were taken in the regulatory
area. The aforesaid prohibitions shall continue until the Secretary of
Commerce is satisfied that the condition warranting the prohibition no
longer exists, except that all fish in any form of the species under
regulation which were previously prohibited from entry shall continue to
be prohibited from entry.
(Sept. 7, 1950, ch. 907, 6, 64 Stat. 778; Oct. 15, 1962, Pub. L.
87-814, 2, 76 Stat. 923; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
1962 -- Subsecs. (a), (b). Pub. L. 87-814 substituted ''Secretary
of the Interior'' for ''head of the enforcement agency''.
Subsec. (c). Pub. L. 87-814 added subsec. (c).
''Secretary of Commerce'' substituted in text for ''Secretary of the
Interior'' in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees.
16 USC 956. Inspection of returns, records, or other reports
TITLE 16 -- CONSERVATION
Any person authorized to carry out enforcement activities under this
chapter and any person authorized by the commissions shall have power
without warrant or other process, to inspect, at any reasonable time,
catch returns, statistical records, or other reports as are required by
regulations adopted pursuant to this chapter to be made, kept, or
furnished.
(Sept. 7, 1950, ch. 907, 7, 64 Stat. 778; Oct. 15, 1962, Pub. L.
87-814, 3, 76 Stat. 924.)
1962 -- Pub. L. 87-814 substituted provisions respecting inspection
of returns, records, or other reports for provisions authorizing a fine
not exceeding $1,000 and proceedings for injunction against fishing for
or possessing the kind of fish covered by the convention for failure to
make, keep, furnish, or refusal to permit inspection of returns,
records, or reports or for furnishing a false return, record, or report.
16 USC 957. Violations; fines and forfeitures; application of
related laws
TITLE 16 -- CONSERVATION
(a) It shall be unlawful for any master or other person in charge of
a fishing vessel of the United States to engage in fishing in violation
of any regulation adopted pursuant to section 955(c) of this title or
for any person knowingly to ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession, or control any
fish taken or retained in violation of such regulations.
(b) It shall be unlawful for the master or any person in charge of
any fishing vessel of the United States or any person on board such
vessel to fail to make, keep, or furnish any catch returns, statistical
records, or other reports as are required by regulations adopted
pursuant to this chapter to be made, kept, or furnished; or to fail to
stop upon being hailed by a duly authorized official of the United
States; or to refuse to permit the duly authorized officials of the
United States or authorized officials of the commissions to board such
vessel or inspect its catch, equipment, books, documents, records, or
other articles or question the persons on board in accordance with the
provisions of this chapter, or the convention, as the case may be.
(c) It shall be unlawful for any person to import, in violation of
any regulation adopted pursuant to section 955(c) of this title, from
any country, any fish in any form of those species subject to regulation
pursuant to a recommendation of the commission, or any tuna in any form
not under regulation but under investigation by the commission, during
the period such fish have been denied entry in accordance with the
provisions of section 955(c) of this title. In the case of any fish as
described in this subsection offered for entry into the United States,
the Secretary of Commerce shall require proof satisfactory to him that
such fish is not ineligible for such entry under the terms of section
955(c) of this title.
(d) Any person violating any provisions of subsection (a) of this
section shall be fined not more than $25,000, and for a subsequent
violation of any provisions of said subsection (a) shall be fined not
more than $50,000.
(e) Any person violating any provision of subsection (b) of this
section shall be fined not more than $1,000, and for a subsequent
violation of any provision of subsection (b) shall be fined not more
than $5,000.
(f) Any person violating any provision of subsection (c) of this
section shall be fined not more than $100,000.
(g) All fish taken or retained in violation of subsection (a) of this
section, or the monetary value thereof, may be forfeited.
(h) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the customs
laws, the disposition of such cargo or the proceeds from the sale
thereof, and the remission or mitigation of such forfeitures shall apply
to seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this chapter, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this chapter.
(Sept. 7, 1950, ch. 907, 8, 64 Stat. 779; Oct. 15, 1962, Pub. L.
87-814, 4, 76 Stat. 924; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
1962 -- Pub. L. 87-814 substituted provisions respecting violations,
fines, and forfeitures, and application of related laws for provisions
respecting enforcement of chapter.
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
955 of this title.
16 USC 958. Cooperation with other agencies
TITLE 16 -- CONSERVATION
(a) Coordination of programs
In order to provide coordination between the general annual programs
of the commissions and programs of other agencies, relating to the
exploration, development, and conservation of fishery resources, the
Secretary of State may recommend to the United States Commissioners that
they consider the relationship of the commissions' programs to those of
such agencies and when necessary arrange, with the concurrence of such
agencies, for mutual cooperation between the commissions and such
agencies for carrying out their respective programs.
(b) Scientific and other programs; facilities and personnel
All agencies of the Federal Government are authorized on request of
the commissions to cooperate in the conduct of scientific and other
programs, or to furnish facilities and personnel for the purpose of
assisting the commissions in the performance of their duties.
(c) Facilities and personnel to non-Federal agencies
The commissions are authorized and empowered to supply facilities and
personnel to existing non-Federal agencies to expedite research work
which in the judgment of the commissions is contributing or will
contribute directly to the purposes of the conventions.
(Sept. 7, 1950, ch. 907, 9, 64 Stat. 779.)
16 USC 959. Enforcement of chapter
TITLE 16 -- CONSERVATION
(a) Issuance of process
The judges of the United States district courts and United States
magistrate judges may, within their respective jurisdictions, upon
proper oath or affirmation showing probable cause, issue such warrants
or other process as may be required for enforcement of this chapter and
the regulations issued pursuant thereto.
(b) Federal law enforcement agents
Enforcement of the provisions of this chapter and the regulations
issued pursuant thereto shall be the joint responsibility of the United
States Coast Guard, the United States Department of Commerce, and the
United States Customs Service. In addition, the Secretary of Commerce
may designate officers and employees of the States of the United States,
of the Commonwealth of Puerto Rico, and of American Samoa to carry out
enforcement activities hereunder. When so designated, such officers and
employees are authorized to function as Federal law enforcement agents
for these purposes.
(c) Execution of process
Any person authorized to carry out enforcement activities hereunder
shall have the power to execute any warrant or process issued by any
officer or court of competent jurisdiction for the enforcement of this
chapter.
(d) Arrests
Such person so authorized shall have the power --
(1) with or without a warrant or other process, to arrest any persons
subject to the jurisdiction of the United States at any place within the
jurisdiction of the United States committing in his presence or view a
violation of this chapter or the regulations issued thereunder;
(2) with or without a warrant or other process, to search any vessel
subject to the jurisdiction of the United States, and, if as a result of
such search he has reasonable cause to believe that such vessel or any
person on board is engaging in operations in violation of the provisions
of this chapter or the regulations issued thereunder, then to arrest
such person.
(e) Seizures and disposition of fish
Such person so authorized may seize, whenever and wherever lawfully
found, all fish taken or retained in violation of the provisions of this
chapter or the regulations issued pursuant thereto. Any fish so seized
may be disposed of pursuant to the order of a court of competent
jurisdiction, pursuant to the provisions of subsection (f) of this
section or, if perishable, in a manner prescribed by regulations of the
Secretary of Commerce.
(f) Security
Notwithstanding the provisions of section 2464 of title 28, when a
warrant of arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the execution of
such process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or stipulation
for the value of the property with sufficient surety to be approved by a
judge of the district court having jurisdiction of the offense,
conditioned to deliver the fish seized, if condemned, without impairment
in value or, in the discretion of the court, to pay its equivalent value
in money or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and judgment
thereon against both the principal and sureties may be recovered in
event of any breach of the conditions thereof as determined by the
court. In the discretion of the accused, and subject to the direction
of the court, the fish may be sold for not less than its reasonable
market value and the proceeds of such sale placed in the registry of the
court pending judgment in the case.
(Sept. 7, 1950, ch. 907, 10, 64 Stat. 779; Oct. 15, 1962, Pub. L.
87-814, 5, 76 Stat. 925; Oct. 17, 1968, Pub. L. 90-578, title IV,
402(b)(2), 82 Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090; Dec. 1, 1990, Pub. L. 101-650, title III,
321, 104 Stat. 5117.)
1962 -- Subsec. (a). Pub. L. 87-814 substituted provisions for
issuance of process for provisions respecting arrest and execution of
process, incorporated in subsecs. (c) and (d)(1) of this section.
Subsec. (b). Pub. L. 87-814 substituted provisions respecting Federal
law enforcement agents for provisions relating to inspections,
incorporated in section 956 of this title.
Subsec. (c). Pub. L. 87-814 substituted provisions for execution of
process, formerly incorporated in subsec. (a), for provisions
respecting the functioning of officers and law enforcement officers,
incorporated in subsec. (b) of this section.
Subsec. (d). Pub. L. 87-814 incorporated provisions of former subsec.
(a) in par. (1) and added par. (2).
Subsecs. (e), (f). Pub. L. 87-814 added subsecs. (e) and (f).
''United States magistrate judges'' substituted for ''United States
magistrates'' in subsec. (a) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure. Previously, ''United States magistrates''
substituted for ''United States commissioners'' pursuant to Pub. L.
90-578. See chapter 43 ( 631 et seq.) of Title 28.
''Customs Service'' substituted for ''Bureau of Customs'' in subsec.
(b) pursuant to Treasury Department Order 165-23, Apr. 4, 1973, eff.
Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money
and Finance.
In subsecs. (b) and (e), ''Department of Commerce'' substituted for
''Department of the Interior'' and ''Secretary of Commerce'' for
''Secretary of the Interior'' pursuant to Reorg. Plan No. 4 of 1970,
see note set out under section 955 of this title.
16 USC 960. Commissions' functions not restrained by this chapter or
State laws
TITLE 16 -- CONSERVATION
None of the prohibitions contained in this chapter or in the laws and
regulations of the States shall prevent the commissions from conducting
or authorizing the conduct of fishing operations and biological
experiments at any time for the purpose of scientific investigations as
authorized by the conventions, or shall prevent the commissions from
discharging any of its or their functions or duties prescribed by the
conventions.
(Sept. 7, 1950, ch. 907, 11, 64 Stat. 779.)
16 USC 961. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated from time to time, out
of any moneys in the Treasury not otherwise appropriated, such sums as
may be necessary to carry out the provisions of each convention and of
this chapter, including --
(a) contributions to each commission for the United States share of
any joint expenses of the commission and the expenses of the United
States Commissioners and their staff, including personal services in the
District of Columbia and elsewhere;
(b) travel expenses without regard to the Standardized Government
Travel Regulations, as amended, subchapter I of chapter 57 of title 5,
or section 5731(a) of title 5;
(c) printing and binding without regard to section 501 of title 44,
or section 5 of title 41;
(d) stenographic and other services by contract, if deemed necessary,
without regard to section 5 of title 41; and
(e) purchase, hire, operation, maintenance, and repair of aircraft,
motor vehicles (including passenger-carrying vehicles), boats and
research vessels.
(Sept. 7, 1950, ch. 907, 12, 64 Stat. 780.)
In par. (b), ''subchapter I of chapter 57 of title 5, or section
5731(a) of title 5'' substituted for ''the Travel Expense Act of 1949,
or section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec. 73b)''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
In par. (c), ''section 501 of title 44'' substituted for ''section
11 of the Act of March 1, 1919 (U.S.C., title 44, sec. 111)'' on
authority of Pub. L. 90-620, 2(b), Oct. 22, 1968, 82 Stat. 1305, the
first section of which enacted Title 44, Public Printing and Documents.
16 USC CHAPTER 16A -- ATLANTIC TUNAS CONVENTION
TITLE 16 -- CONSERVATION
Sec.
971. Definitions.
971a. Commissioners.
(a) Appointment and number; selection of Chairman; rules of
procedure; term.
(b) Alternate Commissioners.
(c) Compensation.
(d) Travel expenses.
971b. Advisory committee.
971b-1. Species working groups.
971c. Authority of Secretary of State; cooperative enforcement
agreements.
(a) Recommendations from Commission.
(b) Enforcement agreements.
971d. Administration.
(a) Regulations; cooperation with other parties to Convention;
utilization of personnel, services, and facilities for enforcement.
(b) Primary enforcement responsibility.
(c) Regulations to carry out Commission recommendations.
(d) Recommended Commission actions regarding large-scale driftnet
fishing and conservation of Atlantic swordfish.
971e. Violations; fines and forfeitures; related laws.
971f. Enforcement.
(a) Particular powers.
(b) International enforcement.
(c) Bonds or stipulations.
971g. Cooperation in carrying out Convention.
(a) Federal and State agencies; private institutions and
organizations.
(b) Scientific and other programs; facilities and personnel.
(c) Fishing operations and biological experiments.
(d) State jurisdiction; preemption by Federal regulations.
(e) Continuing review of State laws and regulations.
971h. Authorization of appropriations.
971i. Biennial reports to Congress regarding bluefin tuna.
16 USC 971. Definitions
TITLE 16 -- CONSERVATION
For the purpose of this chapter --
(1) The term ''Convention'' means the International Convention for
the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14,
1966, including any amendments or protocols which are or become
effective for the United States.
(2) The term ''Commission'' means the International Commission for
the Conservation of Atlantic Tunas provided for in article III of the
Convention.
(3) The term ''Council'' means the Council established within the
International Commission for the Conservation of Atlantic Tunas pursuant
to article V of the Convention.
(4) The term ''fisheries zone'' means the waters included within a
zone contiguous to the territorial sea of the United States, of which
the inner boundary is a line coterminous with the seaward boundary of
each coastal State, and the outer boundary is a line drawn in such a
manner that each point on it is two hundred nautical miles from the
baseline from which the territorial sea is measured; or similar zones
established by other parties to the Convention to the extent that such
zones are recognized by the United States.
(5) The term ''fishing'' means the catching, taking, or fishing for
or the attempted catching, taking, or fishing for any species of fish
covered by the Convention, or any activities in support thereof.
(6) The term ''fishing vessel'' means any vessel engaged in catching
fish or processing or transporting fish loaded on the high seas, or any
vessel outfitted for such activities.
(7) The term ''Panel'' means any panel established by the Commission
pursuant to article VI of the Convention.
(8) The term ''person'' means every individual, partnership,
corporation, and association subject to the jurisdiction of the United
States.
(9) The term ''Secretary'' means the Secretary of Commerce.
(10) The term ''State'' includes each of the States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, and
the territories and possessions of the United States.
(Pub. L. 94-70, 2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94-265,
title IV, 405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L. 95-33, 2, May
26, 1977, 91 Stat. 173.)
1977 -- Par. (4). Pub. L. 95-33 struck out the comma between
''zone'' and ''contiguous'', substituted ''two hundred'' for ''200'',
and substituted a semicolon for a comma after ''is measured''.
1976 -- Par. (4). Pub. L. 94-265, which directed the substitution of
''the waters included within a zone, contiguous to the territorial sea
of the United States, of which the inner boundary is a line coterminous
with the seaward boundary of each coastal state, and the outer boundary
is a line drawn in such a manner that each point on it is 200 nautical
miles from the baseline from which the territorial sea is measured,''
for ''the fisheries zone established pursuant to the Act of October 14,
1966 (80 Stat. 908; 16 U.S.C. 1091-1094)'', was executed by making the
substitution for ''the entire zone established by the United States
under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C.
1091-1094)'', to reflect the probable intent of Congress.
Section 405(b) of Pub. L. 94-265 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect March
1, 1977.''
Section 1 of Pub. L. 94-70 provided: ''That this Act (enacting this
chapter and provisions set out as notes under this section) may be cited
as the 'Atlantic Tunas Convention Act of 1975'.''
Section 11 of Pub. L. 94-70 provided that: ''If any provision of
this Act (this chapter) or the application of such provision to any
circumstance or persons shall be held invalid, the validity of the
remainder of the Act and the applicability of such provision to other
circumstances or persons shall not be affected thereby.''
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
16 USC 971a. Commissioners
TITLE 16 -- CONSERVATION
(a) Appointment and number; selection of Chairman; rules of
procedure; term
(1) The United States shall be represented by not more than three
Commissioners who shall serve as delegates of the United States on the
Commission, and who may serve on the Council and Panels of the
Commission as provided for in the Convention. Such Commissioners shall
be appointed by and serve at the pleasure of the President. Not more
than one such Commissioner shall be a salaried employee of any State or
political subdivision thereof, or the Federal Government. The
Commissioners shall be entitled to select a Chairman and to adopt such
rules of procedure as they find necessary.
(2) Of the Commissioners appointed under paragraph (1) who are not
governmental employees --
(A) one shall be appointed from among individuals with knowledge and
experience regarding commercial fishing in the Atlantic Ocean, Gulf of
Mexico, or Caribbean Sea; and
(B) one shall be appointed from among individuals with knowledge and
experience regarding recreational fishing in the Atlantic Ocean, Gulf of
Mexico, or Caribbean Sea.
(3)(A) The term of a Commissioner shall be three years.
(B) An individual appointed in accordance with paragraph (2) shall
not be eligible to serve more than two consecutive terms as a
Commissioner.
(b) Alternate Commissioners
The Secretary of State, in consultation with the Secretary, may
designate from time to time and for periods of time deemed appropriate
Alternate United States Commissioners to the Commission. Any Alternate
United States Commissioner may exercise at any meeting of the
Commission, Council, any Panel, or the advisory committee established
pursuant to section 971b of this title, all powers and duties of a
United States Commissioner in the absence of any Commissioner appointed
pursuant to subsection (a) of this section for whatever reason. The
number of such Alternate United States Commissioners that may be
designated for any such meeting shall be limited to the number of United
States Commissioners appointed pursuant to subsection (a) of this
section who will not be present at such meeting.
(c) Compensation
The United States Commissioners or Alternate Commissioners, although
officers of the United States while so serving, shall receive no
compensation for their services as such Commissioners or Alternate
Commissioners.
(d) Travel expenses
(1) The Secretary of State shall pay the necessary travel expenses of
United States Commissioners, Alternate United States Commissioners, and
authorized advisors in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(2) The Secretary may reimburse the Secretary of State for amounts
expended by the Secretary of State under this subsection.
(Pub. L. 94-70, 3, Aug. 5, 1975, 89 Stat. 385; Pub. L. 101-627,
title II, 201(a), 203, Nov. 28, 1990, 104 Stat. 4459, 4460.)
1990 -- Subsec. (a). Pub. L. 101-627, 201(a), designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (d). Pub. L. 101-627, 203, added subsec. (d).
Section 201(b) of title II of Pub. L. 101-627 provided that:
''(1) Paragraph (2) of section 3(a) of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971a(a)), as added by this section, shall not
apply to reappointment of an individual as a United States Commissioner
of the International Commission for the Conservation of Atlantic Tunas
(hereinafter in this title (enacting section 971b-1 of this title,
amending this section and sections 971b, 971d, and 971h of this title,
and enacting provisions set out as a note below) referred to as a
'Commissioner') if that individual is serving in that position on the
date of enactment of this Act (Nov. 28, 1990).
''(2) An individual serving a term as a Commissioner on the date of
enactment of this Act shall not, by reason of that term of service, be
ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section,
for reappointment as a Commissioner.''
Section 202 of Pub. L. 101-627 provided that: ''The term as
Commissioner of each individual serving in that position on the date of
enactment of this Act (Nov. 28, 1990) shall terminate March 1, 1991.
Not later than that date, the President shall complete appointment (or
reappointment) of individuals to serve as Commissioners on and after
that date.''
16 USC 971b. Advisory committee
TITLE 16 -- CONSERVATION
There is established an advisory committee which shall be composed of
--
(1) not less than five nor more than twenty individuals appointed by
the United States Commissioners who shall select such individuals from
the various groups concerned with the fisheries covered by the
Convention; and
(2) the chairmen (or their designees) of the New England,
Mid-Atlantic, South Atlantic, Caribbean, and Gulf Fishery Management
Councils established under section 1852(a) of this title.
Each member of the advisory committee appointed under paragraph (1)
shall serve for a term of two years and shall be eligible for
reappointment. Members of the advisory committee may attend all public
meetings of the Commission, Council, or any Panel and any other meetings
to which they are invited by the Commission, Council, or any Panel. The
advisory committee shall be invited to attend all nonexecutive meetings
of the United States Commissioners and at such meetings shall be given
opportunity to examine and to be heard on all proposed programs of
investigation, reports, recommendations, and regulations of the
Commission. Members of the advisory committee shall receive no
compensation for their services as such members. The Secretary and the
Secretary of State may pay the necessary travel expenses of members of
the advisory committee in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(Pub. L. 94-70, 4, Aug. 5, 1975, 89 Stat. 386; Pub. L. 96-339,
1(1), Sept. 4, 1980, 94 Stat. 1069; Pub. L. 101-627, title II, 204,
Nov. 28, 1990, 104 Stat. 4460.)
1990 -- Pub. L. 101-627 amended last sentence generally. Prior to
amendment, last sentence read as follows: ''On approval by the United
States Commissioners --
''(A) if not more than three members of the advisory committee are
designated by the committee to attend any meeting of the Commission,
Council, or advisory committee, or of any Panel, each of such members
shall be paid for his actual transportation expenses and per diem
incident to his attendance; and
''(B) in any case in which more than three members are designated by
the advisory committee to attend any such meeting, each such member to
whom subparagraph (A) does not apply may be paid for his actual
transportation expenses and per diem incident to his attendance.''
1980 -- Pub. L. 96-339 incorporated existing provision in par.
designated (1), added par. (2), redesignated as subpars. (A) and (B)
former pars. (1) and (2), substituted in subpar. (B) reference to
''subparagraph (A)'' for ''paragraph (1)'', and made specific reference
to appointment of committee member under paragraph (1).
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided for by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
16 USC 971b-1. Species working groups
TITLE 16 -- CONSERVATION
The United States Commissioners may establish species working groups
for the purpose of providing advice and recommendations to the
Commissioners and the advisory committee on matters relating to the
conservation and management of any highly migratory species covered by
the Convention. Any species working group shall consist of no more than
seven members of the advisory committee and no more than four scientific
or technical personnel, as considered necessary by the Commissioner.
(Pub. L. 94-70, 4A, as added Pub. L. 101-627, title II, 205, Nov.
28, 1990, 104 Stat. 4460.)
16 USC 971c. Authority of Secretary of State; cooperative enforcement
agreements
TITLE 16 -- CONSERVATION
(a) Recommendations from Commission
The Secretary of State is authorized to receive on behalf of the
United States, reports, requests, and other communications of the
Commission, and to act thereon directly or by reference to the
appropriate authorities. The Secretary of State, with the concurrence
of the Secretary and, for matters relating to enforcement, the Secretary
of the department in which the Coast Guard is operating, is authorized
to take appropriate action on behalf of the United States with regard to
recommendations received from the Commission pursuant to article VIII of
the Convention. The Secretary and, when appropriate, the Secretary of
the department in which the Coast Guard is operating, shall inform the
Secretary of State as to what action he considers appropriate within
five months of the date of the notification of the recommendation from
the Commission, and again within forty-five days of the additional
sixty-day period provided by the Convention if any objection is
presented by another contracting party to the Convention, or within
thirty days of the date of the notification of an objection made within
the additional sixty-day period, whichever date shall be the later.
After any notification from the Commission that an objection of the
United States is to be considered as having no effect, the Secretary
shall inform the Secretary of State as to what action he considers
appropriate within forty-five days of the sixty-day period provided by
the Convention for reaffirming objections. The Secretary of State shall
take steps under the Convention to insure that a recommendation pursuant
to article VIII of the Convention does not become effective for the
United States prior to its becoming effective for all contracting
parties conducting fisheries affected by such recommendation on a
meaningful scale in terms of their effect upon the success of the
conservation program, unless he determines, with the concurrence of the
Secretary, and, for matters relating to enforcement, the Secretary of
the department in which the Coast Guard is operating, that the purposes
of the Convention would be served by allowing a recommendation to take
effect for the United States at some earlier time.
(b) Enforcement agreements
The Secretary of State, in consultation with the Secretary and the
Secretary of the department in which the Coast Guard is operating, is
authorized to enter into agreements with any contracting party, pursuant
to paragraph 3 of article IX of the Convention, relating to cooperative
enforcement of the provisions of the Convention, recommendations in
force for the United States and such party or parties under the
Convention, and regulations adopted by the United States and such
contracting party or parties pursuant to recommendations of the
Commission. Such agreements may authorize personnel of the United
States to enforce measures under the Convention and under regulations of
another party with respect to persons under that party's jurisdiction,
and may authorize personnel of another party to enforce measures under
the Convention and under United States regulations with respect to
persons subject to the jurisdiction of the United States. Enforcement
under such an agreement may not take place within the territorial seas
or fisheries zone of the United States. Such agreements shall not
subject persons or vessels under the jurisdiction of the United States
to prosecution or assessment of penalties by any court or tribunal of a
foreign country.
(Pub. L. 94-70, 5, Aug. 5, 1975, 89 Stat. 386.)
16 USC 971d. Administration
TITLE 16 -- CONSERVATION
(a) Regulations; cooperation with other parties to Convention;
utilization of personnel, services, and facilities for enforcement
The Secretary is authorized and directed to administer and enforce
all of the provisions of the Convention, this chapter, and regulations
issued pursuant thereto, except to the extent otherwise provided for in
this chapter. In carrying out such functions the Secretary is
authorized and directed to adopt such regulations as may be necessary to
carry out the purposes and objectives of the Convention and this
chapter, and with the concurrence of the Secretary of State, he may
cooperate with the duly authorized officials of the government of any
party to the Convention. In addition, the Secretary may utilize, with
the concurrence of the Secretary of the department in which the Coast
Guard is operating insofar as such utilization involves enforcement at
sea, with or without reimbursement and by agreement with any other
Federal department or agency, or with any agency of any State, the
personnel, services, and facilities of that agency for enforcement
purposes with respect to any vessel in the fisheries zone, or wherever
found, with respect to any vessel documented under the laws of the
United States, and any vessel numbered or otherwise licensed under the
laws of any State. When so utilized, such personnel of the States of
the United States are authorized to function as Federal law enforcement
agents for these purposes, but they shall not be held and considered as
employees of the United States for the purposes of any laws administered
by the Director of the Office of Personnel Management.
(b) Primary enforcement responsibility
Enforcement activities at sea under the provisions of this chapter
for fishing vessels subject to the jurisdiction of the United States
shall be primarily the responsibility of the Secretary of the department
in which the Coast Guard is operating, in cooperation with the Secretary
and the United States Customs Service. The Secretary after consultation
with the Secretary of the department in which the Coast Guard is
operating, shall adopt such regulations as may be necessary to provide
for procedures and methods of enforcement pursuant to article IX of the
Convention.
(c) Regulations to carry out Commission recommendations
(1)(A) Upon favorable action by the Secretary of State under section
971c(a) of this title on any recommendation of the Commission made
pursuant to article VIII of the Convention, the Secretary shall
promulgate, pursuant to this subsection, such regulations as may be
necessary and appropriate to carry out such recommendation.
(B) Not later than June 30, 1991, the Secretary shall promulgate any
additional regulations necessary to ensure that the United States is in
full compliance with all recommendations made by the Commission that
have been accepted by the United States and with other agreements under
the Convention between the United States and any nation which is a party
to the Convention.
(C) Regulations promulgated under this paragraph shall, to the extent
practicable, be consistent with fishery management plans prepared and
implemented under the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.).
(2) To promulgate regulations referred to in paragraph (1) of this
subsection, the Secretary shall publish in the Federal Register a
general notice of proposed rulemaking and shall afford interested
persons an opportunity to participate in the rulemaking through (A)
submission of written data, views, or arguments, and (B) oral
presentation at a public hearing. Such regulations shall be published
in the Federal Register and shall be accompanied by a statement of the
considerations involved in the issuance of the regulations, and by a
statement, based on inquiries and investigations, assessing the nature
and effectiveness of the measures for the implementation of the
Commission's recommendations which are being or will be carried out by
countries whose vessels engage in fishing the species subject to such
recommendations within the waters to which the Convention applies.
After publication in the Federal Register, such regulations shall be
applicable to all vessels and persons subject to the jurisdiction of the
United States on such date as the Secretary shall prescribe. The
Secretary shall suspend at any time the application of any such
regulation when, after consultation with the Secretary of State and the
United States Commissioners, he determines that fishing operations in
the Convention area of a contracting party for whom the regulations are
effective are such as to constitute a serious threat to the achievement
of the Commission's recommendations.
(3) The regulations required to be promulgated under paragraph (1) of
this subsection may --
(A) select for regulation one or more of the species covered by the
Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed seasons as to each such
area;
(D) limit the size of the fish and quantity of the catch which may be
taken from each area within any season during which fishing is allowed;
(E) limit or prohibit the incidental catch of a regulated species
which may be retained, taken, possessed, or landed by vessels or persons
fishing for other species of fish;
(F) require records of operations to be kept by any master or other
person in charge of any fishing vessel;
(G) require such clearance certificates for vessels as may be
necessary to carry out the purposes of the Convention and this chapter;
(H) require proof satisfactory to the Secretary that any fish subject
to regulation pursuant to a recommendation of the Commission offered for
entry into the United States has not been taken or retained contrary to
the recommendations of the Commission made pursuant to article VIII of
the Convention which have been adopted as regulations pursuant to this
section;
(I) require any commercial or recreational fisherman to obtain a
permit from the Secretary and report the quantity of the catch of a
regulated species;
(J) require that observers be carried aboard fishing vessels for the
purpose of providing statistically reliable scientific data; and
(K) impose such other requirements and provide for such other
measures as the Secretary may determine necessary to implement any
recommendation of the Convention or to obtain scientific data necessary
to accomplish the purpose of the Convention;
except that no regulation promulgated under this section may have the
effect of increasing or decreasing any allocation or quota of fish to
the United States agreed to pursuant to a recommendation of the
Commission.
(4) Upon the promulgation of regulations provided for in paragraph
(3) of this subsection, the Secretary shall promulgate, with the
concurrence of the Secretary of State and pursuant to the procedures
prescribed in paragraph (2) of this subsection, additional regulations
which shall become effective simultaneously with the application of the
regulations provided for in paragraph (3) of this subsection, which
prohibit --
(A) the entry into the United States of fish in any form of those
species which are subject to regulation pursuant to a recommendation of
the Commission and which were taken from the Convention area in such
manner or in such circumstances as would tend to diminish the
effectiveness of the conservation recommendations of the Commission;
and
(B) the entry into the United States, from any country when the
vessels of such country are being used in the conduct of fishing
operations in the Convention area in such manner or in such
circumstances as would tend to diminish the effectiveness of the
conservation recommendations of the Commission, of fish in any form of
those species which are subject to regulation pursuant to a
recommendation of the Commission and which were taken from the
Convention area.
(5) In the case of repeated and flagrant fishing operations in the
Convention area by the vessels of any country which seriously threaten
the achievement of the objectives of the Commission's recommendations,
the Secretary with the concurrence of the Secretary of State, may by
regulations promulgated pursuant to paragraph (2) of this subsection
prohibit the entry in any form from such country of other species
covered by the Convention as may be under investigation by the
Commission and which were taken in the Convention area. Any such
prohibition shall continue until the Secretary is satisfied that the
condition warranting the prohibition no longer exists, except that all
fish in any form of the species under regulation which were previously
prohibited from entry shall continue to be prohibited from entry.
(d) Recommended Commission actions regarding large-scale driftnet
fishing and conservation of Atlantic swordfish
(1) It is the sense of the Congress that the Secretary, in
consultation with the Secretary of State, should seek support for a
recommendation by the Commission to ban large-scale driftnet fishing (as
that term is defined in section 3(16) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1802(16))) in the Convention
area.
(2) The Secretary, in consultation with the Secretary of State, shall
request the Commission to adopt recommendations necessary for the
conservation and management of Atlantic swordfish. In making the
request, the Secretary shall seek the establishment of an international
minimum harvest size and a reduction in harvest levels to the extent
necessary to conserve the stock. Until the Commission adopts all the
conservation and management measures requested by the Secretary, the
Secretary, within 3 months after each annual meeting of the Commission,
shall notify Congress as to the nature and results of his request.
These notifications shall identify those nations not acting to conserve
and manage Atlantic swordfish, and recommend measures which could be
taken to achieve effective international conservation and management of
the stock.
(Pub. L. 94-70, 6, Aug. 5, 1975, 89 Stat. 387; 1978 Reorg. Plan No.
2, 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L.
101-627, title II, 206, 207, Nov. 28, 1990, 104 Stat. 4461.)
The Magnuson Fishery Conservation and Management Act, referred to in
subsec. (c)(1)(C), 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.
1990 -- Subsec. (c)(1). Pub. L. 101-627, 206(a), designated
existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (c)(3). Pub. L. 101-627, 206(b), added subpars. (I) to (K)
and concluding provisions and struck out former subpar. (I) which read
as follows: ''impose such other requirements and provide for such other
measures as the Secretary may deem necessary to implement any
recommendation of the Commission.''
Subsec. (d). Pub. L. 101-627, 207, amended subsec. (d) generally,
substituting provisions relating to recommended Commission actions
regarding large-scale driftnet fishing and conservation of Atlantic
swordfish for provisions relating to Commission recommendations
concerning bluefin tuna and issuance of regulations.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (a) pursuant to Reorg. Plan
No. 2 of 1978, 102, 43 F.R. 36037, 92 Stat. 3783, set out under
section 1101 of Title 5, Government Organization and Employees, which
transferred functions vested by statute in the Civil Service Commission
to Director of Office of Personnel Management (except as otherwise
specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section
1101 of Title 5.
16 USC 971e. Violations; fines and forfeitures; related laws
TITLE 16 -- CONSERVATION
(a) It shall be unlawful --
(1) for any person in charge of a fishing vessel or any fishing
vessel subject to the jurisdiction of the United States to engage in
fishing in violation of any regulation adopted pursuant to section 971d
of this title; or
(2) for any person subject to the jurisdiction of the United States
to ship, transport, purchase, sell, offer for sale, import, export, or
have in custody, possession, or control any fish which he knows, or
should have known, were taken or retained contrary to the
recommendations of the Commission made pursuant to article VIII of the
Convention and adopted as regulations pursuant to section 971d of this
title, without regard to the citizenship of the person or vessel which
took the fish.
(b) It shall be unlawful for the master or any person in charge of
any fishing vessel subject to the jurisdiction of the United States to
fail to make, keep, or furnish any catch returns, statistical records,
or other reports as are required by regulations adopted pursuant to this
chapter to be made, kept, or furnished by such master or person.
(c) It shall be unlawful for the master or any person in charge of
any fishing vessel subject to the jurisdiction of the United States to
refuse to permit any person authorized to enforce the provisions of this
chapter and any regulations adopted pursuant thereto, to board such
vessel and inspect its catch, equipment, books, documents, records, or
other articles or question the persons onboard in accordance with the
provisions of this chapter, or the Convention, as the case may be, or to
obstruct such officials in the execution of such duties.
(d) It shall be unlawful for any person to import, in violation of
any regulation adopted pursuant to section 971d(c) or (d) /1/ of this
title, from any country, any fish in any form of those species subject
to regulation pursuant to a recommendation of the Commission, or any
fish in any form not under regulation but under investigation by the
Commission, during the period such fish have been denied entry in
accordance with the provisions of section 971d(c) or (d) /1/ of this
title. In the case of any fish as described in this subsection offered
for entry in the United States, the Secretary shall require proof
satisfactory to him that such fish is not ineligible for such entry
under the terms of section 971d(c) or (d) /1/ of this title.
(e)(1) Any person who --
(A) violates any provision of subsection (a) of this section shall be
assessed a civil penalty of not more than $25,000, and for any
subsequent violation of such subsection (a) shall be assessed a civil
penalty of not more than $50,000;
(B) violates any provision of subsection (b) or (c) of this section
shall be assessed a civil penalty of not more than $1,000, and for any
subsequent violation of such subsection (b) or (c) shall be assessed a
civil penalty of not more than $5,000; or
(C) violates any provision of subsection (d) of this section shall be
assessed a civil penalty of not more than $100,000.
(2) The Secretary is responsible for the assessment of the civil
penalties provided for in paragraph (1). The Secretary may remit or
mitigate any civil penalty assessed by him under this subsection for
good cause shown.
(3) No penalty shall be assessed under this subsection unless the
person accused of committing any violation is given notice and
opportunity for a hearing with respect to such violation.
(4) Upon any failure of any person to pay a penalty assessed under
this subsection, the Secretary may request the Attorney General to
institute a civil action in a district court of the United States for
any district in which such person is found, resides, or transacts
business to collect the penalty and such court shall have jurisdiction
to hear and decide any such action.
(f) All fish taken or retained in violation of subsection (a) of this
section, or the monetary value thereof, may be forfeited.
(g) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the customs
laws, the disposition of such cargo or the proceeds from the sale
thereof, and the remission or mitigation of such forfeitures shall apply
to seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this chapter, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this chapter.
(Pub. L. 94-70, 7, Aug. 5, 1975, 89 Stat. 390.)
Section 971d(d) of this title, referred to in subsec. (d), was
amended generally by Pub. L. 101-627, title II, 207, Nov. 28, 1990,
104 Stat. 4461. Prior to amendment, subsec. (d) related to Commission
recommendations concerning bluefin tuna and issuance of regulations in
that regard.
/1/ See References in Text note below.
16 USC 971f. Enforcement
TITLE 16 -- CONSERVATION
(a) Particular powers
Any person authorized in accordance with the provisions of this
chapter to enforce the provisions of this chapter and the regulations
issued thereunder may --
(1) with or without a warrant, board any vessel subject to the
jurisdiction of the United States and inspect such vessel and its catch
and, if as a result of such inspection, he has reasonable cause to
believe that such vessel or any person on board is engaging in
operations in violation of this chapter or any regulations issued
thereunder, he may, with or without a warrant or other process, arrest
such person;
(2) arrest, with or without a warrant, any person who violates the
provisions of this chapter or any regulation issued thereunder in his
presence or view;
(3) execute any warrant or other process issued by an officer or
court of competent jurisdiction; and
(4) seize, whenever and wherever lawfully found, all fish taken or
retained by a vessel subject to the jurisdiction of the United States in
violation of the provisions of this chapter or any regulations issued
pursuant thereto. Any fish so seized may be disposed of pursuant to an
order of a court of competent jurisdiction, or, if perishable, in a
manner prescribed by regulation of the Secretary.
(b) International enforcement
To the extent authorized under the convention or by agreements
between the United States and any contracting party concluded pursuant
to section 971c(b) of this title for international enforcement, the duly
authorized officials of such party shall have the authority to carry out
the enforcement activities specified in subsection (a) of this section
with respect to persons or vessels subject to the jurisdiction of the
United States, and the officials of the United States authorized
pursuant to this section shall have the authority to carry out the
enforcement activities specified in subsection (a) of this section with
respect to persons or vessels subject to the jurisdiction of such party,
except that where any agreement provides for arrest or seizure of
persons or vessels under United States jurisdiction it shall also
provide that the person or vessel arrested or seized shall be promptly
handed over to a United States enforcement officer or another authorized
United States official.
(c) Bonds or stipulations
Notwithstanding the provisions of section 2464 of title 28, when a
warrant of arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the execution of
such process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or stipulation
for the value of the property with sufficient surety to be approved by a
judge of the district court having jurisdiction of the offense,
conditioned to deliver the fish seized, if condemned, without impairment
in value or, in the discretion of the court, to pay its equivalent value
in money or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and judgment
thereon against both the principal and sureties may be recovered in
event of any breach of the conditions thereof as determined by the
court. In the discretion of the accused, and subject to the direction
of the court, the fish may be sold for not less than its reasonable
market value at the time of seizure and the proceeds of such sale placed
in the registry of the court pending judgment in the case.
(Pub. L. 94-70, 8, Aug. 5, 1975, 89 Stat. 391.)
16 USC 971g. Cooperation in carrying out Convention
TITLE 16 -- CONSERVATION
(a) Federal and State agencies; private institutions and
organizations
The United States Commissioners, through the Secretary of State and
with the concurrence of the agency, institution, or organization
concerned, may arrange for the cooperation of agencies of the United
States Government, and of State and private institutions and
organizations in carrying out the provisions of article IV of the
Convention.
(b) Scientific and other programs; facilities and personnel
All agencies of the Federal Government are authorized, upon the
request of the Commission, to cooperate in the conduct of scientific and
other programs, and to furnish facilities and personnel for the purpose
of assisting the Commission in carrying out its duties under the
Convention.
(c) Fishing operations and biological experiments
None of the prohibitions deriving from this chapter, or contained in
the laws or regulations of any State, shall prevent the Commission from
conducting or authorizing the conduct of fishing operations and
biological experiments at any time for purposes of scientific
investigation, or shall prevent the Commission from discharging any
other duties prescribed by the Convention.
(d) State jurisdiction; preemption by Federal regulations
(1) Except as provided in paragraph (2) of this subsection, nothing
in this chapter shall be construed so as to diminish or to increase the
jurisdiction of any State in the territorial sea of the United States.
(2) In the event a State does not request a formal hearing and after
notice by the Secretary, the regulations promulgated pursuant to this
chapter to implement recommendations of the Commission shall apply
within the boundaries of any State bordering on any Convention area if
the Secretary determines that any such State --
(A) has not, within a reasonable period of time after the
promulgation of regulations pursuant to this chapter, enacted laws or
promulgated regulations which implement any such recommendation of the
Commission within the boundaries of such State; or
(B) has enacted laws or promulgated regulations which (i) are less
restrictive than the regulations promulgated pursuant to this chapter,
or (ii) are not effectively enforced.
If a State requests the opportunity for an agency hearing on the
record, the Secretary shall not apply regulations promulgated pursuant
to this chapter within that State's boundaries unless the hearing record
supports a determination under paragraph (A) or (B). Such regulations
shall apply until the Secretary determines that the State is effectively
enforcing within its boundaries measures which are not less restrictive
than such regulations.
(e) Continuing review of State laws and regulations
To insure that the purposes of subsection (d) of this section are
carried out, the Secretary shall undertake a continuing review of the
laws and regulations of all States to which subsection (d) of this
section applies or may apply and the extent to which such laws and
regulations are enforced.
(Pub. L. 94-70, 9, Aug. 5, 1975, 89 Stat. 392.)
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
16 USC 971h. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated to carry out this chapter,
including use for payment of the United States share of the joint
expenses of the Commission as provided in article X of the Convention,
not more than $2,000,000 for each of the fiscal years 1989, 1990, 1991,
1992, and 1993.
(Pub. L. 94-70, 10, Aug. 5, 1975, 89 Stat. 393; Pub. L. 95-33, 1,
May 26, 1977, 91 Stat. 173; Pub. L. 96-339, 1(2), Sept. 4, 1980, 94
Stat. 1069; Pub. L. 98-44, title I, 101, July 12, 1983, 97 Stat. 216;
Pub. L. 99-659, title IV, 404, Nov. 14, 1986, 100 Stat. 3737; Pub. L.
101-627, title II, 208, Nov. 28, 1990, 104 Stat. 4462.)
1990 -- Pub. L. 101-627 amended section generally, substituting
provisions authorizing appropriations for fiscal years 1989 to 1993 for
provisions authorizing appropriations for fiscal years 1986 to 1989 and
striking out provisions relating to use of sums for travel expenses.
1986 -- Pub. L. 99-659 substituted authorization of appropriations
for fiscal years 1986 through 1989 for former authorization of
appropriations for fiscal year 1976, the period beginning July 1, 1976,
and ending Sept. 30, 1976, and fiscal years 1977 through 1986.
1983 -- Pub. L. 98-44 authorized appropriations for fiscal years
1984 through 1986.
1980 -- Pub. L. 96-339 authorized appropriations for fiscal years
1981 through 1983.
1977 -- Pub. L. 95-33 authorized appropriations for fiscal years
1978 through 1980.
16 USC 971i. Biennial reports to Congress regarding bluefin tuna
TITLE 16 -- CONSERVATION
The Secretary of Commerce shall prepare, for each biennial period
commencing with the period covering calendar years 1981 and 1982, and
submit to the Congress a report setting forth, with respect to such
biennial period --
(1) the level of taking of bluefin tuna by United States fishermen in
the Convention area as defined in Article I of the International
Convention for the Conservation of Atlantic Tunas;
(2) the status of bluefin tuna stocks within such Convention area and
the trends in their population level; and
(3) related information resulting from the implementation of the
observer program under section 1827 of this title.
The report required under this section shall be submitted to the
Congress within sixty days after the close of the biennial period
covered by the report. There are authorized to be appropriated such
sums as may be necessary to carry out this section.
(Pub. L. 96-339, 3, Sept. 4, 1980, 94 Stat. 1070.)
Section was not enacted as part of the Atlantic Tunas Convention Act
of 1975 which comprises this chapter.
16 USC CHAPTER 16B -- EASTERN PACIFIC TUNA FISHING
TITLE 16 -- CONSERVATION
Sec.
972. Definitions.
972a. United States representation on the Council.
(a) Appointment by Secretary of State.
(b) Qualification.
(c) Compensation.
(d) Travel expenses.
972b. Secretary of State to act for United States.
972c. Application to other laws.
972d. Disposition of fees.
972e. Regulations.
972f. Prohibited acts.
(a) Unlawful acts.
(b) Penalties.
(c) Forfeiture.
(d) Application of laws relating to seizures and forfeitures.
972g. Enforcement.
(a) Warrants.
(b) Joint responsibility for enforcement.
(c) Execution of warrants and process.
(d) Arrest; search.
(e) Seizure.
(f) Bond or stipulation for value of the property.
972h. Authorization of appropriations.
16 USC 972. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter --
(1) The term ''Agreement'' means the Eastern Pacific Ocean Tuna
Fishing Agreement, signed in San Jose, Costa Rica, March 15, 1983.
(2) The term ''Agreement Area'' means the area within a perimeter
determined as follows: From the point on the mainland where the
parallel of 40 degrees north latitude intersects the coast westward
along the parallel of 40 degrees north latitude to 40 degrees north
latitude by 125 degrees west longitude, thence southerly along the
meridian of 125 degrees west longitude to 20 degrees north latitude by
125 degrees west longitude, thence easterly along the parallel of 20
degrees north latitude to 20 degrees north latitude by 120 degrees west
longitude, thence southerly along the meridian of 120 degrees west
longitude to 5 degrees north latitude by 120 degrees west longitude,
thence easterly along the parallel of 5 degrees north latitude to 5
degrees north latitude by 110 degrees west longitude, thence southerly
along the meridian of 110 degrees west longitude to 10 degrees south
latitude by 110 degrees west longitude, thence easterly along the
parallel of 10 degrees south latitude to 10 degrees south latitude by 90
degrees west longitude, thence southerly along the meridian of 90
degrees west longitude to 30 degrees south latitude by 90 degrees west
longitude, thence easterly along the parallel of 30 degrees south
latitude to the point on the mainland where the parallel intersects the
coast; but the Agreement Area does not include the zones within twelve
nautical miles of the baseline from which the breadth of territorial sea
is measured and the zones within two hundred nautical miles of the
baselines of Coastal States not signatories to the Agreement, measured
from the same baseline.
(3) The term ''designated species of tuna'' means yellowfin tuna,
Thunnus albacares (Bonnaterre, 1788); bigeye tuna, Thunnus obesus
(Lowe, 1839); albacore tuna, Thunnus alalunga (Bonnaterre, 1788);
northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758); southern
bluefin tuna, Thunnus maccoyil (Castelnau, 1872); skipjack tuna,
Katsuwonus pelamis (Linnaeus /1/ 1578); black skipjack, Euthynnus
Lineatus (Kishinouye /1/ 1920); kawakawa, Euthynnus affinis (Cantor,
1849); bullet tuna, Auxis rochei (Risso, 1810), /2/ frigate tuna, Ausix
/3/ thazard (Lacepede, 1800); eastern Pacific bonito, Sarda chiliensis
(Cuvier in Cuvier and Valenciennes, 1831); and Indo-Pacific bonito,
Sarda orientalis (Temminck and Schlegel, 1844).
(4) The term ''Council'' means the body consisting of the
representatives from each Contracting Party to the Agreement which is a
Coastal State of the eastern Pacific Ocean or a member of the
Inter-American Tropical Tuna Commission at the time of entry into force
of the Agreement.
(Pub. L. 98-445, 2, Oct. 4, 1984, 98 Stat. 1715.)
Section 1 of Pub. L. 98-445 provided: ''That this Act (enacting
this chapter) may be cited as the 'Eastern Pacific Tuna Licensing Act of
1984'.''
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
/1/ So in original. Probably should be followed by a comma.
/2/ So in original. The comma probably should be a semicolon.
/3/ So in original. Probably should be ''Auxis''.
16 USC 972a. United States representation on the Council
TITLE 16 -- CONSERVATION
(a) Appointment by Secretary of State
The Secretary of State --
(1) shall appoint a United States representative to the Council; and
(2) may appoint not more than three alternate United States
representatives to the Council.
(b) Qualification
An individual is not eligible for appointment as, or to serve as, the
United States representative under subsection (a)(1) of this section
unless the individual is an officer or employee of the United States
Government.
(c) Compensation
An individual is not entitled to compensation for serving as the
United States representative or an alternate United States
representative.
(d) Travel expenses
While away from home or a regular place of business in the
performance of service as the United States representative or an
alternate United States representative, an individual is entitled to
travel expenses, including per diem in lieu of subsistence, in the same
manner as individuals employed intermittently in Government service are
allowed expenses under section 5703(b) /1/ of title 5.
(Pub. L. 98-445, 3, Oct. 4, 1984, 98 Stat. 1716.)
Section 5703 of title 5, referred to in subsec. (d), was amended
generally by Pub. L. 94-22, 4, May 19, 1975, 89 Stat. 85, and, as so
amended, does not contain a subsec. (b).
/1/ See References in Text note below.
16 USC 972b. Secretary of State to act for United States
TITLE 16 -- CONSERVATION
The Secretary of State shall receive, on behalf of the United States
Government, reports, requests, recommendations and other communications
of the Council, and, in consultation with the Secretary of Commerce,
shall act directly thereon or by reference to the appropriate
authorities.
(Pub. L. 98-445, 4, Oct. 4, 1984, 98 Stat. 1716.)
16 USC 972c. Application to other laws
TITLE 16 -- CONSERVATION
(a) Notwithstanding section 4 of the Fishermen's Protective Act of
1967 (22 U.S.C. 1974), such Act (22 U.S.C. 1971 et seq.) applies with
respect to a seizure by a Contracting Party to the Agreement of a vessel
of the United States within the Agreement Area for violation of the
Agreement if the Secretary of State determines that the violation is not
of such seriousness as to diminish the effectiveness of the Agreement.
(b) The seizure by a Contracting Party to the Agreement of a vessel
of the United States shall not be considered to be a seizure described
in section 1825(a)(4)(C) of this title if the seizure is consistent with
the Agreement.
(Pub. L. 98-445, 5, Oct. 4, 1984, 98 Stat. 1716.)
The Fishermen's Protective Act of 1967, referred to in subsec. (a),
is act Aug. 27, 1954, ch. 1018, 68 Stat. 883, as amended, which is
classified generally to chapter 25 ( 1971 et seq.) of Title 22, Foreign
Relations and Intercourse. For complete classification of this Act to
the Code, see Short Title note set out under section 1971 of Title 22
and Tables.
16 USC 972d. Disposition of fees
TITLE 16 -- CONSERVATION
All fees accruing to the United States under Article III of the
Agreement shall be deposited into the Treasury of the United States.
(Pub. L. 98-445, 6, Oct. 4, 1984, 98 Stat. 1716.)
16 USC 972e. Regulations
TITLE 16 -- CONSERVATION
The Secretary of Commerce, in cooperation with the Secretary of State
and the Secretary of the department in which the Coast Guard is
operating, shall issue such regulations as may be necessary to carry out
the purposes and objectives of the Agreement and this chapter.
Regulations may be made applicable as necessary to all persons and
vessels subject to the jurisdiction of the United States, wherever
located. Regulations concerning the conservation of a designated
species of tuna may be issued only to implement conservation
recommendations made by the Council under Article 3(D) of the Agreement.
(Pub. L. 98-445, 7, Oct. 4, 1984, 98 Stat. 1716.)
16 USC 972f. Prohibited acts
TITLE 16 -- CONSERVATION
(a) Unlawful acts
It is unlawful for any person subject to the jurisdiction of the
United States --
(1) to engage in fishing for a designated species of tuna within the
Agreement Area unless issued a license under the Agreement authorizing
such fishing;
(2) to engage in fishing for a designated species of tuna within the
Agreement area /1/ in contravention of regulations promulgated by the
Secretary of Commerce under the Agreement;
(3) knowingly to ship, transport, purchase, sell, offer for sale,
export, or have in custody, possession, or control any designated
species of tuna taken or retained in violation of regulations issued
under section 972e of this title;
(4) to fail to make, keep, or furnish any catch return, statistical
record, or other report required by regulations issued under section
972e of this title;
(5) being a person in charge of a vessel of the United States, to
fail to stop upon being hailed by an authorized official of the United
States, or to refuse to permit officials of the United States to board
the vessel or inspect its catch, equipment, books, documents, records,
or other articles, or to question individuals on board; or
(6) to import from any country, in violation of any regulation issued
under section 972e of this title, any designated species of tuna.
(b) Penalties
Any person who is convicted of violating --
(1) subsection (a)(1), (a)(2), or (a)(3) of this section shall be
fined or assessed a civil penalty not more than $25,000, and for a
subsequent violation shall be fined or assessed a civil penalty not more
than $50,000;
(2) subsection (a)(4) or (a)(5) of this section shall be fined or
assessed a civil penalty not more than $5,000, and for a subsequent
violation shall be fined or assessed a civil penalty not more than
$5,000; or
(3) subsection (a)(6) of this section shall be fined or assessed a
civil penalty not more than $100,000.
(c) Forfeiture
All designated species of tuna taken or retained in violation of
subsection (a)(1), (2), (3), or (6) of this section, or the monetary
value thereof, is subject to forfeiture.
(d) Application of laws relating to seizures and forfeitures
All provisions of law relating to the seizure, judicial forfeiture,
and condemnation of a cargo for violation of the customs laws, the
disposition of such cargo or the proceeds from the sale thereof, and the
remission or mitigation of such forfeitures shall apply to seizures and
forfeitures incurred, or alleged to have been incurred, under this
chapter, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this chapter.
(Pub. L. 98-445, 8, Oct. 4, 1984, 98 Stat. 1717.)
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
/1/ So in original. Probably should be capitalized.
16 USC 972g. Enforcement
TITLE 16 -- CONSERVATION
(a) Warrants
The judges of the United States district courts and United States
magistrate judges may, within their respective jurisdictions, upon
proper oath or affirmation showing probable cause, issue such warrants
or other process as may be required for enforcement of this chapter and
the regulations issued under section 972e of this title.
(b) Joint responsibility for enforcement
The enforcement of this chapter and the regulations issued under
section 972e of this title shall be the joint responsibility of the
department in which the Coast Guard is operating, the Department of
Commerce, and the United States Customs Service. In addition, the
Secretary of Commerce may designate officers and employees of the States
of the United States, of the Commonwealth of Puerto Rico, and of
American Samoa to carry out enforcement activities under this section.
When so designated, such officers and employees may function as Federal
law enforcement agents for these purposes.
(c) Execution of warrants and process
An individual authorized to carry out enforcement activities under
this section has power to execute any warrant or process issued by any
officer or court of competent jurisdiction for the enforcement of this
chapter.
(d) Arrest; search
An individual so authorized to carry out enforcement activities under
this section has power --
(1) with or without a warrant or other process, to arrest any person
subject to the jurisdiction of the United States at any place within the
jurisdiction of the United States committing in his presence or view a
violation of this chapter or the regulations issued under section 972e
of this title;
(2) with or without a warrant or other process, to search any vessel
subject to the jurisdiction of the United States, and, if, as a result
of the search he has reasonable cause to believe that such vessel or any
individual on board is engaging in operations in violation of this
chapter or any regulation issued thereunder to arrest such person.
(e) Seizure
An individual authorized to enforce this chapter may seize, whenever
or wherever lawfully found, all species of designated tuna taken or
retained in violation of this chapter or the regulations issued under
section 972e of this title. Any species so seized may be disposed of
pursuant to the order of a court of competent jurisdiction, under
subsection (f) of this section or, if perishable, in a manner prescribed
by regulations of the Secretary of Commerce.
(f) Bond or stipulation for value of the property
Notwithstanding the provisions of section 2464 of title 28, when a
warrant of arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the execution of
such process, or discharge any species of designated tuna seized if the
process has been levied, on receiving from the claimant of the species a
bond or stipulation for the value of the property with sufficient surety
to be approved by a judge of the district court having jurisdiction of
the offense, conditioned to deliver the species seized, if condemned,
without impairment in value or, in the discretion of the court, to pay
its equivalent value in money or otherwise to answer the decree of the
court in such cause. Such bond or stipulation shall be returned to the
court and judgment thereon against both the principal and sureties may
be recovered in event of any breach of the conditions thereof as
determined by the court. In the discretion of the accused, and subject
to the direction of the court, the species may be sold for not less than
its reasonable market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.
(Pub. L. 98-445, 9, Oct. 4, 1984, 98 Stat. 1717; Pub. L. 101-650,
title III, 321, Dec. 1, 1990, 104 Stat. 5117.)
''United States magistrate judges'' substituted for ''United States
magistrates'' in subsec. (a) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
16 USC 972h. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated for fiscal years after fiscal
year 1984 such sums as may be necessary to carry out this chapter.
(Pub. L. 98-445, 10, Oct. 4, 1984, 98 Stat. 1719.)
16 USC CHAPTER 16C -- SOUTH PACIFIC TUNA FISHING
TITLE 16 -- CONSERVATION
Sec.
973. Definitions.
973a. Application to other laws.
973b. Regulations.
973c. Prohibited acts.
973d. Exceptions.
973e. Criminal offenses.
(a) Prohibited acts.
(b) Sentence and fine.
(c) Jurisdiction.
973f. Civil penalties.
(a) Determination of liability; amount; participation by Secretary
of State in assessment proceeding.
(b) Judicial review of assessment; procedures applicable.
(c) Failure to pay assessment of civil penalty; recovery by Attorney
General.
(d) In rem liability for civil penalty; jurisdiction; maritime lien
on vessel.
(e) Compromise, etc., of civil penalty.
(f) Conduct of hearings.
(g) Waiver of referral to Attorney General.
973g. Licenses.
(a) Issuance; establishment of procedures; designation of agent for
service of legal process in license application; reception and response
to process.
(b) Forwarding and transmittal of vessel license application.
(c) Fees and fee schedules.
(d) Period of validity.
(e) Allocation system.
(f) Minimum fees required to be received in initial year of
implementation for forwarding and transmittal of license applications.
(g) Grounds for denial of forwarding of license application.
973h. Enforcement.
(a) Federal responsibilities; utilization of personnel, etc., of
other Federal and State agencies.
(b) Investigation and report of alleged Treaty infringement involving
U.S. vessel; notice requirements to operator of vessel; comments,
information, or evidence by operator.
(c) Notice requirements to Pacific Island Party concerning
institution and outcome of legal proceedings.
(d) Searches and seizures by Authorized Officers; limitations on
powers.
(e) Exclusive jurisdiction.
973i. Findings by Secretary.
(a) Order of vessel to leave waters upon failure to submit to
jurisdiction of Pacific Island Party; procedure applicable.
(b) Order of vessel to leave waters where Pacific Island Party
investigating alleged Treaty infringement.
(c) Rescission of orders.
(d) Prohibition on judicial review of orders.
(e) Enforcement of orders by Attorney General.
973j. Reporting requirements; disclosure of information.
973k. Closed Area stowage requirements.
973l. Observers.
(a) Required access and assistance; scope of authorities.
(b) Free provision of food, etc., while on vessel.
(c) Removal of fish samples and gathering of other information
relating to fisheries.
973m. Technical assistance.
973n. Arbitration.
973o. Disposition of fees, penalties, forfeitures, and other moneys.
973p. Additional agreements.
973q. Secretary of State to act for United States.
973r. Authorization of appropriations.
16 USC 973. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter --
(1) The term ''Administrator'' means the individual or organization
designated by the Pacific Island Parties to act on their behalf under
the Treaty and notified to the United States Government.
(2) The term ''Authorized Officer'' means any officer who is
authorized by the Secretary, or the Secretary of the department in which
the Coast Guard is operating, or the head of any Federal or State agency
which has entered into an enforcement agreement with the Secretary under
section 973h(a) of this title.
(3) The term ''Authorized Party Officer'' means any officer
authorized by a Pacific Island Party to enforce the provisions of the
Treaty.
(4) The term ''applicable national law'' means any provision of law
of a Pacific Island Party which is described in paragraph 1(a) of Annex
I of the Treaty.
(5) The term ''Closed Area'' means any of the closed areas identified
in Schedule 2 of Annex I of the Treaty.
(6) The term ''fishing'' means --
(A) searching for, catching, taking, or harvesting fish;
(B) attempting to search for, catch, take, or harvest fish;
(C) engaging in any other activity which can reasonably be expected
to result in the locating, catching, taking, or harvesting of fish;
(D) placing, searching for, or recovering fish aggregating devices or
associated electronic equipment such as radio beacons;
(E) any operations at sea directly in support of, or in preparation
for, any activity described in this paragraph; or
(F) aircraft use, relating to the activities described in this
paragraph except for flights in emergencies involving the health or
safety of crew members or the safety of a vessel.
(7) The term ''fishing vessel'' or ''vessel'' means any boat, ship,
or other craft which is used for, equipped to be used for, or of a type
normally used for commercial fishing, and which is documented under the
laws of the United States.
(8) The term ''Licensing Area'' means all waters in the Treaty Area
except for --
(A) those waters subject to the jurisdiction of the United States in
accordance with international law;
(B) those waters within Closed Areas; and
(C) those waters within Limited Areas closed to fishing.
(9) The term ''licensing period'' means the period of validity of
licenses issued in accordance with the Treaty.
(10) The term ''Limited Area'' means any area so identified in
Schedule 3 of Annex I of the Treaty.
(11) The term ''operator'' means any person who is in charge of,
directs or controls a vessel, including the owner, charterer, and
master.
(12) The term ''Pacific Island Party'' means a Pacific Island nation
which is a party to the Treaty.
(13) The term ''Party'' means a nation which is a party to the
Treaty.
(14) The term ''person'' means any individual (whether or not a
citizen or national of the United States), any corporation, partnership,
association, or other entity (whether or not organized or existing under
the laws of any State), and any Federal, State, local, or foreign
government or any entity of any such government.
(15) The term ''Secretary'' means the Secretary of Commerce, or the
designee of the Secretary of Commerce.
(16) The term ''State'' means each of the several States, the
District of Columbia, the Commonwealths of Puerto Rico and the Northern
Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other
Commonwealth, territory, or possession of the United States.
(17) The term ''Treaty'' means the Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government of the
United States of America, signed in Port Moresby, Papua New Guinea,
April 2, 1987, and its Annexes, Schedules, and implementing agreements.
(18) The term ''Treaty Area'' means the area so described in
paragraph 1(k) of Article 1 of the Treaty.
(Pub. L. 100-330, 2, June 7, 1988, 102 Stat. 591.)
Section 21 of Pub. L. 100-330 provided that:
''(a) Except as provided in subsection (b) of this section, this Act
(enacting this chapter) shall be effective on the date on which the
Treaty enters into force for the United States. (The Treaty entered
into force for the United States June 15, 1988.)
''(b)(1) The authority to promulgate regulations pursuant to this Act
shall be effective on the date of enactment of this Act (June 7, 1988).
''(2) Any regulation promulgated pursuant to this Act shall not be
effective before the date on which the Treaty enters into force for the
United States.''
Section 1 of Pub. L. 101-330 provided: ''That this Act (enacting
this chapter) may be cited as the 'South Pacific Tuna Act of 1988'.''
16 USC 973a. Application to other laws
TITLE 16 -- CONSERVATION
The seizure by a Pacific Island Party of a vessel of the United
States shall not be determined to be a seizure described in section
1825(a)(4)(C) of this title or section 1972 of title 22 if the seizure
is found by the Secretary of State to be in accordance with the
provisions of the Treaty.
(Pub. L. 100-330, 3, June 7, 1988, 102 Stat. 592.)
16 USC 973b. Regulations
TITLE 16 -- CONSERVATION
The Secretary of Commerce, with the concurrence of the Secretary of
State and after consultation with the Secretary of the department in
which the Coast Guard is operating, shall issue regulations as may be
necessary to carry out the purposes and objectives of the Treaty and
this chapter. These regulations shall be made applicable as necessary
to all persons and vessels subject to the jurisdiction of the United
States, wherever located.
(Pub. L. 100-330, 4, June 7, 1988, 102 Stat. 592.)
Authority to promulgate regulations effective on June 7, 1988, with
any such regulation not to be effective before date on which Treaty
enters into force for the United States, see section 21 of Pub. L.
100-330, set out as an Effective Date note under section 973 of this
title.
16 USC 973c. Prohibited acts
TITLE 16 -- CONSERVATION
(a) Except as provided in section 973d of this title, it is unlawful
for any person subject to the jurisdiction of the United States --
(1) to violate any provision of this chapter or any regulation or
order issued pursuant to this chapter;
(2) to use a vessel for fishing in violation of an applicable
national law;
(3) who has entered into a fishing arrangement under paragraph 3 of
Article 3 of the Treaty, to violate the terms and conditions of such
fishing arrangement if the Secretary of State has decided under section
973p of this title that Article 4 and paragraph 6 of Article 5 of the
Treaty shall apply to the arrangement;
(4) to use a vessel for fishing in any Limited Area in violation of
any requirement in Schedule 3 of Annex I of the Treaty;
(5) to use a vessel for fishing in any Closed Area;
(6) to falsify any information required to be reported, notified,
communicated, or recorded pursuant to a requirement of this chapter, or
to fail to submit any required information, or to fail to report to the
Secretary immediately any change in circumstances which has the effect
of rendering any such information false, incomplete, or misleading;
(7) to intentionally destroy evidence which could be used to
determine if a violation of this chapter or the Treaty has occurred;
(8) to refuse to permit any Authorized Officer or Authorized Party
Officer to board a fishing vessel for purposes of conducting a search or
inspection in connection with the enforcement of this chapter or the
Treaty;
(9) to refuse to comply with the instructions of an Authorized
Officer or Authorized Party Officer relating to fishing activities under
the Treaty;
(10) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with --
(A) any Authorized Officer or Authorized Party Officer in the conduct
of a search or inspection in connection with the enforcement of this
chapter or the Treaty; or
(B) an observer in the conduct of observer duties under the Treaty;
(11) to resist a lawful arrest for any act prohibited by this
section;
(12) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such other person
has committed any act prohibited by this section; or
(13) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish taken or
retained in violation of this chapter or any regulation, permit, or the
Treaty, with the knowledge that the fish were so taken or retained.
(b) Except as provided in section 973d of this title, it is unlawful
for any person subject to the jurisdiction of the United States when in
the Licensing Area --
(1) to use a vessel to fish unless validly licensed as required by
the Administrator;
(2) to use a vessel for directed fishing for southern bluefin tuna or
for fishing for any kinds of fish other than tunas, except that fish may
be caught as an incidental by-catch;
(3) to use a vessel for fishing by any method other than the
purse-seine method;
(4) to use any vessel to engage in fishing after the revocation of
its license, or during the period of suspension of an applicable
license;
(5) to operate a vessel in such a way as to disrupt or in any other
way adversely affect the activities of traditional and locally based
fishermen and fishing vessels;
(6) to use a vessel to fish in a manner inconsistent with an order
issued by the Secretary under section 973i of this title; or
(7) except for circumstances involving force majeure and other
emergencies involving the health or safety of crew members or the safety
of the vessel, to use an aircraft in association with the fishing
activities of a vessel unless it is identified in the license
application for the vessel, or any amendment thereto.
(Pub. L. 100-330, 5, June 7, 1988, 102 Stat. 592.)
16 USC 973d. Exceptions
TITLE 16 -- CONSERVATION
(a) The prohibitions of section 973c of this title and the licensing
requirements of section 973g of this title shall not apply to fishing
for albacore tuna by vessels using the trolling method outside of the
200 nautical mile fisheries zones of the Pacific Island Parties.
(b) The prohibitions of section 973c(a)(4), (a)(5), and (b)(3) of
this title shall not apply to fishing under the terms and conditions of
an arrangement which has been reached under paragraph 3 of Article 3 of
the Treaty and which, pursuant to a decision by the Secretary of State
under section 973p of this title, is covered by Article 4 and paragraph
6 of Article 5 of the Treaty.
(Pub. L. 100-330, 6, June 7, 1988, 102 Stat. 594.)
16 USC 973e. Criminal offenses
TITLE 16 -- CONSERVATION
(a) Prohibited acts
A person is guilty of a criminal offense if he or she commits any act
prohibited by section 973c(a)(8), (10), (11), or (12) of this title.
(b) Sentence and fine
Any offense described in subsection (a) of this section is punishable
by a fine of not more than $50,000, or imprisonment for not more than 6
months, or both; except that if in the commission of any such offense
the person uses a dangerous weapon, engages in conduct that causes
bodily injury to any Authorized Officer, Authorized Party Officer, or
observer under the Treaty in the conduct of their duties, or places any
such Authorized Officer, Authorized Party Officer, or observer in fear
of imminent bodily injury, the offense is punishable by a fine of not
more than $100,000 or imprisonment for not more than 10 years, or both.
(c) Jurisdiction
The district courts of the United States shall have jurisdiction over
any offense described in this section.
(Pub. L. 100-330, 7, June 7, 1988, 102 Stat. 594.)
16 USC 973f. Civil penalties
TITLE 16 -- CONSERVATION
(a) Determination of liability; amount; participation by Secretary
of State in assessment proceeding
Any person who is found by the Secretary, after notice and an
opportunity for a hearing in accordance with section 554 of title 5, to
have committed an act prohibited by section 973c of this title, shall be
liable to the United States Code /1/ for a civil penalty. Before
issuing a notice of violation, the Secretary shall consult with the
Secretary of State. The amount of the civil penalty shall be determined
in accordance with considerations set forth in the Treaty and shall take
into account the nature, circumstances, extent, and gravity of the
prohibited acts committed, and with respect to the violator, the degree
of culpability, any history of prior offenses, ability to pay, and such
other matters as justice may require. Except for those acts prohibited
by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section
973c(b)(1), (2), (3), and (7) of this title, the amount of the civil
penalty shall not exceed $250,000 for each violation. Upon written
notice, the Secretary of State shall have the right to participate in
any proceeding initiated to assess a civil penalty for violation of this
chapter.
(b) Judicial review of assessment; procedures applicable
Any person against whom a civil penalty is assessed under subsection
(a) of this section may obtain review thereof in the United States
district court for the appropriate district by filing a complaint in
such court within 30 days from the date of the order and by
simultaneously serving a copy of the complaint by certified mail on the
Secretary, the Attorney General of the United States, and the
appropriate United States Attorney. The Secretary shall promptly file
in the court a certified copy of the record upon which the violation was
found or the penalty imposed. The findings and order of the Secretary
shall be set aside or modified by the court if they are not found to be
supported by substantial evidence, as provided in section 706(2) of
title 5.
(c) Failure to pay assessment of civil penalty; recovery by Attorney
General
Except as provided in subsection (g) of this section, if any person
fails to pay an assessment of a civil penalty after it has become a
final and unappealable order, or after the appropriate court has entered
final judgment in favor of the Secretary, the Secretary shall refer the
matter to the Attorney General of the United States, who shall recover
the amount assessed in any appropriate district court of the United
States.
(d) In rem liability for civil penalty; jurisdiction; maritime lien
on vessel
Except as provided in subsection (g) of this section, a fishing
vessel (including its fishing gear, furniture, appurtenances, stores,
and cargo) used in the commission of an act prohibited by section 973c
of this title shall be liable in rem for any civil penalty assessed for
the violation under this section and may be proceeded against in any
district court of the United States having jurisdiction thereof. The
penalty shall constitute a maritime lien on the vessel which may be
recovered in an action in rem in the district court of the United States
having jurisdiction over the vessel.
(e) Compromise, etc., of civil penalty
The Secretary, after consultation with the Secretary of State, may
compromise, modify, or remit, with or without conditions, any civil
penalty which is subject to imposition or which has been imposed under
this section.
(f) Conduct of hearings
For the purposes of conducting any hearing under this section, the
Secretary may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and documents,
and may administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid to witnesses in the courts of the United
States. In case of contempt or refusal to obey a subpoena served upon a
person pursuant to this subsection, the district court of the United
States for any district in which the person is found, resides, or
transacts business, upon application by the United States and after
notice to the person, shall have jurisdiction to issue an order
requiring the person to appear and give testimony before the Secretary
or to appear and produce documents before the Secretary, or both, and
any failure to obey the order of the court may be punished by the court
as a contempt thereof.
(g) Waiver of referral to Attorney General
If a vessel used in a violation of section 973c(a)(1), (2), (3), (4),
(5), (6), (7), (8), (9), or (13) or section 973c(b) of this title for
which a civil penalty has been assessed --
(1) had a valid license under the Treaty at the time of the
violation, and
(2) within 60 days after the penalty assessment has become final,
leaves and remains outside of the Licensing Area, all Limited Areas
closed to fishing, and all Closed Areas until the final penalty has been
paid,
there shall be no referral to the Attorney General under subsection
(c) of this section or in rem action under subsection (d) of this
section in connection with such civil penalty.
(Pub. L. 100-330, 8, June 7, 1988, 102 Stat. 594; Pub. L. 100-350,
4(1), (2), June 27, 1988, 102 Stat. 660.)
1988 -- Subsec. (a). Pub. L. 100-350, 4(1), substituted ''and
gravity'' for ''any gravity'' and ''history of prior'' for ''history or
prior''.
Subsec. (g)(1). Pub. L. 100-350, 4(2), substituted ''Treaty'' for
''Treasury''.
/1/ So in original. ''Code'' probably should not appear.