16 USC 973g. Licenses
TITLE 16 -- CONSERVATION
(a) Issuance; establishment of procedures; designation of agent for
service of legal process in license application; reception and response
to process
Licenses to fish in the Licensing Area, to be issued by the
Administrator in accordance with the Treaty, may be requested from the
Secretary by operators of vessels, under procedures established by the
Secretary. The license application shall designate an agent for the
service of legal process to be located in Port Moresby, Papua New
Guinea. The applicant shall ensure that the designated agent for
service of process, acting on behalf of the license holder, will receive
and respond to any legal process issued in accordance with the Treaty
and will, within 21 days after notification, travel if necessary for
this purpose to any Pacific Island Party at no expense to that Party.
(b) Forwarding and transmittal of vessel license application
Except as provided in subsections (e), (f), and (g) of this section,
the Secretary shall forward a vessel license application to the
Secretary of State for transmittal to the Administrator whenever such
application is in accordance with application procedures established by
the Secretary, includes a complete application form as required by Annex
II of the Treaty, and is accompanied by the required license fee.
(c) Fees and fee schedules
(1) In the initial year of implementation, fees for the first 40
vessel licenses shall be at least $50,000 each, for any 10 vessel
licenses in addition to the first 40 shall be $60,000 each, and for
vessel licenses in addition to the first 50 shall be in accordance with
Annex II of the Treaty.
(2) After such initial year, fees for vessel licenses shall be paid
in accordance with fee schedules established under Annex II of the
Treaty and published by the Secretary.
(d) Period of validity
Licenses shall be valid for the licensing period specified by the
Administrator.
(e) Allocation system
The Secretary may establish a system of allocating licenses in the
event more applications are received than there are licenses available.
(f) Minimum fees required to be received in initial year of
implementation for forwarding and transmittal of license applications
For the initial year of implementation, license fees totaling at
least $1,750,000 must be received by the Secretary before any license
applications will be forwarded to the Secretary of State for transmittal
to the Administrator.
(g) Grounds for denial of forwarding of license application
The Secretary, in consultation with the Secretary of State, may
determine that a license application should not be forwarded to the
Administrator for one of the following reasons:
(1) where the application is not in accordance with the Treaty or the
procedures established by the Secretary;
(2) where the owner or charterer is the subject of proceedings under
the bankruptcy laws of the United States, unless reasonable financial
assurances have been provided to the Secretary;
(3) where the owner or charterer has not established to the
satisfaction of the Secretary that the fishing vessel is fully insured
against all risks and liabilities normally provided in maritime
liability insurance;
(4) where the owner or charterer has not paid any penalty which has
become final, assessed by the Secretary in accordance with this chapter.
(Pub. L. 100-330, 9, June 7, 1988, 102 Stat. 596.)
The bankruptcy laws of the United States, referred to in subsec.
(g)(2), are generally classified to Title 11, Bankruptcy.
16 USC 973h. Enforcement
TITLE 16 -- CONSERVATION
(a) Federal responsibilities; utilization of personnel, etc., of
other Federal and State agencies
The provisions of this chapter shall be enforced by the Secretary in
cooperation with the Secretary of State. The Secretary, after
consultation with the Secretary of State, 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 these
duties.
(b) Investigation and report of alleged Treaty infringement involving
U.S. vessel; notice requirements to operator of vessel; comments,
information, or evidence by operator
(1) The Secretary shall, at the request of a Pacific Island Party
made to the Secretary of State, fully investigate any alleged
infringement of the Treaty involving a vessel of the United States, and
report as soon as practicable, and in any case within 2 months, to that
Party through the Secretary of State on any action taken or proposed by
the Secretary in regard to the alleged infringement.
(2) Upon commencement of an investigation under paragraph (1) of this
subsection, the Secretary shall notify the operator of any vessel
concerned regarding --
(A) the nature of the investigation;
(B) the right of the operator to submit comments, information, or
evidence bearing on the investigation and to receive, upon the
operator's timely written request to the Secretary, an opportunity to
present such comments, information, or evidence orally to the Secretary
or the Secretary's representative within 30 days after receipt of such
notification.
(c) Notice requirements to Pacific Island Party concerning
institution and outcome of legal proceedings
(1) Prior to instituting any legal proceedings under this chapter for
any action which involves an alleged infringement of the Treaty in
waters within the jurisdiction of a Pacific Island Party, the Secretary,
through the Secretary of State, shall notify the Pacific Island Party in
accordance with paragraph 8 of Article 4 of the Treaty that the
proceedings will be instituted. Such notice shall include a statement
of the facts believed to show an infringement of the Treaty and the
nature of the proposed proceedings, including any proposed charges and
any proposed penalties. The Secretary shall not institute such
proceedings if the Pacific Island Party objects within 30 days after the
effective date of the notice under Article 10 of the Treaty.
(2) The Pacific Island Party exercising jurisdiction over the waters
involved in such a legal proceeding shall be promptly notified by the
Secretary, through the Secretary of State, concerning the outcome of the
proceeding.
(d) Searches and seizures by Authorized Officers; limitations on
powers
(1) Any Authorized Officer may --
(A) with or without a warrant or other process --
(i) arrest any person, if he has reasonable cause to believe that the
person has committed any act subject to prosecution under section 973e
of this title;
(ii) board, and search or inspect, any fishing vessel which is
subject to the provisions of this chapter; or
(iii) seize samples of fish or items for evidence (other than the
vessel or its fishing gear or equipment) related to any violation of any
provision of this chapter;
(iv) order a vessel into the most convenient port of the United
States for investigation when an investigation has been requested by a
Pacific Island Party in accordance with the Treaty and when such an
order is necessary to gather information for such an investigation;
(B) execute any warrant or other process issued by any court of
competent jurisdiction;
(C) exercise any other lawful authority; and
(D) investigate alleged violations of the Treaty to the same extent
authorized to investigate alleged violations of this chapter.
(2) To the extent possible, Authorized Officers shall exercise their
powers under paragraph (1)(A)(ii), (iii), and (iv) of this subsection so
as not to interfere unduly with the lawful operation of the vessel.
(3) Nothing in this chapter shall be construed to limit the
enforcement of this or other applicable Federal laws under section 89 of
title 14.
(e) Exclusive jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the provisions
of this chapter.
(Pub. L. 100-330, 10, June 7, 1988, 102 Stat. 597.)
16 USC 973i. Findings by Secretary
TITLE 16 -- CONSERVATION
(a) Order of vessel to leave waters upon failure to submit to
jurisdiction of Pacific Island Party; procedure applicable
Following any investigation conducted in accordance with section
973h(b) of this title, the Secretary, with the concurrence of the
Secretary of State, and upon the request of the Pacific Island Party
concerned, may order a fishing vessel which has not submitted to the
jurisdiction of that Pacific Island Party to leave immediately the
Licensing Area, all Limited Areas, and all Closed Areas upon making a
finding --
(1) that the fishing vessel --
(A) while fishing in the Licensing Area did not have a license under
the Treaty to fish in the Licensing Area, and that under paragraph 2 of
Article 3 of the Treaty, such fishing is not authorized to be conducted
in the Licensing Area without a license;
(B) was involved in any incident in which an Authorized Officer,
Authorized Party Officer, or observer was allegedly assaulted with
resultant bodily harm, physically threatened, forcefully resisted,
refused boarding, or subjected to physical intimidation or physical
interference in the performance of duties as authorized by this chapter
or the Treaty;
(C) has not made full payment within 60 days of any amount due as a
result of a final judgment or other final determination deriving from a
violation in waters within the Treaty Area of a Pacific Island Party;
or
(D) was not represented by an agent for service of process in
accordance with the Treaty; or
(2) that there is probable cause to believe that the fishing vessel
--
(A) was used in violation of section 973c(a)(4), (a)(5), (b)(2), or
(b)(3) of this title;
(B) used an aircraft in violation of section 973c(b)(7) of this
title; or
(C) was involved in an incident in which section 973c(a)(7) of this
title was violated.
(b) Order of vessel to leave waters where Pacific Island Party
investigating alleged Treaty infringement
Upon being advised by the Secretary of State that proper notification
to Parties has been made under paragraph 7 of Article 5 of the Treaty
that a Pacific Island Party is investigating an alleged infringement of
the Treaty by a vessel in waters under the jurisdiction of such Pacific
Island Party, the Secretary shall order the vessel to leave such waters
until the Secretary of State notifies the Secretary that such order is
no longer necessary.
(c) Rescission of orders
The Secretary shall rescind any order issued on the basis of a
finding under subsection (a)(1)(C) or (D) of this section as soon as the
Secretary determines that the facts underlying the finding do not apply.
(d) Prohibition on judicial review of orders
No order issued in accordance with this section is subject to
judicial review.
(e) Enforcement of orders by Attorney General
Upon a request by the Secretary, the Attorney General shall commence
a civil action for appropriate relief, including permanent or temporary
injunction, to enforce any order issued by the Secretary under this
section.
(Pub. L. 100-330, 11, June 7, 1988, 102 Stat. 598; Pub. L.
100-350, 4(3), June 27, 1988, 102 Stat. 660.)
1988 -- Subsec. (a)(2)(C). Pub. L. 100-350 substituted ''section
973c(a)(7) of this title'' for ''section 973c(b)(7) of this title''.
16 USC 973j. Reporting requirements; disclosure of information
TITLE 16 -- CONSERVATION
(a) Holders of licenses shall comply with the reporting requirements
of part 4 of Annex I to the Treaty.
(b) Information provided by license holders in Schedules 5 and 6 of
Annex I of the Treaty shall be provided to the Secretary for transmittal
to the Administrator and to an entity designated by the license holder.
Such information thereafter shall not be released and shall be
maintained as confidential by the Secretary, including information
requested under the Freedom of Information Act (5 U.S.C. 552), unless
disclosure is required under court order or unless the information is
essential for an enforcement action under section 973c, 973h(b),
973h(c), or 973i of this title, or any other proper law enforcement
action.
(Pub. L. 100-330, 12, June 7, 1988, 102 Stat. 599.)
16 USC 973k. Closed Area stowage requirements
TITLE 16 -- CONSERVATION
At all times while a vessel is in a Closed Area, the fishing gear of
the vessel shall be stowed in such a manner as not to be readily
available for fishing. In particular, the boom shall be lowered as far
as possible so that the vessel cannot be used for fishing, but so that
the skiff is accessible for use in emergency situations; the
helicopter, if any, shall be tied down; and launches shall be secured.
(Pub. L. 100-330, 13, June 7, 1988, 102 Stat. 599.)
16 USC 973l. Observers
TITLE 16 -- CONSERVATION
(a) Required access and assistance; scope of authorities
The operator and each member of the crew of a vessel shall allow and
assist any individual identified as an observer under the Treaty by the
Pacific Island Parties --
(1) to board the vessel for scientific, compliance, monitoring and
other functions at the point and time notified by the Pacific Island
Parties to the Secretary;
(2) without interfering unduly with the lawful operation of the
vessel, to have full access to and use of facilities and equipment on
board the vessel which the observer may determine are necessary to carry
out observer duties; have full access to the bridge, fish on board, and
areas which may be used to hold, process, weigh, and store fish; remove
samples; have full access to the vessel's records, including its log
and documentation for the purpose of inspection and copying; and gather
any other information relating to fisheries in the Licensing Area;
(3) to disembark at the point and time notified by the Pacific Island
Parties to the Secretary; and
(4) to carry out observer duties safely.
(b) Free provision of food, etc., while on vessel
The operator shall provide any such observer, while on board the
vessel, at no expense to the Pacific Island Parties, with food,
accommodation, and medical facilities of such reasonable standard as may
be acceptable to the Pacific Island Party whose representative is
serving as the observer.
(c) Removal of fish samples and gathering of other information
relating to fisheries
The operator of any vessel from which any fish taken in the Licensing
Area is unloaded shall allow, or arrange for, and assist any individual
so authorized by the Pacific Island Parties to have full access to any
place where such fish is unloaded, to remove samples, and to gather any
other information relating to fisheries in the Licensing Area.
(Pub. L. 100-330, 14, June 7, 1988, 102 Stat. 599.)
16 USC 973m. Technical assistance
TITLE 16 -- CONSERVATION
The United States tuna industry shall provide $250,000 annually in
technical assistance, including provision of assistance by technicians,
in response to requests coordinated through the Administrator. The
Secretary of State shall designate an entity to coordinate the provision
of such technical assistance as provided by the United States tuna
industry and to provide an annual report to the Secretary of State
regarding the provision of such technical assistance.
(Pub. L. 100-330, 15, June 7, 1988, 102 Stat. 600.)
16 USC 973n. Arbitration
TITLE 16 -- CONSERVATION
In the event of a dispute requiring the establishment of an arbitral
tribunal under Article 6 of the Treaty, the Secretary of State, in
consultation with the Secretary, shall appoint the arbitrator to be
appointed by the United States under paragraph 3 of that Article, and
shall represent the United States in reaching agreement under such
paragraph with each Pacific Island Party involved concerning the
appointment of the presiding arbitrator of the tribunal.
(Pub. L. 100-330, 16, June 7, 1988, 102 Stat. 600.)
16 USC 973o. Disposition of fees, penalties, forfeitures, and other
moneys
TITLE 16 -- CONSERVATION
To the extent required by Article 4 of the Treaty, an amount
equivalent to the total value of any fine, penalty, or other amount
collected as a result of any action, judicial or otherwise, taken
pursuant to sections 973e and 973f of this title shall be paid by the
United States through the Secretary of State to the Administrator as
soon as reasonably possible following the date that such amount is
collected.
(Pub. L. 100-330, 17, June 7, 1988, 102 Stat. 600.)
16 USC 973p. Additional agreements
TITLE 16 -- CONSERVATION
Within 30 days after the Secretary of State's receipt of notice from
a Pacific Island Party that it has concluded an arrangement pursuant to
paragraph 3 of Article 3 of the Treaty, the Secretary of State shall
consult with the Secretary concerning whether the procedures of Article
4 and paragraph 6 of Article 5 of the Treaty should be made applicable
to such arrangement. At the conclusion of the consultations the Pacific
Island Party and all other persons agreeing to the arrangement shall be
notified by the Secretary of State of the resulting decision.
(Pub. L. 100-330, 18, June 7, 1988, 102 Stat. 600.)
16 USC 973q. Secretary of State to act for United States
TITLE 16 -- CONSERVATION
The Secretary of State is authorized to receive on behalf of the
United States reports, requests, and other communications from the
Administrator and to act thereon directly or by reference to the
appropriate authorities. The Secretary of State, after consultations
with the Secretary, may accept or reject, on behalf of the United
States, changes or amendments to Annex I of the Treaty and its Schedules
and Annex II to the Treaty and its Schedules.
(Pub. L. 100-330, 19, June 7, 1988, 102 Stat. 600.)
16 USC 973r. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) There are authorized to be appropriated for fiscal years 1992,
1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 such sums
as may be necessary for carrying out the purposes and provisions of the
Treaty and this chapter including --
(1) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999,
2000, 2001, and 2002, an amount not to exceed $350,000 annually to the
Department of Commerce for administrative expenses; and
(2) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999,
2000, 2001, and 2002, an amount not to exceed $50,000 annually to the
Department of State for administrative expenses.
(b) Funds appropriated for the purposes of the Treaty may be used
notwithstanding any of the provisions of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or of any appropriations Act that imposes
restrictions on the maintenance or use of cash transfer assistance,
which are inconsistent with the provisions of the Treaty.
(Pub. L. 100-330, 20, June 7, 1988, 102 Stat. 601; Pub. L.
102-523, 3(b), Oct. 26, 1992, 106 Stat. 3433.)
The Foreign Assistance Act of 1961, referred to in subsec. (b), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 ( 2151 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 2151 of
Title 22 and Tables.
1992 -- Subsec. (a). Pub. L. 102-523 substituted ''1992, 1993, 1994,
1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002'' for ''1988, 1989,
1990, 1991, and 1992'' in three places.
16 USC CHAPTER 17 -- NORTHWEST ATLANTIC FISHERIES
TITLE 16 -- CONSERVATION
16 USC 981 to 991. Repealed. Pub. L. 95-6, 4, Feb. 21, 1977, 91
Stat. 16
TITLE 16 -- CONSERVATION
Section 981, acts Sept. 27, 1950, ch. 1054, 2, 64 Stat. 1067;
July 24, 1968, Pub. L. 90-420, 1(a) to (c), 82 Stat. 419; Aug. 11,
1971, Pub. L. 92-87, 101 to 103, 85 Stat. 310; July 10, 1974, Pub.
L. 93-339, 1(a), 88 Stat. 293, covered definitions of ''convention'',
''Commission'', ''person'', ''vessel'', ''fishing gear'', ''fishing'',
''fish'', ''international measures of control'', and ''national measures
of control''.
Section 982, acts Sept. 27, 1950, ch. 1054, 3, 64 Stat. 1068;
Aug. 11, 1971, Pub. L. 92-87, 111(a), (b), 85 Stat. 313, related to
appointment and compensation of Commissioners for the International
Commission for the Northwest Atlantic Fisheries.
Section 983, acts Sept. 27, 1950, ch. 1054, 4, 64 Stat. 1068;
July 24, 1968, Pub. L. 90-420, 1(d), 82 Stat. 419; July 10, 1974,
Pub. L. 93-339, 1(b), (c), (g), 88 Stat. 293, provided for
appointment, compensation, and travel expenses of an advisory committee.
Section 984, acts Sept. 27, 1950, ch. 1054, 5, 64 Stat. 1068;
Aug. 11, 1971, Pub. L. 92-87, 111(c), 85 Stat. 313, deemed service of
a United States Commissioner or member of the advisory committee as
service as a special government employee of the United States, as
defined in section 202 of Title 18.
Section 985, acts Sept. 27, 1950, ch. 1054, 6, 64 Stat. 1069;
Aug. 11, 1971, Pub. L. 92-87, 104, 105, 85 Stat. 310, 311,
authorized Secretary of State to receive on behalf of the United States
reports, requests, recommendations, and other communications of the
Commission, and to act thereon.
Section 986, acts Sept. 27, 1950, ch. 1054, 7, 64 Stat. 1069;
Aug. 11, 1971, Pub. L. 92-87, 106, 107, 110(a), (b), 85 Stat. 311,
312; July 10, 1974, Pub. L. 93-339, 1(d), (e), 88 Stat. 293,
authorized Secretary of Commerce to enforce this chapter.
Section 987, act Sept. 27, 1950, ch. 1054, 8, 64 Stat. 1069,
related to Commissioner's cooperation with agencies of United States
Government and State and private institutions and organizations.
Section 988, acts Sept. 27, 1950, ch. 1054, 9, 64 Stat. 1069;
Aug. 11, 1971, Pub. L. 92-87, 108, 85 Stat. 312; July 10, 1974, Pub.
L. 93-339, 1(f), 88 Stat. 293, related to activities declared
unlawful with respect to this chapter.
Section 989, acts Sept. 27, 1950, ch. 1054, 10, 64 Stat. 1070;
Aug. 11, 1971, Pub. L. 92-87, 109, 85 Stat. 312, covered the
penalties for violations of section 988 of this title or any regulations
adopted pursuant to this chapter.
Section 990, acts Sept. 27, 1950, ch. 1054, 11, 64 Stat. 1070;
Oct. 17, 1968, Pub. L. 90-578, title IV, 402(b)(2), 82 Stat. 1118;
Aug. 11, 1971, Pub. L. 92-87, 110(c), (d), 85 Stat. 312, related to
procedures for arrest, search and seizure, warrants, stay of execution,
and bond or stipulation with respect to persons committing violations of
the convention, this chapter, or adopted regulations.
Section 991, acts Sept. 27, 1950, ch. 1054, 12, 64 Stat. 1071;
Aug. 11, 1971, Pub. L. 92-87, 111(d), 85 Stat. 313, authorized
appropriation to carry out the purposes and provisions of this chapter.
Section 4 of Pub. L. 95-6 provided that repeal of sections 981 to
991 of this title is effective Mar. 1, 1977.
16 USC CHAPTER 18 -- WATERSHED PROTECTION AND FLOOD PREVENTION
TITLE 16 -- CONSERVATION
Sec.
1001. Declaration of policy.
1002. Definitions
1003. Assistance to local organizations.
1003a. Cost share assistance.
(a) Easements.
(b) Amount.
1004. Conditions for Federal assistance.
1005. Works of improvement.
(1) Engineering and other services; reimbursement; advances.
(2) Federal construction; request by local organization.
(3) Transmission of certain plans to Congress.
(4) Transmission of certain plans and recommendations to Congress.
(5) Rules and regulations.
1006. Cooperative programs.
1006a. Loans or advancements for financing local share of costs;
repayment; interest, maximum amount.
1006b. Territorial application.
1007. Authorization of appropriations.
1008. Notification of Secretary of the Interior of approval of
assistance; surveys and investigations; report and recommendations;
consideration; cost of surveys, investigations and reports.
1009. Joint investigations and surveys by Secretary of the Army and
Secretary of Agriculture; reports to Congress.
1010. Data.
277d-29; title 30 section 1265; title 33 sections
1288, 2298, 2311; title 40 App. section 214; title
42 section 3131.
16 USC 1001. Declaration of policy
TITLE 16 -- CONSERVATION
Erosion, floodwater, and sediment damages in the watersheds of the
rivers and streams of the United States, causing loss of life and damage
to property, constitute a menace to the national welfare; and it is the
sense of Congress that the Federal Government should cooperate with
States and their political subdivisions, soil or water conservation
districts, flood prevention or control districts, and other local public
agencies for the purpose of preventing such damages, of furthering the
conservation, development, utilization, and disposal of water, and the
conservation and utilization of land and thereby of preserving,
protecting, and improving the Nation's land and water resources and the
quality of the environment.
(Aug. 4, 1954, ch. 656, 1, 68 Stat. 666; Aug. 30, 1972, Pub. L.
92-419, title II, 201(a), 86 Stat. 667.)
1972 -- Pub. L. 92-419 expanded the declaration of policy to include
conservation and utilization of land, improvement of land and water
resources, and quality of the environment.
Section 11 of act Aug. 4, 1954, as renumbered by act Aug. 7, 1956,
ch. 1027, 1(g), 70 Stat. 1088, provided that: ''This Act (enacting
this chapter, amending section 701b of Title 33, Navigation and
Navigable Waters, and enacting provisions set out as notes under this
section and section 701b of Title 33) may be cited as the 'Watershed
Protection and Flood Prevention Act'.''
For exemption of projects under this chapter from independent water
project review requirements of Ex. Ords. No. 12113 and 12141, see Pub.
L. 96-528, title VI, 622, Dec. 15, 1980, 94 Stat. 3118, set out as a
note under section 1962 of Title 42, The Public Health and Welfare.
Section 2 of act Aug. 7, 1956, ch. 1027, 70 Stat. 1090, provided
that sections 1006a and 1006b of this title and the amendments made by
act Aug. 7, 1956 to sections 1002 to 1005 of this title should be
applicable to all works of improvement and plans for such works under
the provisions of this chapter and that any plans for works of
improvement with respect to which the Secretary of Agriculture was
authorized prior to Aug. 7, 1956 to participate in the installation of
works of improvement in accordance with such plan, or any plan for works
of improvement which had received prior to Aug. 7, 1956 the approval of
congressional committees, need not be submitted to the congressional
committees as required by this chapter.
16 USC 1002. Definitions
TITLE 16 -- CONSERVATION
For the purposes of this chapter, the following terms shall mean:
The ''Secretary'' -- the Secretary of Agriculture of the United
States.
''Works of improvement'' -- any undertaking for --
(1) flood prevention (including structural and land treatment
measures),
(2) the conservation, development, utilization, and disposal of
water, or
(3) the conservation and proper utilization of land,
in watershed or subwatershed area not exceeding two hundred and fifty
thousand acres and not including any single structure which provides
more than twelve thousand five hundred acre-feet of floodwater detention
capacity, and more than twenty-five thousand acre-feet of total
capacity. No appropriation shall be made for any plan involving an
estimated Federal contribution to construction costs in excess of
$5,000,000, or which includes any structure which provides more than
twenty-five hundred acre-feet of total capacity unless such plan has
been approved by resolutions adopted by the appropriate committees of
the Senate and House of Representatives: Provided, That in the case of
any plan involving no single structure providing more than 4,000
acre-feet of total capacity the appropriate committees shall be the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives and in the case
of any plan involving any single structure of more than 4,000 acre-feet
of total capacity the appropriate committees shall be the Committee on
Environment and Public Works of the Senate and the Committee on Public
Works and Transportation of the House of Representatives, respectively.
Each project must contain benefits directly related to agriculture,
including rural communities, that account for at least 20 percent of the
total benefits of the project. A number of such subwatersheds when they
are component parts of a larger watershed may be planned together when
the local sponsoring organizations so desire.
''Local organization'' -- any State, political subdivision thereof,
soil or water conservation district, flood prevention or control
district, or combinations thereof, or any other agency having authority
under State law to carry out, maintain and operate the works of
improvement; or any irrigation or reservoir company, water users'
association, or similar organization having such authority and not being
operated for profit that may be approved by the Secretary; or any
Indian tribe or tribal organization, as defined in section 450b of title
25, having authority under Federal, State, or Indian tribal law to carry
out, maintain, and operate the works of improvement.
(Aug. 4, 1954, ch. 656, 2, 68 Stat. 666; Aug. 7, 1956, ch. 1027,
1(a), 70 Stat. 1088; Aug. 30, 1961, Pub. L. 87-170, 75 Stat. 408; Nov.
8, 1965, Pub. L. 89-337, 79 Stat. 1300; Aug. 30, 1972, Pub. L. 92-419,
title II, 201(b), 86 Stat. 667; H. Res. 988, Jan. 3, 1975; S. Res. 4,
Feb. 4, 1977; Sept. 29, 1977, Pub. L. 95-113, title XV, 1506(a), 91
Stat. 1022; Dec. 22, 1981, Pub. L. 97-98, title XV, 1512(a), (b), 95
Stat. 1332, 1333; Nov. 17, 1986, Pub. L. 99-662, title IX, 929, 100
Stat. 4196; Nov. 28, 1990, Pub. L. 101-624, title XIV, 1461, 104 Stat.
3615.)
1990 -- Pub. L. 101-624, which directed amendment of third sentence
by substituting ''Each project'' for ''Each such project submitted to
the Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives after July 1, 1987,'' and inserting '', including rural
communities,'' after ''agriculture'', was executed to third sentence of
par. defining ''Works of improvement'' to reflect the probable intent
of Congress.
1986 -- Pub. L. 99-662 inserted in definition of ''Works of
improvement'' provision requiring that projects submitted after July 1,
1987, contain benefits directly related to agriculture accounting for at
least 20 percent of the total benefits of the project.
1981 -- Pub. L. 97-98 substituted ''$5,000,000'' for ''$1,000,000''
in definition of ''Works of improvement'' and expanded definition of
''Local organization'' to include any Indian tribe or tribal
organization having authority under Federal, State, or Indian tribal law
to carry out, maintain, and operate works of improvement.
1977 -- Pub. L. 95-113 substituted ''$1,000,000'' for ''$250,000''.
1972 -- Pub. L. 92-419 defined ''Works of improvement'' to include
any undertaking for the conservation and proper utilization of land.
1965 -- Pub. L. 89-337 substituted ''more than twelve thousand five
hundred acre-feet of floodwater detention capacity'' for ''more than
five thousand acre-feet of floodwater detention capacity''.
1961 -- Pub. L. 87-170 included irrigation or reservoir companies,
water users' associations and similar organizations not operated for
profit in the definition of local organization.
1956 -- Act Aug. 7, 1956, struck out provisions which limited works
of improvement to agriculture phases of conservation, development,
utilization, and disposal of water, increased the limits of total
capacity of any single structure from 5,000 acre-feet to 25,000
acre-feet, exclude single structures which provide more than 5,000
acre-feet of floodwater detention capacity, required approval of plans
involving an estimated Federal contribution to construction costs of
more than $250,000, and specified the Congressional committees that must
approve the plans where structures are under and over 4,000 acre-feet of
total capacity.
Committee on Agriculture and Forestry of the Senate abolished and
replaced by Committee on Agriculture, Nutrition, and Forestry 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 Public Works of the Senate abolished and replaced by
Committee on Environment and Public Works 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 Public Works of the House of Representatives changed to
Committee on Public Works and Transportation of the House of
Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d
Congress.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of Title 7, Agriculture.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of Title
7, Agriculture.
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 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(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.
Amendment by act Aug. 7, 1956, as applicable to all works of
improvements and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001 of
this title.
16 USC 1003. Assistance to local organizations
TITLE 16 -- CONSERVATION
In order to assist local organizations in preparing and carrying out
plans for works of improvement, the Secretary is authorized, upon
application of local organizations if such application has been
submitted to, and not disapproved within 45 days by, the State agency
having supervisory responsibility over programs provided for in this
chapter, or by the Governor if there is no State agency having such
responsibility --
(1) to conduct such investigations and surveys as may be necessary to
prepare plans for works of improvement;
(2) to prepare plans and estimates required for adequate engineering
evaluation;
(3) to make allocations of costs to the various purposes to show the
basis of such allocations and to determine whether benefits exceed
costs;
(4) to cooperate and enter into agreements with and to furnish
financial and other assistance to local organizations: Provided, That,
for the land-treatment measures, the Federal assistance shall not exceed
the rate of assistance for similar practices under existing national
programs;
(5) to obtain the cooperation and assistance of other Federal
agencies in carrying out the purposes of this section;
(6) to enter into agreements with landowners, operators, and
occupiers, individually or collectively, based on conservation plans of
such landowners, operators, and occupiers which are developed in
cooperation with and approved by the soil and water conservation
district in which the land described in the agreement is situated, to be
carried out on such land during a period of not to exceed ten years,
providing for changes in cropping systems and land uses and for the
installation of soil and water conservation practices and measures
needed to conserve and develop the soil, water, woodland, wildlife,
energy, and recreation resources of and enhance the water quality of
lands within the area included in plans for works of improvement, as
provided for in such plans, including watershed or subwatershed work
plans in connection with the eleven watershed improvement programs
authorized by section 13 of the Act of December 22, 1944 (58 Stat.
887), as amended and supplemented. Applications for assistance in
developing such conservation plans shall be made in writing to the soil
and water conservation district involved, and the proposed agreement
shall be reviewed by such district. In return for such agreements by
landowners, operators, and occupiers the Secretary shall agree to share
the costs of carrying out those practices and measures set forth in the
agreement for which he determines that cost sharing is appropriate and
in the public interest. The portion of such costs, including labor, to
be shared shall be that part which the Secretary determines is
appropriate and in the public interest for the carrying out of the
practices and measures set forth in the agreement, except that the
Federal assistance shall not exceed the rate of assistance for similar
practices and measures under existing national programs. The Secretary
may terminate any agreement with a landowner, operator, or occupier by
mutual agreement if the Secretary determines that such termination would
be in the public interest, and may agree to such modifications of
agreements, previously entered into hereunder, as he deems desirable to
carry out the purposes of this paragraph or to facilitate the practical
administration of the agreements provided for herein. Notwithstanding
any other provision of law, the Secretary, to the extent he deems it
desirable to carry out the purposes of this paragraph, may provide in
any agreement hereunder for (1) preservation for a period not to exceed
the period covered by the agreement and an equal period thereafter of
the cropland, crop acreage, and allotment history applicable to land
covered by the agreement for the purpose of any Federal program under
which such history is used as a basis for an allotment or other
limitation on the production of any crop; or (2) surrender of any such
history and allotments.
(Aug. 4, 1954, ch. 656, 3, 68 Stat. 666; Aug. 7, 1956, ch. 1027,
1(b), 70 Stat. 1088; Aug. 30, 1972, Pub. L. 92-419, title II, 201(c),
86 Stat. 667; Dec. 22, 1981, Pub. L. 97-98, title XV, 1512(c), 95
Stat. 1333; Nov. 28, 1990, Pub. L. 101-624, title XIV, 1464, 104 Stat.
3616.)
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended
and supplemented, referred to in par. (6), is section 13 of act Dec.
22, 1944, ch. 665, 58 Stat. 887, which was not classified to the Code.
1990 -- Par. (6). Pub. L. 101-624 inserted ''and enhance the water
quality of'' after ''recreation resources of''.
1981 -- Par. (6). Pub. L. 97-98 inserted reference to energy in the
enumeration of the various aspects of lands to be conserved and
developed within areas included under plans for works of improvement.
1972 -- Par. (6). Pub. L. 92-419 added par. (6).
1956 -- Pars. (2) to (6). Act Aug. 7, 1956, substituted in par.
(2) provisions authorizing the Secretary to prepare plans and estimates
required for adequate engineering evaluation for provisions which
authorized the Secretary to make studies for physical and economic
soundness of plans for works of improvement, added par. (3), and
redesignated former pars. (3) and (4) as (4) and (5), respectively.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of Title 7, Agriculture.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
Amendment by act Aug. 7, 1956, as applicable to all works of
improvement and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001 of
this title.
16 USC 1003a. Cost share assistance
TITLE 16 -- CONSERVATION
(a) Easements
The Secretary may provide cost share assistance to project sponsors
to enable such sponsors to acquire perpetual wetland or floodplain
conservation easements to perpetuate, restore and enhance the natural
capability of wetlands and floodplains to retain excessive floodwaters,
improve water quality and quantity, and provide habitat for fish and
wildlife.
(b) Amount
The Secretary shall require that project sponsors of watershed
projects provide up to 50 percent of the cost of acquiring easements
under subsection (a) of this section.
(Aug. 4, 1954, ch. 656, 3A, as added Nov. 28, 1990, Pub. L.
101-624, title XIV, 1462, 104 Stat. 3615.)
16 USC 1004. Conditions for Federal assistance
TITLE 16 -- CONSERVATION
The Secretary shall require as a condition to providing Federal
assistance for the installation of works of improvement that local
organizations shall --
(1) acquire, or with respect to interests in land to be acquired by
condemnation provide assurances satisfactory to the Secretary that they
will acquire, without cost to the Federal Government from funds
appropriated for the purposes of this chapter, such land, easements, or
rights-of-way as will be needed in connection with works of improvement
installed with Federal assistance: Provided, That when a local
organization agrees to operate and maintain any reservoir or other area
included in a plan for public fish and wildlife or recreational
development, the Secretary shall be authorized to bear not to exceed
one-half of the costs of (a) the land, easements, or rights-of-way
acquired or to be acquired by the local organization for such reservoir
or other area, and (b) minimum basic facilities needed for public health
and safety, access to, and use of such reservoir or other area for such
purposes: Provided further, That the Secretary shall be authorized to
participate in recreational development in any watershed project only to
the extent that the need therefor is demonstrated in accordance with
standards established by him, taking into account the anticipated
man-days of use of the projected recreational development and giving
consideration to the availability within the region of existing
water-based outdoor recreational developments: Provided further, That
the Secretary shall be authorized to participate in not more than one
recreational development in a watershed project containing less than
seventy-five thousand acres, or two such developments in a project
containing between seventy-five thousand and one hundred and fifty
thousand acres, or three such developments in projects exceeding one
hundred and fifty thousand acres: Provided further, That when the
Secretary and a local organization have agreed that the immediate
acquisition by the local organization of land, easements, or
right-of-way is advisable for the preservation of sites for works of
improvement included in a plan from encroachment by residential,
commercial, industrial, or other development, the Secretary shall be
authorized to advance to the local organization from funds appropriated
for construction of works of improvement the amounts required for the
acquisition of such land, easements or rights-of-way; and, except where
such costs are to be borne by the Secretary, such advance shall be
repaid by the local organization, with interest, prior to construction
of the works of improvement, for credit to such construction funds:
Provided further, That the Secretary shall be authorized to bear an
amount not to exceed one-half of the costs of the land, easements, or
rights-of-way acquired or to be acquired by the local organization for
mitigation of fish and wildlife habitat losses, and that such
acquisition is not limited to the confines of the watershed project
boundaries;
(2) assume (A) such proportionate share, as is determined by the
Secretary to be equitable in consideration of national needs and
assistance authorized for similar purposes under other Federal programs,
of the costs of installing any works of improvement, involving Federal
assistance (excluding engineering costs), which is applicable to the
agricultural phases of the conservation, development, utilization, and
disposal of water or for fish and wildlife development, recreational
development, ground water recharge, water quality management, or the
conservation and proper utilization of land: Provided, That works of
improvement for water quality management shall consist primarily of
water storage capacity in reservoirs for regulation of streamflow,
except that any such storage and water releases shall not be provided as
a substitute for adequate treatment or other methods of controlling
waste at the source, and shall be consistent with standards and
regulations adopted by the Water Resources Council on Federal cost
sharing for water quality management, and (B) all of the cost of
installing any portion of such works applicable to other purposes except
that any part of the construction cost (including engineering costs)
applicable to flood prevention and features relating thereto shall be
borne by the Federal Government and paid for by the Secretary out of
funds appropriated for the purposes of this chapter: Provided, That, in
addition to and without limitation on the authority of the Secretary to
make loans or advancements under section 1006a of this title, the
Secretary may pay for any storage of water for present or anticipated
future demands or needs for municipal or industrial water included in
any reservoir structure constructed or modified under the provisions of
this chapter as hereinafter provided: Provided further, That the cost
of water storage to meet future demands may not exceed 30 per centum of
the total estimated cost of such reservoir structure and the local
organization shall give reasonable assurances, and there is evidence,
that such demands for the use of such storage will be made within a
period of time which will permit repayment within the life of the
reservoir structure of the cost of such storage: Provided further, That
the Secretary shall determine prior to initiation of construction or
modification of any reservoir structure including such water supply
storage that there are adequate assurances by the local organization or
by an agency of the State having authority to give such assurances, that
the Secretary will be reimbursed the cost of water supply storage for
anticipated future demands, and that the local organization will pay not
less than 50 per centum of the cost of storage for present water supply
demands: And provided further, That the cost to be borne by the local
organization for anticipated future demands may be repaid within the
life of the reservoir structure but in no event to exceed fifty years
after the reservoir structure is first used for the storage of water for
anticipated future water supply demands, except that (1) no
reimbursement of the cost of such water supply storage for anticipated
future demands need be made until such supply is first used, and (2) no
interest shall be charged on the cost of such water-supply storage for
anticipated future demands until such supply is first used, but in no
case shall the interest-free period exceed ten years. The interest rate
used for purposes of computing the interest on the unpaid balance shall
be determined in accordance with the provisions of section 1006a of this
title.
(3) make arrangements satisfactory to the Secretary for defraying
costs of operating and maintaining such works of improvement, in
accordance with regulations presented by the Secretary of Agriculture;
(4) acquire, or provide assurance that landowners or water users have
acquired, such water rights, pursuant to State law, as may be needed in
the installation and operation of the work of improvement;
(5) obtain agreements to carry out recommended soil conservation
measures and proper farm plans from owners of not less than 50 per
centum of the land situated in the drainage area above each retention
reservoir to be installed with Federal assistance; and
(6) submit a plan of repayment satisfactory to the Secretary for any
loan or advancement made under the provisions of section 1006a of this
title.
(Aug. 4, 1954, ch. 656, 4, 68 Stat. 667; Aug. 7, 1956, ch. 1027,
1(c)-(e), 70 Stat. 1088; Sept. 2, 1958, Pub. L. 85-865, 1, 72 Stat.
1605; June 29, 1960, Pub. L. 86-545, 74 Stat. 254; Sept. 27, 1962,
Pub. L. 87-703, title I, 103, 104, 76 Stat. 608, 609; Aug. 30, 1972,
Pub. L. 92-419, title II, 201 (d)-(f), 86 Stat. 668; Dec. 22, 1981,
Pub. L. 97-98, title XV, 1512(d), 95 Stat. 1333.)
1981 -- Par. (1). Pub. L. 97-98 inserted proviso authorizing the
Secretary to bear an amount not to exceed one-half of the costs of the
land, easements, or rights-of-way acquired or to be acquired by the
local organization for mitigation of fish and wildlife habitat losses
and directing that such acquisitions are not limited to the confines of
the watershed project boundaries.
1972 -- Par. (1). Pub. L. 92-419, 201(d), inserted ''from funds
appropriated for the purposes of this chapter'' after ''without cost to
the Federal Government''.
Par. (2)(A). Pub. L. 92-419, 201(e), substituted ''fish and wildlife
development, recreational development, ground water recharge, water
quality management, or the conservation and proper utilization of
land'', for ''fish and wildlife or recreational development'' and
inserted water quality management proviso.
Par. (2)(B). Pub. L. 92-419, 201(f), in revising text and making
changes in phraseology, authorized payment for water storage for present
demands, inserted at end of first proviso ''as hereinafter provided'',
substituted provisions respecting Secretary's determination of adequate
assurances by the local agency or by an agency of the State having
authority to give such assurances that the Secretary will be reimbursed
the cost of water supply storage for anticipated future demands, and
that the local organization will pay not less than 50 per centum of the
cost of storage for present water supply demands, for provisions
respecting the giving of reasonable assurances by the local organization
of repayment of cost of such water supply storage for anticipated future
demands, and substituted permissive provisions for repayment of cost for
anticipated future demands within life of the reservoir structure for
former mandatory provisions.
1962 -- Par. (1). Pub. L. 87-703, 103(1), inserted provisos
respecting cost sharing, participation, number of recreational
developments and advances of funds.
Par. (2)(A). Pub. L. 87-703, 103(2), substituted ''national needs
and assistance authorized for similar purposes under other Federal
programs'' for ''the direct identifiable benefits'' and inserted
''(excluding engineering costs)'' after ''Federal assistance'' and ''or
recreational'' before ''development''.
Par. (2)(B). Pub. L. 87-703, 104, inserted provisos respecting water
storage payments and limitation on amount of such payments, repayment
agreements and period of time for repayment and provisions for
commencement of repayment, interest-free period and rate of interest.
1960 -- Par. (1). Pub. L. 86-545 inserted provisions requiring local
organizations to provide assurances with respect to interests in land to
be acquired by condemnation.
1958 -- Par. (2)(A). Pub. L. 85-865 inserted ''or for fish and
wildlife development'' after ''and disposal of water''.
1956 -- Par. (2). Act Aug. 7, 1956, 1(c), required local
organizations to assume a proportionate share of costs applicable to
agricultural water management in consideration of the direct
identifiable benefits, and all the costs of works applicable to other
purposes, and provided that the Federal Government shall bear the entire
construction costs for flood prevention.
Par. (4). Act Aug. 7, 1956, 1(d), inserted ''or water users'' after
''landowners''.
Par. (6). Act Aug. 7, 1956, 1(e), added par. (6).
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of Title 7, Agriculture.
Section 2 of Pub. L. 85-865 provided that: ''The Secretary of
Agriculture shall not furnish or agree to furnish financial assistance
to local organizations for the institution of works of improvement for
fish and wildlife development pursuant to the authority of this Act
(amending this section) prior to July 1, 1958.''
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
Pub. L. 99-662, title IX, 930, Nov. 17, 1986, 100 Stat. 4196,
provided that: ''The Secretary of Agriculture, acting through the
Administrator of the Soil Conservation Service, shall study and report
to the appropriate committees of the Senate and the House of
Representatives by April 1, 1988, on the feasibility, the desirability,
and the public interest involved in requiring that public access be
provided to any or all water impoundments that have recreation-related
potential and that were authorized pursuant to the Watershed Protection
and Flood Protection Act (68 Stat. 666; 16 U.S.C. 1001 et seq.).''
Amendment by act Aug. 7, 1956, as applicable to all works of
improvement and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001 of
this title.
16 USC 1005. Works of improvement
TITLE 16 -- CONSERVATION
(1) Engineering and other services; reimbursement; advances
At such time as the Secretary and the interested local organization
have agreed on a plan for works of improvement, and the Secretary has
determined that the benefits exceed the costs, and the local
organization has met the requirements for participation in carrying out
the works of improvement as set forth in section 1004 of this title, the
local organization may secure engineering and other services, including
the design, preparation of contracts and specifications, awarding of
contracts, and supervision of construction, in connection with such
works of improvement, by retaining or employing a professional engineer
or engineers satisfactory to the Secretary or may request the Secretary
to provide such services: Provided, That if the local organization
elects to employ a professional engineer or engineers, the Secretary
shall reimburse the local organization for the costs of such engineering
and other services secured by the local organization as are properly
chargeable to such works of improvement in an amount not to exceed the
amount agreed upon in the plan for works of improvement or any
modification thereof: Provided further, That the Secretary may advance
such amounts as may be necessary to pay for such services, but such
advances with respect to any works of improvement shall not exceed 5 per
centum of the estimated installation cost of such works.
(2) Federal construction; request by local organization
Except as to the installation of works of improvement on Federal
lands, the Secretary shall not construct or enter into any contract for
the construction of any structure: Provided, That, if requested to do
so by the local organization, the Secretary may enter into contracts for
the construction of structures.
(3) Transmission of certain plans to Congress
Whenever the estimated Federal contribution to the construction costs
of works of improvement in the plan for any watershed or subwatershed
area shall exceed $5,000,000 or the works of improvement include any
structure having a total capacity in excess of twenty-five hundred
acre-feet, the Secretary shall transmit a copy of the plan and the
justification therefor to the Congress through the President.
(4) Transmission of certain plans and recommendations to Congress
Any plans for works of improvement involving an estimated Federal
contribution to construction costs in excess of $5,000,000 or including
any structure having a total capacity in excess of twenty-five hundred
acre-feet (a) which includes works of improvement for reclamation or
irrigation, or which affects public or other lands or wildlife under the
jurisdiction of the Secretary of the Interior, (b) which includes
Federal assistance for goodwater /1/ detention structures, (c) which
includes features which may affect the public health, or (d) which
includes measures for control or abatement of water pollution, shall be
submitted to the Secretary of the Interior, the Secretary of the Army,
the Secretary of Health and Human Services, or the Administrator of the
Environmental Protection Agency, respectively, for his views and
recommendations at least thirty days prior to transmission of the plan
to the Congress through the President. The views and recommendations of
the Secretary of the Interior, the Secretary of the Army, the Secretary
of Health and Human Services, and the Administrator of the Environmental
Protection Agency, if received by the Secretary prior to the expiration
of the above thirty-day period, shall accompany the plan transmitted by
the Secretary to the Congress through the President.
(5) Rules and regulations
Prior to any Federal participation in the works of improvement under
this chapter, the President shall issue such rules and regulations as he
deems necessary or desirable to carry out the purposes of this chapter,
and to assure the coordination of the work authorized under this chapter
and related work of other agencies, including the Department of the
Interior and the Department of the Army.
(Aug. 4, 1954, ch. 656, 5, 68 Stat. 667; July 19, 1956, ch. 639, 70
Stat. 580; Aug. 7, 1956, ch. 1027, 1(f), 70 Stat. 1089; Sept. 27,
1962, Pub. L. 87-703, title I, 105, 76 Stat. 609; June 27, 1968, Pub.
L. 90-361, 82 Stat. 250; Aug. 30, 1972, Pub. L. 92-419, title II,
201(g), 86 Stat. 669; Sept. 29, 1977, Pub. L. 95-113, title XV,
1506(b), (c), 91 Stat. 1022; Pub. L. 96-88, title V, 509(b), Oct. 17,
1979, 93 Stat. 695; Dec. 22, 1981, Pub. L. 97-98, title XV, 1512(e),
(f), 95 Stat. 1333.)
1981 -- Subd. (3). Pub. L. 97-98, 1512(e), substituted
''$5,000,000'' for ''$1,000,000''.
Subd. (4). Pub. L. 97-98, 1512(f), substituted ''$5,000,000'' for
''$1,000,000''.
1977 -- Subd. (3). Pub. L. 95-113, 1506(b), substituted
''$1,000,000'' for ''$250,000''.
Subd. (4). Pub. L. 95-113, 1506(c), substituted ''$1,000,000'' for
''$250,000''.
1972 -- Subd. (4). Pub. L. 92-419 substituted in item (a) ''works of
improvement for reclamation or irrigation'' for ''reclamation or
irrigation works'', in item (b) ''goodwater'' for ''floodwater'', added
items (c) and (d), required submission of plans to Secretary of Health,
Education, and Welfare, or the Administrator of the Environmental
Protection Agency and transmittal of views and recommendations of such
officials to the Congress.
1968 -- Subd. (2). Pub. L. 90-361 inserted proviso authorizing the
Secretary to enter into contracts for the construction of structures if
requested to do so by the local organization.
1962 -- Subd. (1). Pub. L. 87-703 designated existing provisions as
subd. (1); substituted ''local organization may secure'' for ''local
organization with such assistance as it may request from the Secretary,
which assistance the Secretary is authorized to give, shall secure'' and
''by retaining or employing a professional engineer or engineers
satisfactory to the Secretary or may request the Secretary to provide
such services'' for ''and in order to properly carry out such services
in such projects as to such structures therein providing for municipal
or industrial water supplies, the local organization shall, and in such
projects not providing for municipal or industrial water supplies, the
local organization may, retain or employ a professional engineer or
engineers satisfactory to the Secretary''; struck out '', except that
if the local organization decides not to retain or employ a professional
engineer or if the Secretary determines that competent engineering
services are not available he may contract for a competent engineer to
provide such services or arrange for employees of the Federal Government
to provide such services'' after ''chargeable to such works of
improvement''; provided for reimbursement for other services; and
required the reimbursement not to exceed the amount agreed upon in the
plan for works of improvement or any modification thereof.
Subd. (2). Pub. L. 87-703 designated existing provisions as subd.
(2), and struck out ''unless there is no local organization authorized
by State law to undertake such construction or to enter into such
contract, and in no event after July 1, 1956: Provided, That in
participating in the installation of such works of improvement the
Secretary, as far as practicable and consistent with his
responsibilities for administering the overall national agricultural
program, shall utilize the authority conferred upon him by the
provisions of this chapter'' after ''structure''.
Subds. (3) to (5). Pub. L. 87-703 designated existing provisions as
subds. (3) to (5) and made phraseological changes.
1956 -- Act Aug. 7, 1956, required local organization to secure
engineering and other services and to employ engineers, except in
projects not providing for municipal or industrial water supplies, when
the local organization may or may not employ engineers, provided for
reimbursement of costs of engineers, authorized the Secretary to
contract for engineers or to utilize engineers employed by the Federal
Government when local organizations do not employ any, permitted
advances, required transmittal of plans when Federal contributions to
construction costs are more than $250,000 or the works include any
structures with more than 2,500 acre-feet of total capacity, eliminated
provisions which required transmittal 45 days prior to commencement of
installation, and reduced the period for submission of plans to the
Secretaries of the Interior and the Army from 60 days to 30 days prior
to transmittal to Congress.
Act July 19, 1956, substituted ''fifteen'' for ''forty-five''.
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in par. (4) pursuant to
section 509(b) of Pub. L. 96-88, which is classified to section 3508(b)
of Title 20, Education.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of Title 7, Agriculture.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of Title
7, Agriculture.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
Amendment by act Aug. 7, 1956, as applicable to all works of
improvement and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001 of
this title.
Ex. Ord. No. 10584, Dec. 18, 1954, 19 F.R. 8725, as amended by Ex.
Ord. No. 10913, Jan. 18, 1961, 26 F.R. 510, provided:
Section 1. Scope of order. This order shall apply (a) to the
planning, construction, operation, and maintenance of all works of
improvement under the authority of the Watershed Protection and Flood
Prevention Act (Public Law 566, as approved August 4, 1954, as amended;
U.S.C. 1001 et seq.) (this chapter), hereinafter referred to as the Act,
and (b) to other programs and projects of the Department of Agriculture,
and to programs and projects of the Department of the Interior, the
Department of the Army, and other Federal agencies to the extent that
such programs or projects affect, or are affected significantly by,
works of improvement provided for in the Act.
Sec. 2. General administration. The Secretary of Agriculture shall
have the following-described responsibilities under the Act (this
chapter):
(a) Approval or disapproval of applications for Federal assistance in
preparing plans for works of improvement, and the assignment of
priorities for the provision of such assistance.
(b) Establishing criteria for the formulation and justification of
plans for works of improvement and criteria for the sharing of the cost
of both structural and land-treatment measures which conform with the
provisions of the Act and with policies established by or at the
direction of the President for watershed protection, flood prevention,
irrigation, drainage, water supply, and related water-resources
development purposes.
(c) Establishing engineering and economic standards and objectives,
including standards as to degrees of flood protection, for works of
improvement planned and carried out under the authority of the Act.
(d) Determination and definition of (1) those land-treatment measures
and structural improvements for flood prevention and measures for the
agricultural phases of conservation, development, use and disposal of
water or for fish and wildlife development which are eligible for
assistance under the Act and (2) the nature and extent of such
assistance and the conditions under which such assistance shall be
rendered.
(e) Planning and installing works of improvement on lands under his
jurisdiction, and arranging for the participation of other Federal
agencies in the planning and installation of works of improvement on
lands under their jurisdiction. Recommendations of the heads of other
Federal agencies for necessary works of improvement on lands under their
jurisdiction shall be submitted as an integral part of the plans of the
Department of Agriculture for works of improvement. Arrangements for
construction, operation, and maintenance of works of improvement on such
lands shall be mutually satisfactory to the Secretary of Agriculture and
the head of the Federal agency concerned.
(f) Submitting plans for works of improvement to the State Governor
or Governors concerned and to the Federal agencies concerned for review
and comment when the Secretary and the interested local organization
have agreed on such plans; and, when and as required by the Act,
submitting such plans to the Secretary of the Interior and the Secretary
of the Army for their review and comment prior to transmission of the
plans to the Congress through the President.
(g) Giving full consideration to the recommendations concerning the
conservation and development of fish and wildlife resources contained in
any report of the Secretary of the Interior which is submitted to him,
in accordance with section 12 of the Act (section 1008 of this title)
and section 5 of this order, prior to the time he and the local
organization have agreed on a plan for works of improvement, and
including in the plan such works of improvement for fish and wildlife
purposes recommended in the report as are acceptable to him and the
local organization.
(h) Holding public hearings at suitable times and places when he
determines that such action will further the purposes of the Act.
Sec. 3. Notification. (a) The Secretary of Agriculture shall:
(1) Notify in writing the State Governor or Governors concerned, the
Secretary of the Interior, the Secretary of the Army, and other Federal
agencies concerned of his decision to initiate any survey or field
investigation involving water-resources development work, and furnish
them with appropriate information regarding the scope, nature, status,
and results of such survey or investigation.
(2) Notify the following, severally, in writing of all approvals or
disapprovals of applications for planning assistance: the sponsoring
organization, the State Governor or Governors concerned, the Secretary
of the Interior, the Secretary of the Army, and other Federal agencies
concerned.
(b) The Secretary of the Interior shall notify in writing the State
Governor or Governors concerned, the Secretary of Agriculture, the
Secretary of the Army, and other Federal agencies concerned of his
decision to initiate any survey or field investigation involving
water-resources development work, and furnish them with appropriate
information regarding the scope, nature, status, and results of such
survey or investigation.
(c) The Secretary of the Army shall notify in writing the State
Governor or Governors concerned, the Secretary of Agriculture, the
Secretary of the Interior, and other Federal agencies concerned of his
decision to initiate any survey or field investigation involving
water-resources development work, and furnish them with appropriate
information regarding the scope, nature, status, and results of such
survey or investigation.
Sec. 4. Coordination. In order to assure the coordination of work
authorized under the Act (this chapter) and the related work of other
agencies, so that the proper use, conservation, and development of water
and related land resources through Federal programs and financial
assistance may be achieved in the most orderly, economical, and
effective manner.
(a) The Secretary of Agriculture, before authorizing planning
assistance in response to an application from a local organization for
assistance under the Act (this chapter) shall:
(1) When an application applies to a watershed located in one of the
seventeen western reclamation States or Hawaii and it appears that a
major objective is the agricultural phases of the conservation,
development, utilization, and disposal of water for irrigation purposes,
request the views of the Secretary of the Interior concerning the
feasibility of achieving equivalent irrigation benefits by means of
works of improvement constructed pursuant to the Reclamation Act of June
17, 1902 (43 U.S.C. 391), and acts amendatory or supplementary thereto,
or by means of assistance furnished pursuant to the Small Reclamation
Projects Act of 1956, as amended (43 U.S.C. 422a-422k) (43 U.S.C. 422a
to 422k-1), and authorize planning assistance under the Act only after
carefully considering whether works of improvement under the Act would
be a more appropriate method of achieving that objective.
(2) When it appears that a major objective of an application is the
reduction of flood damages in urban areas (as defined in the most recent
census), request the views of the Secretary of the Army concerning the
feasibility of achieving equivalent urban flood protection benefits by
means of works of improvement constructed pursuant to the Flood Control
Act of March 1, 1917 (39 Stat. 948), the Flood Control Act of May 15,
1928 (45 Stat. 534), the Flood Control Act of June 22, 1936 (49 Stat.
1570), or acts amendatory or supplementary thereto, and authorize
planning assistance under the Act only after carefully considering
whether works of improvement under the Act would be a more appropriate
method of achieving that objective.
(3) When an application applies to a watershed located in the
Tennessee River drainage basin, request the views of the Board of
Directors of the Tennessee Valley Authority concerning the feasibility
of achieving the objectives of the application by means of works of
improvement for flood control or watershed protection constructed under
the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831 et
seq.), and authorize planning assistance under the Act only after
carefully considering whether works of improvement under the Act would
be a more appropriate method of achieving such objectives; and when
such planning assistance is authorized, consult with the Tennessee
Valley Authority throughout all phases of project development concerning
the relationship of works of improvement under the Act to the unified
development and regulation of the Tennessee River system.
(b) The Secretary of the Interior shall, prior to undertaking any
survey or field investigation under the Reclamation Act of June 17, 1902
(43 U.S.C. 391), and acts amendatory or supplementary thereto, or prior
to initiating investigations after receipt of a Notice of Intent to
apply for a loan under the Small Reclamation Projects Act of 1956, as
amended (43 U.S.C. 422a-422k) (43 U.S.C. 422a to 422k-1), relating to
works of improvements wholly within a watershed or subwatershed area of
not more than 250,000 acres, request the views of the Secretary of
Agriculture concerning the feasibility of achieving the major objectives
of the project proposal by means of Federal assistance furnished
pursuant to the Act (this chapter), and submit a report on such a survey
or field investigation or approve such application for assistance only
after carefully considering whether works of improvement under his
authorities would be a more appropriate method of achieving such
objectives.
(c) The Secretary of the Army shall, prior to undertaking any survey
or field investigation pursuant to the Flood Control Act of March 1,
1917 (39 Stat. 948), the Flood Control Act of May 15, 1928 (45 Stat.
534), the Flood Control Act of June 22, 1936 (49 Stat. 1570), and acts
amendatory or supplementary thereto, relating to works of improvement
wholly within a watershed or subwatershed area of not more than 250,000
acres, request the views of the Secretary of Agriculture concerning the
feasibility of achieving the major objectives of the project proposal by
means of Federal assistance furnished pursuant to the Act (this
chapter), and submit a report on such survey or field investigation only
after carefully considering whether works of improvement under his
authorities would be a more appropriate method of achieving such
objectives.
(d) The Board of Directors of the Tennessee Valley Authority shall,
prior to undertaking any survey or field investigation under the
Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831 et
seq.), relating to works of improvement for flood control or watershed
protection to be installed wholly within a watershed or subwatershed
area of not more than 250,000 acres, request the views of the Secretary
of Agriculture concerning the feasibility of achieving the major
objectives of the works of improvement for flood control or watershed
protections by means of works of improvement constructed under the Act
(this chapter), and proceed with such survey or investigation only after
carefully considering whether works of improvement under the Tennessee
Valley Authority Act would be a more appropriate method of achieving
such objectives.
(e) Whenever the foregoing provisions of this section require an
agency head to request the views of another agency head, such request
shall be effected prior to the making of any commitment to local
interests, and local interests shall be informed at the outset of
negotiations that any plan resulting therefrom is subject to
coordination as required by this section.
(f) When any agency having responsibilities for water resources
development is considering the initiation of surveys or field
investigations in a watershed or subwatershed area of not more than
250,000 acres and it appears that the purposes to be served by the
project under investigation could more advantageously be met by means of
a combination of works of improvement under the statutory authority
available to that and other agencies, the appropriate agency head shall
consider with the other agency heads concerned and the cooperating local
interests the feasibility of preparing a jointly developed plan for
coordinated action under available statutory authority.
Sec. 5. Fish and wildlife development. Upon receipt of the notice
required by section 12 of the Act (section 1008 of this title) and
section 3(a)(1) of this order, the Secretary of the Interior, as he
desires, may make surveys and investigations and prepare a report with
recommendations concerning the conservation and development of fish and
wildlife resources and participate, under arrangements satisfactory to
the Secretary of Agriculture, in the preparation of a plan for works of
improvement which will be acceptable to the local organization and the
Secretary of Agriculture.
Sec. 6. Relationship to comprehensive development. (a) The Secretary
of Agriculture shall submit plans for installation of works of
improvement under the Act (this chapter) to the Congress through the
President only if the Secretary is satisfied that such works constitute
needed and harmonious elements in the comprehensive development of the
river subbasin or river basin involved.
(b) Federal agencies having responsibilities for water resource
developments shall, in the design and justification of works of
improvement, take cognizance of all upstream and downstream works in
place and in operation, or soon to be brought into operation. The
guiding principle shall be to adjust the nature, capacity, and operating
characteristics of works of improvement in a manner that (1) reflects
the respective contributions of upstream and downstream works to flood
protection and to the conservation, development, use, and disposal of
water, and (2) provides the best use and control of water resources at
minimum cost. Whenever approximately equivalent benefits can be
obtained from alternative works of improvement, or combinations of
improvements, with approximately the same cost the alternative or
combination lease costly to the Federal Government shall be given
preferential consideration. In case benefits are produced jointly by
more than one work of improvement, or in case complementary
relationships exist between the projects and plans of the several
agencies, the benefits claimed in justification of a system of
improvements shall not include any duplication or compounding of
benefits.
Sec. 7. Basic data. In the utilization of existing basic physical
and economic data, and in the acquisition of additional basic data
required for planning, design, construction, operation and evaluation of
works of improvement authorized under the Act (this chapter), the
Department of Agriculture shall be assisted by the principal basic-data
collection agencies, including the Geological Survey in the Department
of the Interior and the Weather Bureau (now the National Weather
Service) in the Department of Commerce. The basic-data collection
agencies shall assist and cooperate with the Department of Agriculture
with respect to the following:
(a) Provision of pertinent information in the preliminary planning of
works of improvement.
(b) Collaboration in planning programs of hydrologic-data collection
in project areas, in the selection of station sites and installation of
equipment for collecting hydrologic data, and in the collection of such
data.
(c) Collaboration in the analysis and interpretation of hydrologic
data collected specifically for projects initiated under the Act, and of
relevant data which may contribute to an analysis of the effects of such
projects.
Dwight D. Eisenhower.
Ex. Ord. No. 10654, Jan. 20, 1956, 21 F.R. 511, provided:
The functions vested in the President by the third proviso of section
5 of the Watershed Protection and Flood Prevention Act (68 Stat. 667)
(this section), relating to the transmittal to the Congress of copies of
plans for certain works of improvement and the justifications therefor,
are hereby delegated to the Director of the Bureau of the Budget.
Dwight D. Eisenhower.
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget, referred to in Ex. Ord.
No. 10654, transferred to President by section 101 of Reorg. Plan No.
2 of 1970, 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 Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as
Office of Management and Budget and Director of Bureau of the Budget as
Director of Office of Management and Budget.
/1/ So in original. Probably should be ''floodwater''.
16 USC 1006. Cooperative programs
TITLE 16 -- CONSERVATION
The Secretary is authorized in cooperation with other Federal and
with States and local agencies to make investigations and surveys of the
watershed of rivers and other waterways as a basis for the development
of coordinated programs. In areas where the programs of the Secretary
of Agriculture may affect public or other lands under the jurisdiction
of the Secretary of the Interior, the Secretary of the Interior is
authorized to cooperate with the Secretary of Agriculture in the
planning and development of works or programs for such lands.
(Aug. 4, 1954, ch. 656, 6, 68 Stat. 668.)
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
16 USC 1006a. Loans or advancements for financing local share of
costs; repayment; interest; maximum amount
TITLE 16 -- CONSERVATION
The Secretary is authorized to make loans or advancements (a) to
local organizations to finance the local share of costs of carrying out
works of improvement provided for in this chapter, and (b) to State and
local agencies to finance the local share of costs of carrying out works
of improvement (as defined in section 1002 of this title) in connection
with the eleven watershed improvement programs authorized by section 13
of the Act of December 22, 1944 (58 Stat. 887), as amended and
supplemented: Provided, That the works of improvement in connection
with said eleven watershed improvement programs shall be integral parts
of watershed or subwatershed work plans agreed upon by the Secretary of
Agriculture and the concerned State and local agencies. Such loans or
advancements shall be made under contracts or agreements which will
provide, under such terms and conditions as the Secretary deems
appropriate, for the repayment thereof in not more than fifty years from
the date when the principal benefits of the works of improvement first
become available, with interest at the average rate, as determined by
the Secretary of the Treasury, payable by the Treasury upon its
marketable public obligations outstanding at the beginning of the fiscal
year in which the loan or advancement is made, which are neither due nor
callable for redemption for fifteen years from date of issue. With
respect to any single plan for works of improvement, the amount of any
such loan or advancement shall not exceed $10,000,000.
(Aug. 4, 1954, ch. 656, 8, as added Aug. 7, 1956, ch. 1027, 1(g),
70 Stat. 1090; amended May 13, 1960, Pub. L. 86-468, 1, 74 Stat. 131;
Sept. 29, 1977, Pub. L. 95-113, title XV, 1508, 91 Stat. 1022.)
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended
and supplemented, referred to in text, is section 13 of act Dec. 22,
1944, ch. 665, 58 Stat. 887, which was not classified to the Code.
1977 -- Pub. L. 95-113 substituted ''$10,000,000'' for ''five
million dollars'' as the maximum amount of a loan or advancement for any
single plan for works of improvement.
1960 -- Pub. L. 86-468 authorized the Secretary to make loans or
advancements to state and local agencies to finance the local share of
costs of carrying out works of improvement in connection with the 11
watershed improvement programs authorized by section 13 of the act of
Dec. 22, 1944.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of Title
7, Agriculture.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
Section as applicable to all works of improvement and plans for such
works under the provisions of this chapter, see Extension of Benefits
note set out under section 1001 of this title.
16 USC 1006b. Territorial application
TITLE 16 -- CONSERVATION
The provisions of this chapter shall be applicable to Hawaii, Alaska,
Puerto Rico, and the Virgin Islands.
(Aug. 4, 1954, ch. 656, 9, as added Aug. 7, 1956, ch. 1027, 1(g),
70 Stat. 1090.)
Section as applicable to all works of improvement and plans for such
works under the provisions of this chapter, see Extension of Benefits
note set out under section 1001 of this title.
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii
was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No.
3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood
Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note
preceding former section 21 of Title 48, Territories and Insular
Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18,
1959, 73 Stat. 4, set out as a note preceding former section 491 of
Title 48.
16 USC 1007. 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 this chapter, such sums to remain
available until expended. No appropriation hereafter available for
assisting local organizations in preparing and carrying out plans for
works of improvement under the provisions of section 1003 of this title
or clause (a) of section 1006a of this title shall be available for any
works of improvement pursuant to this chapter or otherwise in connection
with the eleven watershed improvement programs authorized by section 13
of the Act of December 22, 1944 (58 Stat. 887), as amended and
supplemented, or for making loans or advancements to State and local
agencies as authorized by clause (b) of section 1006a of this title.
(Aug. 4, 1954, ch. 656, 10, formerly 8, 68 Stat. 668, renumbered
Aug. 7, 1956, ch. 1027, 1(g), 70 Stat. 1090; amended May 13, 1960,
Pub. L. 86-468, 3, 74 Stat. 132.)
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended
and supplemented, referred to in text, is section 13 of act Dec. 22,
1944, ch. 665, 85 Stat. 887, which was not classified to the Code.
1960 -- Pub. L. 86-468 prohibited appropriations available for
assisting local organizations in preparing and carrying out plans for
works of improvement under sections 1003 and 1006a(a) of this title from
being used for works of improvement in connection with the 11 watershed
improvement programs authorized by section 13 of the act of Dec. 22,
1944, or for making loans or advancements to state and local agencies as
authorized by section 1006a(b) of this title.
16 USC 1008. Notification of Secretary of the Interior of approval of
assistance; surveys and investigations; report and recommendations;
consideration; cost of surveys, investigations and reports
TITLE 16 -- CONSERVATION
When the Secretary approves the furnishing of assistance to a local
organization in preparing a plan for works of improvement as provided
for in section 1003 of this title:
(1) The Secretary shall so notify the Secretary of the Interior in
order that the latter, as he desires, may make surveys and
investigations and prepare a report with recommendations concerning the
conservation and development of wildlife resources and participate,
under arrangements satisfactory to the Secretary of Agriculture, in the
preparation of a plan for works of improvement that is acceptable to the
local organization and the Secretary of Agriculture.
(2) Full consideration shall be given to the recommendations
contained in any such report of the Secretary of the Interior as he may
submit to the Secretary of Agriculture prior to the time the local
organization and the Secretary of Agriculture have agreed on a plan for
works of improvement. The plan shall include such of the technically
and economically feasible works of improvement for wildlife purposes
recommended in the report by the Secretary of the Interior as are
acceptable to, and agreed to by, the local organization and the
Secretary of Agriculture, and such report of the Secretary of the
Interior shall, if requested by the Secretary of the Interior, accompany
the plan for works of improvement when it is submitted to the Secretary
of Agriculture for approval or transmitted to the Congress through the
President.
(3) The cost of making surveys and investigations and of preparing
reports concerning the conservation and development of wildlife
resources shall be borne by the Secretary of the Interior out of funds
appropriated to his Department.
(Aug. 4, 1954, ch. 656, 12, as added Aug. 12, 1958, Pub. L. 85-624,
3, 72 Stat. 567.)
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
16 USC 1009. Joint investigations and surveys by Secretary of the Army
and Secretary of Agriculture; reports to Congress
TITLE 16 -- CONSERVATION
The Secretary of the Army and the Secretary of Agriculture, when
authorized to do so by resolutions adopted by the Committee on
Environment and Public Works of the Senate or the Committee on Public
Works and Transportation of the House of Representatives, are authorized
and directed to make joint investigations and surveys in accordance with
their existing authorities of watershed areas in the United States,
Puerto Rico, and the Virgin Islands, and to prepare joint reports on
such investigations and surveys setting forth their recommendations for
the installation of the works of improvement needed for flood prevention
or the conservation, development, utilization, and disposal of water,
and for flood control and allied purposes. Such joint reports shall be
submitted to the Congress through the President for adoption and
authorization by the Congress of the recommended works of improvement:
Provided, That the project authorization procedure established by this
chapter shall not be affected.
(Pub. L. 87-639, 1, Sept. 5, 1962, 76 Stat. 438; H. Res. 988, Jan.
3, 1975; S. Res. 4, Feb. 4, 1977.)
Section was not enacted as part of the Watershed Protection and Flood
Prevention Act which comprises this chapter.
Committee on Public Works of the Senate abolished and replaced by
Committee on Environment and Public Works 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 Public Works of the House of Representatives changed to
Committee on Public Works and Transportation of the House of
Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d
Congress.
Section 2 of Pub. L. 87-639 provided that: ''There are hereby
authorized to be appropriated such sums as may be necessary to carry out
the purposes of this Act (this section), such sums to remain available
until expended.''
16 USC 1010. Data
TITLE 16 -- CONSERVATION
The Secretary shall collect and maintain data on a national and State
by State basis concerning --
(1) expenditures for the individual flood control and conservation
measures for which assistance is provided under this chapter; and
(2) the expected flood control or environmental (including soil
erosion) benefits that will result from the implementation of such
measures.
(Aug. 4, 1954, ch. 656, 13, as added Nov. 28, 1990, Pub. L.
101-624, title XIV, 1463, 104 Stat. 3615.)
16 USC CHAPTER 19 -- NORTH PACIFIC FISHERIES
TITLE 16 -- CONSERVATION
16 USC 1021 to 1023. Repealed. Pub. L. 102-567, title VIII, 814,
Oct. 29, 1992, 106 Stat. 4316, and Pub. L. 102-587, title VIII,
8014, Nov. 4, 1992, 106 Stat. 5106
TITLE 16 -- CONSERVATION
Section 1021, acts Aug. 12, 1954, ch. 669, 2, 68 Stat. 698; July
28, 1978, Pub. L. 95-326, 1(1), 92 Stat. 399, defined terms used in
this chapter.
Section 1022, acts Aug. 12, 1954, ch. 669, 3, 68 Stat. 698; Oct.
9, 1972, Pub. L. 92-471, title I, 108(a), 86 Stat. 786; July 28,
1978, Pub. L. 95-326, 1(2)(A), 92 Stat. 399, related to United States
Commissioners to International North Pacific Fisheries Commission.
Section 1023, acts Aug. 12, 1954, ch. 669, 4, 68 Stat. 698; Oct.
9, 1972, Pub. L. 92-471, title I, 108(b), 86 Stat. 787; July 28,
1978, Pub. L. 95-326, 1(3), 92 Stat. 400, related to advisory
committee.
Section 1 of act Aug. 12, 1954, which provided that such Act was to
be cited as the ''North Pacific Fisheries Act of 1954'', was repealed by
Pub. L. 102-567, title VIII, 814, Oct. 29, 1992, 106 Stat. 4316, and
Pub. L. 102-587, title VIII, 8014, Nov. 4, 1992, 106 Stat. 5016.
16 USC 1024. Repealed. Pub. L. 92-471, title I, 108(c), Oct. 9,
1972, 86 Stat. 787
TITLE 16 -- CONSERVATION
Section, act Aug. 12, 1954, ch. 669, 5, 68 Stat. 698, provided
that service of individuals appointed as United States Commissioners
shall not be treated as service for purposes of certain sections of
Title 18, Crimes and Criminal Procedure, and Title 5, Government
Organization and Employees.
16 USC 1025 to 1027. Repealed. Pub. L. 102-567, title VIII, 814,
Oct. 29, 1992, 106 Stat. 4316, and Pub. L. 102-587, title VIII,
8014, Nov. 4, 1992, 106 Stat. 5106
TITLE 16 -- CONSERVATION
Section 1025, acts Aug. 12, 1954, ch. 669, 6, 68 Stat. 699; July
28, 1978, Pub. L. 95-326, 1(4), 92 Stat. 400, related to acceptance
or rejection of recommendations of Commission by Secretary of State.
Section 1025a, act Aug. 12, 1954, ch. 669, 7, as added Oct. 9,
1972, Pub. L. 92-471, title I, 101, 86 Stat. 784; amended July 28,
1978, Pub. L. 95-326, 1(5), 92 Stat. 400, related to administration
and enforcement of Convention, this chapter, and regulations.
Section 1026, acts Aug. 12, 1954, ch. 669, 8, formerly 7, 68
Stat. 699; renumbered 8, Oct. 9, 1972, Pub. L. 92-471, title I,
101, 86 Stat. 784, related to cooperation with other agencies.
Section 1027, acts Aug. 12, 1954, ch. 669, 9, formerly 8, 68
Stat. 699; renumbered 9 and amended Oct. 9, 1972, Pub. L. 92-471,
title I, 102, 103, 107, 86 Stat. 784, 786; July 28, 1978, Pub. L.
95-326, 1(6), 92 Stat. 400, related to enforcement of this chapter.
16 USC 1028. Transferred
TITLE 16 -- CONSERVATION
Section, act Aug. 12, 1954, ch. 669, 9, 68 Stat 699, was
redesignated as subsec. (f) of section 9 of act Aug. 12, 1954, ch.
669, by Pub. L. 92-471, title I, 102(1), Oct. 9, 1972, 86 Stat. 784,
and transferred to section 1027(f) of this title.
16 USC 1029, 1030. Repealed. Pub. L. 102-567, title VIII, 814, Oct.
29, 1992, 106 Stat. 4316, and Pub. L. 102-587, title VIII, 8014, Nov.
4, 1992, 106 Stat. 5106
TITLE 16 -- CONSERVATION
Section 1029, acts Aug. 12, 1954, ch. 669, 10, 68 Stat. 699;
Oct. 9, 1972, Pub. L. 92-471, title I, 104, 86 Stat. 784; July 28,
1978, Pub. L. 95-326, 1(7), 92 Stat. 402, related to unlawful
activities.
Section 1030, acts Aug. 12, 1954, ch. 669, 11, 68 Stat. 700;
Oct. 9, 1972, Pub. L. 92-471, title I, 105, 86 Stat. 785; July 28,
1978, Pub. L. 95-326, 1(8), 92 Stat. 402; Oct. 30, 1978, Pub. L.
95-553, 1(1), 92 Stat. 2072, related to penalties.
16 USC 1031. Repealed. Pub. L. 95-326, 1(9), July 28, 1978, 92 Stat.
404
TITLE 16 -- CONSERVATION
Section, acts Aug. 12, 1954, ch. 669, 12, 68 Stat. 700; July 24,
1957, Pub. L. 85-114, 71 Stat. 310; Oct. 9, 1972, Pub. L. 92-471,
title I, 106, 86 Stat. 785, set forth provisions relating to powers
and authorities of enforcement officers.
Repeal effective July 28, 1978, see section 2 of Pub. L. 95-326, set
out as an Effective Date of 1978 Amendment note under section 1021 of
this title.
16 USC 1032 to 1035. Repealed. Pub. L. 102-567, title VIII, 814,
Oct. 29, 1992, 106 Stat. 4316, and Pub. L. 102-587, title VIII,
8014, Nov. 4, 1992, 106 Stat. 5106
TITLE 16 -- CONSERVATION
Section 1032, acts Aug. 12, 1954, ch. 669, 12, formerly 13, 68
Stat. 701; Oct. 9, 1972, Pub. L. 92-471, title I, 107(c), 108(d),
86 Stat. 786, 787; renumbered 12 and amended July 28, 1978, Pub. L.
95-326, 1(9), (10), 92 Stat. 404, related to funding requirements.
Section 1033, act Aug. 12, 1954, ch. 669, 13, as added July 28,
1978, Pub. L. 95-326, 1(12), 92 Stat. 404, related to registration
permits for Canadian or Japanese fishing vessels in fishery conservation
zone.
Section 1034, act Aug. 12, 1954, ch. 669, 14, as added July 28,
1978, Pub. L. 95-326, 1(12), 92 Stat. 405; amended Oct. 30, 1978,
Pub. L. 95-553, 1(2), 92 Stat. 2072; Dec. 29, 1982, Pub. L.
97-389, title II, 201, 96 Stat. 1949, related to protection of marine
mammals.
Section 1035, act Aug. 12, 1954, ch. 669, 15, as added July 28,
1978, Pub. L. 95-326, 1(12), 92 Stat. 406, related to provisional
administrative authorization.
16 USC CHAPTER 20 -- NATIONAL FISHERIES CENTER AND AQUARIUM
TITLE 16 -- CONSERVATION
Sec.
1051. Authorization of Administrator of General Services.
(a) Planning, construction, and maintenance of Center and Aquarium.
(b) Use, purchase, lease, etc. of Federal lands.
1052. Authorization of Secretary of the Interior.
(a) Operation of Center and Aquarium.
(b) Specimens and exhibits; catalogs and other printed matter and
films, animations and photographic and other material; employment of
experts, consultants, and organizations; use of auditorium and other
areas; use of facilities by foreigners.
1053. Delegation of responsibility for operation.
1054. Advisory Board; establishment; meetings; functions;
quorum; executive secretary.
1055. Members of Advisory Board.
(a) Appointment and number of members.
(b) Terms of office.
(c) Vacancies.
1056. Compensation of Advisory Board.
1057. Preparation of annual report by Director.
1058. Limitation on appropriations and expenditures; charges for
visitation and use.
16 USC 1051. Authorization of Administrator of General Services
TITLE 16 -- CONSERVATION
(a) Planning, construction, and maintenance of Center and Aquarium
The Administrator of General Services (hereinafter referred to as the
''Administrator'') is authorized to plan, construct, and maintain a
National Fisheries Center and Aquarium in the District of Columbia or
its vicinity for research in fisheries and for the display of fresh
water and marine fishes and other aquatic resources for educational,
recreational, cultural, and scientific purposes.
(b) Use, purchase, lease, etc. of Federal lands
The Administrator is further authorized to use Federal land and
property for purposes of this chapter with the consent of the particular
agency having administrative jurisdiction thereover, and, if said
property is unavailable for purposes hereof, he may purchase, lease, or
otherwise acquire such lands, waters, and interests therein, as he may
deem necessary to carry out the provisions of subsection (a) of this
section.
(Pub. L. 87-758, 1, Oct. 9, 1962, 76 Stat. 752.)
16 USC 1052. Authorization of Secretary of the Interior
TITLE 16 -- CONSERVATION
(a) Operation of Center and Aquarium
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') shall operate the National Fisheries Center and Aquarium.
(b) Specimens and exhibits; catalogs and other printed matter and
films, animations and photographic and other material; employment of
experts, consultants, and organizations; use of auditorium and other
areas; use of facilities by foreigners
The Secretary is further authorized to --
(1) construct, purchase or lease, and operate and maintain vessels
for specimen collecting purposes and, without regard to section 5 of
title 41, to contract for such collection of specimens and to purchase
or exchange specimens and exhibit materials;
(2) prepare for free distribution or exhibit or to offer for sale at
cost illustrated catalogs of specimens, brochures, and other printed
matter and films, animations and photographic and other material
pertaining to the National Fisheries Center and Aquarium and its
objectives and to aquariums generally, all or any of which may be
reproduced by any printing or other process without regard to existing
regulations, the proceeds of sales to be covered into the United States
Treasury;
(3) employ, as authorized by section 3109 of title 5, but at rates
not to exceed $50 per diem plus expenses, experts, consultants, or
organizations thereof, as required to assist with the planning, design,
construction, and operation of the National Fisheries Center and
Aquarium;
(4) permit on such terms and conditions as he shall consider to be in
the public interest the use of auditorium and other areas for meetings
and exhibits of societies and groups whose purposes are related to fish
and wildlife generally; and
(5) encourage the use of the educational and scientific facilities
and equipment at the National Fisheries Center and Aquarium by
individuals of any nation with which the United States maintains
diplomatic relations and which extends similar use of its educational
and scientific facilities and equipment to citizens of the United
States.
(Pub. L. 87-758, 2, Oct. 9, 1962, 76 Stat. 752.)
In subsec. (b)(3), ''section 3109 of title 5'' substituted for
''section 15 of the Administrative Expenses Act of 1946 (5 U.S.C.
55a)'' 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.
16 USC 1053. Delegation of responsibility for operation
TITLE 16 -- CONSERVATION
The Secretary shall assign the responsibility for the operation of
the National Fisheries Center and Aquarium and related activities to
that branch of the United States Fish and Wildlife Service having as its
major activity the rearing and holding of living fishes, including the
operation of aquariums.
(Pub. L. 87-758, 3, Oct. 9, 1962, 76 Stat. 753; Pub. L. 93-271,
1(3), Apr. 22, 1974, 88 Stat. 92.)
''United States Fish and Wildlife Service'' substituted in text for
''Bureau of Sport Fisheries and Wildlife'' on authority of Pub. L.
93-271, 1(3), which is classified to section 742b(c) of this title.
16 USC 1054. Advisory Board; establishment; meetings; functions;
quorum; executive secretary
TITLE 16 -- CONSERVATION
There is established a nonpartisan Advisory Board to be known as the
National Fisheries Center and Aquarium Advisory Board. The Advisory
Board shall meet from time to time on the call of the Chairman. The
functions of the Board shall be to render advice and to submit
recommendations to the Secretary of the Interior upon his request, or
upon its own initiative, concerning the management and operation of the
National Fisheries Center and Aquarium. Five members shall constitute a
quorum to transact business. The Secretary may designate an employee of
the Department to serve as Executive Secretary to the Board.
(Pub. L. 87-758, 4, Oct. 9, 1962, 76 Stat. 753.)
Advisory boards 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 board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Officers and Employees.
16 USC 1055. Members of Advisory Board
TITLE 16 -- CONSERVATION
(a) Appointment and number of members
The Advisory Board shall be composed of nine members. The Secretary
shall designate the Chairman of the Advisory Board. The Assistant
Secretary of the Interior for Fish and Wildlife shall be a member of
such Board ex officio. The remaining eight members of such Board shall
be appointed as follows --
(1) two Members of the Senate, appointed by the President of the
Senate;
(2) two Members of the House of Representatives, appointed by the
Speaker of the House of Representatives;
(3) two individuals appointed by the Secretary, one of whom shall be
engaged in or closely associated with, sport fishing, and one of whom
shall be engaged in, or closely associated with, commercial fishing;
and
(4) two individuals appointed by the Secretary from the public at
large.
(b) Terms of office
Each class of two members of the Advisory Board referred to in
subsection (a) of this section shall be appointed for terms of four
years, except that, of each such class of two members initially
appointed, one shall be appointed for a term of two years. 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 remainder of such term. Of each class of two members of such Board
referred to in paragraphs (1) and (2) of subsection (a) of this section,
not more than one shall be from the same political party, and not more
than one shall be from the same State. Any member of such Board
referred to in such paragraphs (1) and (2) who shall cease to be a
Member of Congress during the term of his appointment under this section
shall cease to be a member of such Board.
(c) Vacancies
Any vacancy in the Advisory Board shall be filled in the same manner
as in the case of the original appointment.
(Pub. L. 87-758, 5, Oct. 9, 1962, 76 Stat. 753.)
Advisory boards 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 board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Officers and Employees.
16 USC 1056. Compensation of Advisory Board
TITLE 16 -- CONSERVATION
Members of the Advisory Board, other than members appointed under
paragraphs (3) and (4) of subsection (a) of section 1055 of this title,
shall serve without compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of the duties vested in the Board. Members of the Board
appointed under paragraphs (3) and (4) of subsection (a) of section 1055
of this title may each receive $50 per diem when engaged in the actual
performance of duties vested in the Board, in addition to reimbursement
for travel, subsistence, and other necessary expenses incurred by them
in the performance of such duties.
(Pub. L. 87-758, 6, Oct. 9, 1962, 76 Stat. 754.)
Advisory boards 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 board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Officers and Employees.
16 USC 1057. Preparation of annual report by Director
TITLE 16 -- CONSERVATION
The Director of the National Fisheries Center and Aquarium shall
prepare for the Advisory Board an annual report for presentation to the
Secretary of the Interior and to the Congress.
(Pub. L. 87-758, 7, Oct. 9, 1962, 76 Stat. 754.)
16 USC 1058. Limitation on appropriations and expenditures; charges
for visitation and use
TITLE 16 -- CONSERVATION
Funds appropriated and expended hereunder for construction of the
buildings for the National Fisheries Center and Aquarium shall not
exceed $10,000,000: Provided, That the expenditure of such funds shall
be made subject to the condition that the Secretary of the Interior
shall establish charges relating to visitation to and uses of the
National Fisheries Center and Aquarium at such rates as in the
Secretary's judgment will produce revenues to (a) liquidate the costs of
construction within a period of not to exceed thirty years and (b) pay
for the annual operation and maintenance costs thereof.
(Pub. L. 87-758, 8, Oct. 9, 1962, 76 Stat. 754.)
16 USC CHAPTER 21 -- PROHIBITION OF FOREIGN FISHING VESSELS IN THE
TERRITORIAL WATERS OF THE UNITED STATES
TITLE 16 -- CONSERVATION
16 USC 1081 to 1086. Repealed. Pub. L. 94-265, title IV, 402(b),
Apr. 13, 1976, 90 Stat. 360
TITLE 16 -- CONSERVATION
Section 1081, Pub. L. 88-308, 1, May 20, 1964, 78 Stat. 194; Pub.
L. 90-427, July 26, 1968, 82 Stat. 445; 1970 Reorg. Plan No. 4, eff.
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, dealt with prohibition
against foreign fishing within the territorial waters of the United
States and conditions under which exceptions to prohibition will be
recognized. See sections 1821 to 1825 of this title.
Section 1082, Pub. L. 88-308, 2, May 20, 1964, 78 Stat. 195; Pub.
L. 91-514, 1, Oct. 27, 1970, 84 Stat. 1296, covered violations and
penalties, seizure, forfeiture, and condemnation of property belonging
to anyone violating the provisions relating to the territorial waters of
the United States. See sections 1857 to 1860 of this title.
Section 1083, Pub. L. 88-308, 3, May 20, 1964, 78 Stat. 195; Pub.
L. 90-578, title IV, 402, Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L.
91-514, 2, Oct. 27, 1970, 84 Stat. 1297, related to enforcement
responsibilities and joint responsibility of the Secretaries of
Commerce, Treasury, and the department in which the Coast Guard is
operating. See section 1861 of this title.
Section 1084, Pub. L. 88-308, 4, May 20, 1964, 78 Stat. 196; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,
covered authority of Secretaries of Commerce and Treasury to jointly or
severally issue regulations under this chapter.
Section 1085, Pub. L. 88-308, 5, May 20, 1964, 78 Stat. 196; Pub.
L. 93-242, 15, Jan. 2, 1974, 87 Stat. 1068, covered definitions of
''Continental Shelf fishery resource'', ''fisheries'', ''Continental
Shelf'', and authorized Secretary of Commerce to enlarge list of covered
organisms. See section 1802 of this title.
Section 1086, Pub. L. 88-308, 6, as added Pub. L. 91-514, 3, Oct.
27, 1970, 84 Stat. 1297, authorized Secretary of Treasury to pay up to
$5,000 to an informer for original information concerning violations
under this chapter.
Section 402(b) of Pub. L. 94-265 provided that repeal of sections
1081 to 1086 of this title is effective Mar. 1, 1977.
16 USC CHAPTER 21A -- FISHERIES ZONE CONTIGUOUS TO TERRITORIAL SEA OF
THE UNITED STATES
TITLE 16 -- CONSERVATION
16 USC 1091 to 1094. Repealed. Pub. L. 94-265, title IV, 402(a),
Apr. 13, 1976, 90 Stat. 360
TITLE 16 -- CONSERVATION
Sections, Pub. L. 89-658, 1-4, Oct. 14, 1966, 80 Stat. 908, set
out provisions authorizing the establishment of a fishery zone
contiguous to the territorial sea of the United States. See section
1801 et seq. of this title.
Section 402(a) of Pub. L. 94-265 provided that repeal of sections
1091 to 1094 of this title is effective Mar. 1, 1977.
16 USC CHAPTER 21B -- PROHIBITION OF CERTAIN FOREIGN FISHING VESSELS IN
UNITED STATES FISHERIES
TITLE 16 -- CONSERVATION
16 USC 1100 to 1100a-3. Omitted
TITLE 16 -- CONSERVATION
Sections 1100 to 1100a-3 were omitted pursuant to section 1100 which
prohibited certain activities during the five-year period beginning on
Oct. 27, 1972.
Section 1100, Pub. L. 92-601, 1, Oct. 27, 1972, 86 Stat. 1327,
provided that during the five-year period beginning on October 27, 1972,
it shall be unlawful for any person on board any prohibited vessel to
transfer at sea or cause to be transferred at sea any prohibited fish;
or to land or cause to be landed any prohibited fish in any port of the
United States.
Section 1100a, Pub. L. 92-601, 2, Oct. 27, 1972, 86 Stat. 1327,
prescribed penalties for violations of this chapter.
Section 1100a-1, Pub. L. 92-601, 3, Oct. 27, 1972, 86 Stat. 1327,
provided for enforcement of this chapter.
Section 1100a-2, Pub. L. 92-601, 4, Oct. 27, 1972, 86 Stat. 1328,
authorized the issuance of regulations to implement this chapter.
Section 1100a-3, Pub. L. 92-601, 5, Oct. 27, 1972, 86 Stat. 1328,
provided definitions for this chapter.
16 USC CHAPTER 21C -- OFFSHORE SHRIMP FISHERIES
TITLE 16 -- CONSERVATION
16 USC 1100b to 1100b-10. Omitted
TITLE 16 -- CONSERVATION
Sections 1100b to 1100b-10 were omitted pursuant to section 13 of
Pub. L. 93-242, Jan. 2, 1974, 87 Stat. 1068, as amended by Pub. L.
94-58, 2, July 24, 1975, 89 Stat. 266, which provided that the
provisions of this chapter would expire Sept. 30, 1977.
Section 1100b, Pub. L. 93-242, 2, Jan. 2, 1974, 87 Stat. 1061;
Pub. L. 94-58, 3(a), July 24, 1975, 89 Stat. 266, provided definitions
for this chapter.
Section 1100b-1, Pub. L. 93-242, 3, Jan. 2, 1974, 87 Stat. 1063;
Pub. L. 94-58, 3(b), July 24, 1975, 89 Stat. 266, authorized the
issuance of permits for vessels documented under the laws of the United
States to engage in fishing.
Section 1100b-2, Pub. L. 93-242, 4, Jan. 2, 1974, 87 Stat. 1064;
Pub. L. 94-58, 3(c), July 24, 1975, 89 Stat. 266, established
procedures for applying for and granting permits.
Section 1100b-3, Pub. L. 93-242, 5, Jan. 2, 1974, 87 Stat. 1065;
Pub. L. 94-58, 3(d), July 24, 1975, 89 Stat. 267, provided for
issuance of letters of voluntary compliance.
Section 1100b-4, Pub. L. 93-242, 6, Jan. 2, 1974, 87 Stat. 1065;
Pub. L. 94-58, 3(e), July 24, 1975, 89 Stat. 267, established the
Offshore Shrimp Fisheries Fund.
Section 1100b-5, Pub. L. 93-242, 7, Jan. 2, 1974, 87 Stat. 1065,
established requirements for maintaining a logbook and providing the
Secretary of Commerce with any other necessary information.
Section 1100b-6, Pub. L. 93-242, 8, Jan. 2, 1974, 87 Stat. 1066;
Pub. L. 94-58, 3(f), July 24, 1975, 89 Stat. 267, detailed prohibited
activities.
Section 1100b-7, Pub. L. 93-242, 9, Jan. 2, 1974, 87 Stat. 1066;
Pub. L. 94-58, 3(g), July 24, 1975, 89 Stat. 267, prescribed penalties
and procedures for violations of this chapter.
Section 1100b-8, Pub. L. 93-242, 10, Jan. 2, 1974, 87 Stat. 1067,
provided for enforcement of this chapter.
Section 1100b-9, Pub. L. 93-242, 11, Jan. 2, 1974, 87 Stat. 1067,
authorized the issuance of regulations to implement this chapter.
Section 1100b-10, Pub. L. 93-142, 12, Jan. 2, 1974, 87 Stat.
1068, authorized appropriations for the enforcement of this chapter.
16 USC CHAPTER 22 -- INTERNATIONAL PARKS
TITLE 16 -- CONSERVATION
Sec.
1101. Definitions.
1102. Joint United States-Canadian Commission; establishment;
functions.
1103. Powers of Commission.
1104. Membership of Commission.
(a) Selection.
(b) Chairman and Vice Chairman.
(c) Quorum.
1105. Compensation.
1106. Employees.
1107. Meetings and reports; inspection of records.
1108. Insurance.
1109. Court action; service of process.
1110. Liability.
(a) United States.
(b) Payment; exemption of property from attachment, execution, etc.
(c) Individual members of Commission.
1111. Exemption from taxation.
1112. Tax treatment of any gift, devise or bequest to the
Commission.
1113. Authorization of appropriations.
16 USC 1101. Definitions
TITLE 16 -- CONSERVATION
For the purposes of this chapter:
(a) The term ''Commission'' means the Roosevelt Campobello
International Park Commission.
(b) The term ''United States members'' means members of the
Commission appointed by the President. The term ''Canadian members''
means members of the Commission appointed by the appropriate authorities
in Canada.
(Pub. L. 88-363, 2, July 7, 1964, 78 Stat. 299.)
Section 1 of Pub. L. 88-363 provided: ''That this Act (enacting
this chapter) may be cited as the 'Roosevelt Campobello International
Park Act'.''
16 USC 1102. Joint United States-Canadian Commission; establishment;
functions
TITLE 16 -- CONSERVATION
There shall be established, in accordance with the agreement between
the Governments of the United States and Canada, signed January 22,
1964, a joint United States-Canadian Commission, to be called the
''Roosevelt Campobello International Park Commission,'' which shall have
as its functions --
(a) to accept title from the Hammer family to the former Roosevelt
estate comprising the Roosevelt home and other grounds on Campobello
Island;
(b) to take the necessary measures to restore the Roosevelt home as
closely as possible to its condition when it was occupied by President
Franklin Delano Roosevelt;
(c) to administer as a memorial the Roosevelt Campobello
International Park comprising the Roosevelt estate and such other lands
as may be acquired.
(Pub. L. 88-363, 3, July 7, 1964, 78 Stat. 299.)
16 USC 1103. Powers of Commission
TITLE 16 -- CONSERVATION
The Commission shall have juridical personality and all powers and
capacity necessary or appropriate for the purpose of performing its
functions pursuant to the agreement between the Governments of the
United States and Canada signed January 22, 1964, which shall include
but not be limited to the power and capacity --
(a) to acquire property, both real and personal, or interests
therein, by gift, including conditional gifts whether conditioned on the
expenditure of funds to be met therefrom or not, by purchase, by lease
or otherwise, and to hold or dispose of the same under such terms and
conditions as it sees fit, excepting the power to dispose of the
Roosevelt home and the tract of land on which it is located;
(b) to enter into contracts;
(c) to sue or be sued, complain and defend, implead and be impleaded,
in any United States district court. In such suits, the Attorney
General shall supervise and control the litigation;
(d) to appoint its own employees, including an executive secretary
who shall act as secretary at meetings of the Commission and to fix the
terms and conditions of their employment and compensation;
(e) to delegate to the executive secretary or other officials and to
authorize the redelegation of such authority respecting the employment
and direction of its employees and the other responsibilities of the
Commission as it deems desirable and appropriate;
(f) to adopt such rules of procedure as it deems desirable to enable
it to perform the functions set forth in this agreement;
(g) to charge admission fees for entrance to the park should the
Commission consider such fees desirable; however, such fees shall be
set at a level which will make the facilities readily available to
visitors; any revenues derived from admission fees or concession
operations of the Commission shall be transmitted in equal shares to the
two Governments within sixty days of the end of the Commission's fiscal
year, the United States share to be turned over to the appropriate
Federal agency for deposit into the United States Treasury in accordance
with the laws governing entrance fees received by the National Park
Service;
(h) to grant concessions; if deemed desirable;
(i) to adopt and use a seal;
(j) to obtain without reimbursement for use either in the United
States or in Canada, legal, engineering, architectural, accounting,
financial, maintenance, and other services, whether by assignment,
detail, or otherwise, from competent agencies in the United States or in
Canada, by arrangements with such agencies.
(Pub. L. 88-363, 4, July 7, 1964, 78 Stat. 299.)
16 USC 1104. Membership of Commission
TITLE 16 -- CONSERVATION
(a) Selection
The Commission shall consist of six members, of whom three shall be
the United States members and three shall be the Canadian members. The
United States members shall be three persons appointed by the President,
of whom one shall be selected from nominations which may be made by the
Governor of the State of Maine. Alternates to United States members
shall be appointed in the same manner as the members themselves. The
United States members and their alternates shall hold office at the
pleasure of the President. A vacancy among the United States members of
the Commission or their alternates shall be filled in the same manner in
which the original appointment was made. An alternate shall, in the
absence of the member of the Commission for whom he is alternate, attend
meetings of the Commission and act and vote in the place and instead of
that member of the Commission.
(b) Chairman and Vice Chairman
The Commission shall elect a Chairman and a Vice Chairman from among
its members, each of whom shall hold office for a term of two years.
The post of Chairman shall be filled for alternate terms by a Canadian
and by a United States member. The post of Vice Chairman shall be
filled by a Canadian member if the post of Chairman is held by a United
States member, and by a United States member if the post of Chairman is
held by a Canadian member. In the event of a vacancy in the office of
Chairman or Vice Chairman within the two-year term, the vacancy shall be
filled for the remainder of the term by special election in accordance
with the foregoing requirements. The Vice Chairman shall act as
Chairman in the absence of the Chairman.
(c) Quorum
Four members of the Commission shall constitute a quorum for the
transaction of business, but the affirmative votes of at least two
United States members, or their alternates, and at least two Canadian
members, or their alternates, shall be required for any decision to be
made by the Commission.
(Pub. L. 88-363, 5, July 7, 1964, 78 Stat. 300.)
16 USC 1105. Compensation
TITLE 16 -- CONSERVATION
No compensation will be attached to the position of United States
members of the Commission. United States members or their alternates
shall be reimbursed by the Commission for travel expenses in accordance
with section 5703 of title 5 and the Standardized Government Travel
Regulations.
(Pub. L. 88-363, 6, July 7, 1964, 78 Stat. 300.)
''Section 5703 of title 5'' substituted in text for ''section 5 of
the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2),''
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.
16 USC 1106. Employees
TITLE 16 -- CONSERVATION
The Commission may employ both United States and Canadian citizens.
(Pub. L. 88-363, 7, July 7, 1964, 78 Stat. 300.)
16 USC 1107. Meetings and reports; inspection of records
TITLE 16 -- CONSERVATION
The Commission shall hold at least one meeting every calendar year
and shall submit an annual report to the United States and Canadian
Governments on or before March 31 of each year, including a general
statement of the operation for the previous year and the results of an
independent audit of the financial operations of the Commission. The
Commission shall permit inspection of its records by the accounting
agencies of both the United States and Canadian Governments.
(Pub. L. 88-363, 8, July 7, 1964, 78 Stat. 301.)
16 USC 1108. Insurance
TITLE 16 -- CONSERVATION
The Commission shall maintain insurance in reasonable amounts,
including, but not limited to, liability and property insurance. Such
insurance may not cover the Commissioners or employees of the Commission
except when sued by name for acts done in the scope of their employment.
(Pub. L. 88-363, 9, July 7, 1964, 78 Stat. 301.)
16 USC 1109. Court action; service of process
TITLE 16 -- CONSERVATION
In an action against the Commission instituted in a district court of
the United States, service of the summons and of the complaint upon the
Commission shall be made by delivering a copy thereof to the United
States attorney for the district in which the action is brought, or to
an assistant United States attorney, or to a clerical employee
designated by the United States attorney to accept service in a writing
filed with the clerk of the court, and by sending a copy of the summons
and of the complaint to the Commission by registered or certified mail.
(Pub. L. 88-363, 10, July 7, 1964, 78 Stat. 301.)
16 USC 1110. Liability
TITLE 16 -- CONSERVATION
(a) United States
The United States Government shall not be liable for any act or
omission of the Commission or of any person employed by, or assigned or
detailed to, the Commission.
(b) Payment; exemption of property from attachment, execution, etc.
Any liability of the Commission shall be met from funds of the
Commission to the extent that it is not covered by insurance, or
otherwise. Property belonging to the Commission shall be exempt from
attachment, execution, or other process for satisfaction of claims,
debts, or judgments.
(c) Individual members of Commission
No liability of the Commission shall be imputed to any member of the
Commission solely on the basis that he occupies the position of member
of the Commission.
(Pub. L. 88-363, 11, July 7, 1964, 78 Stat. 301.)
16 USC 1111. Exemption from taxation
TITLE 16 -- CONSERVATION
The Commission shall not be subject to Federal, State, or municipal
taxation in the United States on any real or personal property held by
it or on any gift, bequest, or devise to it of any personal or real
property, or on its income, whether from governmental appropriations,
admission fees, concessions, or donations.
(Pub. L. 88-363, 12, July 7, 1964, 78 Stat. 301.)
16 USC 1112. Tax treatment of any gift, devise or bequest to the
Commission
TITLE 16 -- CONSERVATION
For the purpose of Federal income, estate, and gift taxes, any gift,
devise, or bequest to or for the use of the Commission, and accepted by
the Commission under authority of this chapter, shall be deemed to be a
gift, devise, or bequest to or for the use of the United States, as the
case may be, if it is not deducted as a gift, devise, or bequest to or
for the use of the Government of Canada under the income, estate, or
gift tax laws of the Government of Canada.
(Pub. L. 88-363, 13, July 7, 1964, 78 Stat. 301.)
16 USC 1113. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated to the Department of
the Interior without fiscal year limitation such sums as may be
necessary for the purposes of this chapter and the agreement with the
Government of Canada signed January 22, 1964, article 11 of which
provides that the Governments of the United States and Canada shall
share equally the costs of developing and the annual cost of operating
and maintaining the Roosevelt Campobello International Park.
(Pub. L. 88-363, 14, July 7, 1964, 78 Stat. 301.)
16 USC CHAPTER 23 -- NATIONAL WILDERNESS PRESERVATION SYSTEM
TITLE 16 -- CONSERVATION
Sec.
1131. National Wilderness Preservation System.
(a) Establishment; Congressional declaration of policy; wilderness
areas; administration for public use and enjoyment, protection,
preservation, and gathering and dissemination of information;
provisions for designation as wilderness areas.
(b) Management of area included in System; appropriations.
(c) ''Wilderness'' defined.
1132. Extent of System.
(a) Designation of wilderness areas; filing of maps and descriptions
with Congressional committees; correction of errors; public records;
availability of records in regional offices.
(b) Review by Secretary of Agriculture of classifications as
primitive areas; Presidential recommendations to Congress; approval of
Congress; size of primitive areas; Gore Range-Eagles Nest Primitive
Area, Colorado.
(c) Review by Secretary of the Interior of roadless areas of national
park system and national wildlife refuges and game ranges and
suitability of areas for preservation as wilderness; authority of
Secretary of the Interior to maintain roadless areas in national park
system unaffected.
(d) Conditions precedent to administrative recommendations of
suitability of areas for preservation as wilderness; publication in
Federal Register, public hearings; views of State, county, and Federal
officials; submission of views to Congress.
(e) Modification or adjustment of boundaries; public notice and
hearings; administrative and executive recommendations to Congress;
approval of Congress.
1133. Use of wilderness areas.
(a) Purposes of national forest, national park system, and national
wildlife refuge system; other provisions applicable to national
forests, Superior National Forest, and national park system.
(b) Agency responsibility for preservation and administration to
preserve wilderness character; public purposes of wilderness areas.
(c) Prohibition provisions: commercial enterprise, permanent or
temporary roads, mechanical transports, and structures or installations;
exceptions: area administration and personal health and safety
emergencies.
(d) Special provisions.
1134. State and private lands within wilderness areas.
(a) Access; exchange of lands; mineral interests restriction.
(b) Customary means for ingress and egress to wilderness areas
subject to mining claims or other occupancies.
(c) Acquisition of lands.
1135. Gifts, bequests, and contributions.
(a) Acceptance by Secretary of Agriculture of land for preservation
as wilderness; regulations.
(b) Authorization to accept private contributions and gifts.
1136. Annual reports to Congress.
1782, 1784.
16 USC 1131. National Wilderness Preservation System
TITLE 16 -- CONSERVATION
(a) Establishment; Congressional declaration of policy; wilderness
areas; administration for public use and enjoyment, protection,
preservation, and gathering and dissemination of information;
provisions for designation as wilderness areas
In order to assure that an increasing population, accompanied by
expanding settlement and growing mechanization, does not occupy and
modify all areas within the United States and its possessions, leaving
no lands designated for preservation and protection in their natural
condition, it is hereby declared to be the policy of the Congress to
secure for the American people of present and future generations the
benefits of an enduring resource of wilderness. For this purpose there
is hereby established a National Wilderness Preservation System to be
composed of federally owned areas designated by Congress as ''wilderness
areas'', and these shall be administered for the use and enjoyment of
the American people in such manner as will leave them unimpaired for
future use and enjoyment as wilderness, and so as to provide for the
protection of these areas, the preservation of their wilderness
character, and for the gathering and dissemination of information
regarding their use and enjoyment as wilderness; and no Federal lands
shall be designated as ''wilderness areas'' except as provided for in
this chapter or by a subsequent Act.
(b) Management of area included in System; appropriations
The inclusion of an area in the National Wilderness Preservation
System notwithstanding, the area shall continue to be managed by the
Department and agency having jurisdiction thereover immediately before
its inclusion in the National Wilderness Preservation System unless
otherwise provided by Act of Congress. No appropriation shall be
available for the payment of expenses or salaries for the administration
of the National Wilderness Preservation System as a separate unit nor
shall any appropriations be available for additional personnel stated as
being required solely for the purpose of managing or administering areas
solely because they are included within the National Wilderness
Preservation System.
(c) ''Wilderness'' defined
A wilderness, in contrast with those areas where man and his own
works dominate the landscape, is hereby recognized as an area where the
earth and its community of life are untrammeled by man, where man
himself is a visitor who does not remain. An area of wilderness is
further defined to mean in this chapter an area of underdeveloped
Federal land retaining its primeval character and influence, without
permanent improvements or human habitation, which is protected and
managed so as to preserve its natural conditions and which (1) generally
appears to have been affected primarily by the forces of nature, with
the imprint of man's work substantially unnoticeable; (2) has
outstanding opportunities for solitude or a primitive and unconfined
type of recreation; (3) has at least five thousand acres of land or is
of sufficient size as to make practicable its preservation and use in an
unimpaired condition; and (4) may also contain ecological, geological,
or other features of scientific, educational, scenic, or historical
value.
(Pub. L. 88-577, 2, Sept. 3, 1964, 78 Stat. 890.)
Section 1 of Pub. L. 88-577 provided that: ''This Act (enacting
this chapter) may be cited as the 'Wilderness Act'.''
16 USC 1132. Extent of System
TITLE 16 -- CONSERVATION
(a) Designation of wilderness areas; filing of maps and descriptions
with Congressional committees; correction of errors; public records;
availability of records in regional offices
All areas within the national forests classified at least 30 days
before September 3, 1964 by the Secretary of Agriculture or the Chief of
the Forest Service as ''wilderness'', ''wild'', or ''canoe'' are hereby
designated as wilderness areas. The Secretary of Agriculture shall --
(1) Within one year after September 3, 1964, file a map and legal
description of each wilderness area with the Interior and Insular
Affairs Committees of the United States Senate and the House of
Representatives, and such descriptions shall have the same force and
effect as if included in this chapter: Provided, however, That
correction of clerical and typographical errors in such legal
descriptions and maps may be made.
(2) Maintain, available to the public, records pertaining to said
wilderness areas, including maps and legal descriptions, copies of
regulations governing them, copies of public notices of, and reports
submitted to Congress regarding pending additions, eliminations, or
modifications. Maps, legal descriptions, and regulations pertaining to
wilderness areas within their respective jurisdictions also shall be
available to the public in the offices of regional foresters, national
forest supervisors, and forest rangers.
(b) Review by Secretary of Agriculture of classifications as
primitive areas; Presidential recommendations to Congress; approval of
Congress; size of primitive areas; Gore Range-Eagles Nest Primitive
Area, Colorado
The Secretary of Agriculture shall, within ten years after September
3, 1964, review, as to its suitability or nonsuitability for
preservation as wilderness, each area in the national forests classified
on September 3, 1964 by the Secretary of Agriculture or the Chief of the
Forest Service as ''primitive'' and report his findings to the
President. The President shall advise the United States Senate and
House of Representatives of his recommendations with respect to the
designation as ''wilderness'' or other reclassification of each area on
which review has been completed, together with maps and a definition of
boundaries. Such advice shall be given with respect to not less than
one-third of all the areas now classified as ''primitive'' within three
years after September 3, 1964, not less than two-thirds within seven
years after September 3, 1964, and the remaining areas within ten years
after September 3, 1964. Each recommendation of the President for
designation as ''wilderness'' shall become effective only if so provided
by an Act of Congress. Areas classified as ''primitive'' on September
3, 1964 shall continue to be administered under the rules and
regulations affecting such areas on September 3, 1964 until Congress has
determined otherwise. Any such area may be increased in size by the
President at the time he submits his recommendations to the Congress by
not more than five thousand acres with no more than one thousand two
hundred and eighty acres of such increase in any one compact unit; if
it is proposed to increase the size of any such area by more than five
thousand acres or by more than one thousand two hundred and eighty acres
in any one compact unit the increase in size shall not become effective
until acted upon by Congress. Nothing herein contained shall limit the
President in proposing, as part of his recommendations to Congress, the
alteration of existing boundaries of primitive areas or recommending the
addition of any contiguous area of national forest lands predominantly
of wilderness value. Notwithstanding any other provisions of this
chapter, the Secretary of Agriculture may complete his review and delete
such area as may be necessary, but not to exceed seven thousand acres,
from the southern tip of the Gore Range-Eagles Nest Primitive Area,
Colorado, if the Secretary determines that such action is in the public
interest.
(c) Review by Secretary of the Interior of roadless areas of national
park system and national wildlife refuges and game ranges and
suitability of areas for preservation as wilderness; authority of
Secretary of the Interior to maintain roadless areas in national park
system unaffected
Within ten years after September 3, 1964 the Secretary of the
Interior shall review every roadless area of five thousand contiguous
acres or more in the national parks, monuments and other units of the
national park system and every such area of, and every roadless island
within the national wildlife refuges and game ranges, under his
jurisdiction on September 3, 1964 and shall report to the President his
recommendation as to the suitability or nonsuitability of each such area
or island for preservation as wilderness. The President shall advise
the President of the Senate and the Speaker of the House of
Representatives of his recommendation with respect to the designation as
wilderness of each such area or island on which review has been
completed, together with a map thereof and a definition of its
boundaries. Such advice shall be given with respect to not less than
one-third of the areas and islands to be reviewed under this subsection
within three years after September 3, 1964, not less than two-thirds
within seven years of September 3, 1964 and the remainder within ten
years of September 3, 1964. A recommendation of the President for
designation as wilderness shall become effective only if so provided by
an Act of Congress. Nothing contained herein shall, by implication or
otherwise, be construed to lessen the present statutory authority of the
Secretary of the Interior with respect to the maintenance of roadless
areas within units of the national park system.
(d) Conditions precedent to administrative recommendations of
suitability of areas for preservation as wilderness; publication in
Federal Register; public hearings; views of State, county, and Federal
officials; submission of views to Congress
(1) The Secretary of Agriculture and the Secretary of the Interior
shall, prior to submitting any recommendations to the President with
respect to the suitability of any area for preservation as wilderness --
(A) give such public notice of the proposed action as they deem
appropriate, including publication in the Federal Register and in a
newspaper having general circulation in the area or areas in the
vicinity of the affected land;
(B) hold a public hearing or hearings at a location or locations
convenient to the area affected. The hearings shall be announced
through such means as the respective Secretaries involved deem
appropriate, including notices in the Federal Register and in newspapers
of general circulation in the area: Provided, That if the lands
involved are located in more than one State, at least one hearing shall
be held in each State in which a portion of the land lies;
(C) at least thirty days before the date of a hearing advise the
Governor of each State and the governing board of each county, or in
Alaska the borough, in which the lands are located, and Federal
departments and agencies concerned, and invite such officials and
Federal agencies to submit their views on the proposed action at the
hearing or by no later than thirty days following the date of the
hearing.
(2) Any views submitted to the appropriate Secretary under the
provisions of (1) of this subsection with respect to any area shall be
included with any recommendations to the President and to Congress with
respect to such area.
(e) Modification or adjustment of boundaries; public notice and
hearings; administrative and executive recommendations to Congress;
approval of Congress
Any modification or adjustment of boundaries of any wilderness area
shall be recommended by the appropriate Secretary after public notice of
such proposal and public hearing or hearings as provided in subsection
(d) of this section. The proposed modification or adjustment shall then
be recommended with map and description thereof to the President. The
President shall advise the United States Senate and the House of
Representatives of his recommendations with respect to such modification
or adjustment and such recommendations shall become effective only in
the same manner as provided for in subsections (b) and (c) of this
section.
(Pub. L. 88-577, 3, Sept. 3, 1964, 78 Stat. 891.)
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.
1989c-6.
16 USC 1133. Use of wilderness areas
TITLE 16 -- CONSERVATION
(a) Purposes of national forests, national park system, and national
wildlife refuge system; other provisions applicable to national
forests, Superior National Forest, and national park system
The purposes of this chapter are hereby declared to be within and
supplemental to the purposes for which national forests and units of the
national park and national wildlife refuge systems are established and
administered and --
(1) Nothing in this chapter shall be deemed to be in interference
with the purpose for which national forests are established as set forth
in the Act of June 4, 1897 (30 Stat. 11), and the Multiple-Use
Sustained-Yield Act of June 12, 1960 (74 Stat. 215) (16 U.S.C.
528-531).
(2) Nothing in this chapter shall modify the restrictions and
provisions of the Shipstead-Nolan Act (Public Law 539, Seventy-first
Congress, July 10, 1930; 46 Stat. 1020), the Thye-Blatnik Act (Public
Law 733, Eightieth Congress, June 22, 1948; 62 Stat. 568), and the
Humphrey-Thye-Blatnik-Andresen Act (Public Law 607, Eighty-Fourth
Congress, June 22, 1956; 70 Stat. 326), as applying to the Superior
National Forest or the regulations of the Secretary of Agriculture.
(3) Nothing in this chapter shall modify the statutory authority
under which units of the national park system are created. Further, the
designation of any area of any park, monument, or other unit of the
national park system as a wilderness area pursuant to this chapter shall
in no manner lower the standards evolved for the use and preservation of
such park, monument, or other unit of the national park system in
accordance with sections 1 and 2 to 4 of this title, the statutory
authority under which the area was created, or any other Act of Congress
which might pertain to or affect such area, including, but not limited
to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq.);
section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and the Act
of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(b) Agency responsibility for preservation and administration to
preserve wilderness character; public purposes of wilderness areas
Except as otherwise provided in this chapter, each agency
administering any area designated as wilderness shall be responsible for
preserving the wilderness character of the area and shall so administer
such area for such other purposes for which it may have been established
as also to preserve its wilderness character. Except as otherwise
provided in this chapter, wilderness areas shall be devoted to the
public purposes of recreational, scenic, scientific, educational,
conservation, and historical use.
(c) Prohibition provisions: commercial enterprise, permanent or
temporary roads, mechanical transports, and structures or installations;
exceptions: area administration and personal health and safety
emergencies
Except as specifically provided for in this chapter, and subject to
existing private rights, there shall be no commercial enterprise and no
permanent road within any wilderness area designated by this chapter
and, except as necessary to meet minimum requirements for the
administration of the area for the purpose of this chapter (including
measures required in emergencies involving the health and safety of
persons within the area), there shall be no temporary road, no use of
motor vehicles, motorized equipment or motorboats, no landing of
aircraft, no other form of mechanical transport, and no structure or
installation within any such area.
(d) Special provisions
The following special provisions are hereby made:
(1) Aircraft or motorboats; fire, insects, and diseases
Within wilderness areas designated by this chapter the use of
aircraft or motorboats, where these uses have already become
established, may be permitted to continue subject to such restrictions
as the Secretary of Agriculture deems desirable. In addition, such
measures may be taken as may be necessary in the control of fire,
insects, and diseases, subject to such conditions as the Secretary deems
desirable.
(2) Mineral activities, surveys for mineral value
Nothing in this chapter shall prevent within national forest
wilderness areas any activity, including prospecting, for the purpose of
gathering information about mineral or other resources, if such activity
is carried on in a manner compatible with the preservation of the
wilderness environment. Furthermore, in accordance with such program as
the Secretary of the Interior shall develop and conduct in consultation
with the Secretary of Agriculture, such areas shall be surveyed on a
planned, recurring basis consistent with the concept of wilderness
preservation by the United States Geological Survey and the United
States Bureau of Mines to determine the mineral values, if any, that may
be present; and the results of such surveys shall be made available to
the public and submitted to the President and Congress.
(3) Mining and mineral leasing laws; leases, permits, and licenses;
withdrawal of minerals from appropriation and disposition
Notwithstanding any other provisions of this chapter, until midnight
December 31, 1983, the United States mining laws and all laws pertaining
to mineral leasing shall, to the same extent as applicable prior to
September 3, 1964, extend to those national forest lands designated by
this chapter as ''wilderness areas''; subject, however, to such
reasonable regulations governing ingress and egress as may be prescribed
by the Secretary of Agriculture consistent with the use of the land for
mineral location and development and exploration, drilling, and
production, and use of land for transmission lines, waterlines,
telephone lines, or facilities necessary in exploring, drilling,
producing, mining, and processing operations, including where essential
the use of mechanized ground or air equipment and restoration as near as
practicable of the surface of the land disturbed in performing
prospecting, location, and, in oil and gas leasing, discovery work,
exploration, drilling, and production, as soon as they have served their
purpose. Mining locations lying within the boundaries of said
wilderness areas shall be held and used solely for mining or processing
operations and uses reasonably incident thereto; and hereafter, subject
to valid existing rights, all patents issued under the mining laws of
the United States affecting national forest lands designated by this
chapter as wilderness areas shall convey title to the mineral deposits
within the claim, together with the right to cut and use so much of the
mature timber therefrom as may be needed in the extraction, removal, and
beneficiation of the mineral deposits, if needed timber is not otherwise
reasonably available, and if the timber is cut under sound principles of
forest management as defined by the national forest rules and
regulations, but each such patent shall reserve to the United States all
title in or to the surface of the lands and products thereof, and no use
of the surface of the claim or the resources therefrom not reasonably
required for carrying on mining or prospecting shall be allowed except
as otherwise expressly provided in this chapter: Provided, That, unless
hereafter specifically authorized, no patent within wilderness areas
designated by this chapter shall issue after December 31, 1983, except
for the valid claims existing on or before December 31, 1983. Mining
claims located after September 3, 1964, within the boundaries of
wilderness areas designated by this chapter shall create no rights in
excess of those rights which may be patented under the provisions of
this subsection. Mineral leases, permits, and licenses covering lands
within national forest wilderness areas designated by this chapter shall
contain such reasonable stipulations as may be prescribed by the
Secretary of Agriculture for the protection of the wilderness character
of the land consistent with the use of the land for the purposes for
which they are leased, permitted, or licensed. Subject to valid rights
then existing, effective January 1, 1984, the minerals in lands
designated by this chapter as wilderness areas are withdrawn from all
forms of appropriation under the mining laws and from disposition under
all laws pertaining to mineral leasing and all amendments thereto.
(4) Water resources, reservoirs, and other facilities; grazing
Within wilderness areas in the national forests designated by this
chapter, (1) the President may, within a specific area and in accordance
with such regulations as he may deem desirable, authorize prospecting
for water resources, the establishment and maintenance of reservoirs,
water-conservation works, power projects, transmission lines, and other
facilities needed in the public interest, including the road
construction and maintenance essential to development and use thereof,
upon his determination that such use or uses in the specific area will
better serve the interests of the United States and the people thereof
than will its denial; and (2) the grazing of livestock, where
established prior to September 3, 1964, shall be permitted to continue
subject to such reasonable regulations as are deemed necessary by the
Secretary of Agriculture.
(5) Commercial services
Commercial services may be performed within the wilderness areas
designated by this chapter to the extent necessary for activities which
are proper for realizing the recreational or other wilderness purposes
of the areas.
(6) State water laws exemption
Nothing in this chapter shall constitute an express or implied claim
or denial on the part of the Federal Government as to exemption from
State water laws.
(7) State jurisdiction of wildlife and fish in national forests
Nothing in this chapter shall be construed as affecting the
jurisdiction or responsibilities of the several States with respect to
wildlife and fish in the national forests.
(Pub. L. 88-577, 4, Sept. 3, 1964, 78 Stat. 893; Pub. L. 95-495,
4(b), Oct. 21, 1978, 92 Stat. 1650; Pub. L. 102-154, title I, Nov. 13,
1991, 105 Stat. 1000; Pub. L. 102-285, 10(b), May 18, 1992, 106 Stat.
172.)
Act of June 4, 1897, referred to in subsec. (a)(1), is act June 4,
1897, ch. 2, 30 Stat. 11, the Sundry Civil Appropriation Act for
Fiscal Year 1898. For classification of that part of this Act
classified to the Code, see Tables.
The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec.
(a)(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.
The Shipstead-Nolan Act, referred to in subsec. (a)(2), is act July
10, 1930, ch. 881, 46 Stat. 1020, which is classified to sections 577
to 577b of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 577 of this title and
Tables.
The Thye-Blatnik Act, referred to in subsec. (a)(2), is act June 22,
1948, ch. 593, 62 Stat. 568, as amended, which is classified to
sections 577c, 577d, and 577e to 577h of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 577 of this title and Tables.
The Humphrey-Thye-Blatnik-Andresen Act, referred to in subsec.
(a)(2), is act June 22, 1956, ch. 425, 70 Stat. 326, as amended, which
is classified to sections 577d-1, 577g-1, and 577h of this title. For
complete classification of this Act to the Code, see Tables.
Act of June 8, 1906, referred to in subsec. (a)(3), is act June 8,
1906, ch. 3060, 34 Stat. 225, as amended, known as the ''Antiquities
Act of 1906'', which is classified to sections 431, 432, and 433 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 431 of this title and Tables.
Act of August 21, 1935, referred to in subsec. (a)(3), is act Aug.
21, 1935, ch. 593, 49 Stat. 666, as amended, known as the ''Historic
Sites, Buildings and Antiquities Act'', which is classified to sections
461 to 467 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 461 of this title
and Tables.
The United States mining laws and all laws pertaining to mineral
leasing, referred to in subsec. (d)(3), are classified generally to
Title 30, Mineral Lands and Mining.
1978 -- Subsec. (d)(5) to (8). Pub. L. 95-495 redesignated pars.
(6) to (8) as (5) to (7), respectively. Former par. (5), which related
to the management of the Boundary Waters Canoe Area, Superior National
Forest, Minnesota, was struck out.
''United States Geological Survey'' substituted for ''Geological
Survey'' in subsec. (d)(2) pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of Title 43, Public Lands.
''United States Bureau of Mines'' substituted for ''Bureau of Mines''
in subsec. (d)(2) 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.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with system activities requiring
coordination and approval under this chapter 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 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), (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.
Pub. L. 96-560, title I, 108, Dec. 22, 1980, 94 Stat. 3271,
provided that: ''The Congress hereby declares that, without amending
the Wilderness Act of 1964 (this chapter), with respect to livestock
grazing in National Forest wilderness areas, the provisions of the
Wilderness Act relating to grazing shall be interpreted and administered
in accordance with the guidelines contained under the heading 'Grazing
in National Forest Wilderness' in the House Committee Report (H. Report
96-617) accompanying this Act (Pub. L. 96-560).''
16 USC 1134. State and private lands within wilderness areas
TITLE 16 -- CONSERVATION
(a) Access; exchange of lands; mineral interests restriction
In any case where State-owned or privately owned land is completely
surrounded by national forest lands within areas designated by this
chapter as wilderness, such State or private owner shall be given such
rights as may be necessary to assure adequate access to such State-owned
or privately owned land by such State or private owner and their
successors in interest, or the State-owned land or privately owned land
shall be exchanged for federally owned land in the same State of
approximately equal value under authorities available to the Secretary
of Agriculture: Provided, however, That the United States shall not
transfer to a State or private owner any mineral interests unless the
State or private owner relinquishes or causes to be relinquished to the
United States the mineral interest in the surrounded land.
(b) Customary means for ingress and egress to wilderness areas
subject to mining claims or other occupancies
In any case where valid mining claims or other valid occupancies are
wholly within a designated national forest wilderness area, the
Secretary of Agriculture shall, by reasonable regulations consistent
with the preservation of the area as wilderness, permit ingress and
egress to such surrounded areas by means which have been or are being
customarily enjoyed with respect to other such areas similarly situated.
(c) Acquisition of lands
Subject to the appropriation of funds by Congress, the Secretary of
Agriculture is authorized to acquire privately owned land within the
perimeter of any area designated by this chapter as wilderness if (1)
the owner concurs in such acquisition or (2) the acquisition is
specifically authorized by Congress.
(Pub. L. 88-577, 5, Sept. 3, 1964, 78 Stat. 896.)
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 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(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 1135. Gifts, bequests, and contributions
TITLE 16 -- CONSERVATION
(a) Acceptance by Secretary of Agriculture of land for preservation
as wilderness; regulations
The Secretary of Agriculture may accept gifts or bequests of land
within wilderness areas designated by this chapter for preservation as
wilderness. The Secretary of Agriculture may also accept gifts or
bequests of land adjacent to wilderness areas designated by this chapter
for preservation as wilderness if he has given sixty days advance notice
thereof to the President of the Senate and the Speaker of the House of
Representatives. Land accepted by the Secretary of Agriculture under
this section shall be come part of the wilderness area involved.
Regulations with regard to any such land may be in accordance with such
agreements, consistent with the policy of this chapter, as are made at
the time of such gift, or such conditions, consistent with such policy,
as may be included in, and accepted with, such bequest.
(b) Authorization to accept private contributions and gifts
The Secretary of Agriculture or the Secretary of the Interior is
authorized to accept private contributions and gifts to be used to
further the purposes of this chapter.
(Pub. L. 88-577, 6, Sept. 3, 1964, 78 Stat. 896.)
16 USC 1136. Annual reports to Congress
TITLE 16 -- CONSERVATION
At the opening of each session of Congress, the Secretaries of
Agriculture and Interior shall jointly report to the President for
transmission to Congress on the status of the wilderness system,
including a list and descriptions of the areas in the system,
regulations in effect, and other pertinent information, together with
any recommendations they may care to make.
(Pub. L. 88-577, 7, Sept. 3, 1964, 78 Stat. 896.)
16 USC CHAPTER 24 -- CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR
SEALS
TITLE 16 -- CONSERVATION
Sec.
1151. Definitions.
1152. Prohibitions.
1153. Sealing permitted by Aleuts, Eskimos, and Indians.
1154. Scientific research on fur seal resources; use of fur seals
for educational, scientific, or exhibition purposes.
1155. Authority of Secretary of Commerce.
(a) Regulations with respect to taking of fur seals on Pribilof
Islands and on lands subject to United States jurisdiction.
(b) Agreements with public and private entities.
(c) Taking of fur seals on Saint Paul and Saint George Islands;
preference; separate fund in Treasury.
1156. Enforcement provisions.
(a) Search of vessels; certificate of identification; exhibition to
master.
(b) Seizure; arrest; notice; delivery of vessel or person to
authorized officials; custody.
(c) Testimony of enforcement agents.
1157. North Pacific Fur Seal Commission; appointment of United
States Commissioner, Deputy Commissioner, and Advisors; duties,
compensation, and travel expenses.
1158. Acceptance or rejection by Secretaries of State and Commerce
of Commission recommendations.
1159. Federal agency consultations with and technical assistance to
Secretary of Commerce or Commission; reimbursement for assistance.
1161. Administration of fur seal rookeries and other Federal real
and personal property on Pribilof Islands.
1162. Authority of Secretary to operate, maintain, and repair
Government-owned property; necessary facilities, services, and
equipment for Federal employees and dependents.
1163. Responsibility of Alaska to meet educational needs of Pribilof
Islands citizens.
1164. Responsibility of Secretary of Health and Human Services to
provide medical and dental care to Pribilof Islands natives.
1165. Disposal of Federal property on Pribilof Islands.
(a) Submission to Congress of property transfer document.
(b) Contents of property transfer document.
(c) Report to Congress of fair market value of transferred property.
(d) Memorandum of Understanding.
(e) Taxation.
(f) Agreements with governmental agencies and third parties.
(g) Report to Congress on status of negotiations.
1166. Pribilof Islands Trust.
(a) Establishment; funding; distributions; investments.
(b) Administration of Trust.
(c) Trust instruments.
(d) Separate portions of Trust for independent benefit of community
of St. Paul and community of St. George.
(e) Authorization of appropriation; interim distributions.
(f) Interest and proceeds from Trust.
(g) Annual report to Congress.
(h) Exemption from taxation.
1167. Leases, permits, agreements, and contracts with public or
private agencies or persons.
1168. Civil service retirement benefits.
(a) Credit for services performed by natives.
(b) Adjustment of annuities.
(c) Nonentitlement to lump-sum benefits.
(d) Reimbursement from Operations, Research, and Facilities Account
of National Oceanic and Atmospheric Administration in Department of
Commerce.
1169. Regulations.
1169a. Annuities and survivor annuities; recomputation.
1171. Seizure and forfeiture of vessels.
1172. Practice and procedure.
(a) Joint responsibility; designation by Secretary of State officers
and employees as Federal law enforcement agents; non-Federal employees
for civil service purposes.
(b) Issuance of warrants and other process.
(c) Execution of warrants or other process by enforcement agents.
(d) Arrests and searches by enforcement agents.
(e) Seizure of vessels and related articles.
(f) Seizure and disposition of fur seals.
1173. Regulations.
1174. Penalties.
1175. Authorization of appropriations.
1181 to 1187. Omitted.
16 USC SUBCHAPTER I -- FUR SEAL MANAGEMENT
TITLE 16 -- CONSERVATION
16 USC 1151. Definitions
TITLE 16 -- CONSERVATION
(a) ''Commission'' means the North Pacific Fur Seal Commission
established pursuant to article V of the Convention.
(b) ''Convention'' means the Interim Convention on the Conservation
of North Pacific Fur Seals signed at Washington on February 9, 1957, as
amended by the protocol signed in Washington on October 8, 1963; by the
exchange of notes among the party governments which became effective on
September 3, 1969; by the protocol signed in Washington on May 7, 1976;
and by the protocol signed in Washington on October 14, 1980, by the
parties.
(c) ''Cure'' or ''curing'' means the performance of those
post-harvest activities traditionally performed on the Pribilof Islands,
including cooling, washing, removal of blubber, soaking in brine,
draining, treating with salt or boric acid, and packing in containers
for shipment of fur seal skins.
(d) ''Fur Seal'' means the North Pacific Fur Seal, Callorhinus
Ursinus.
(e) ''Import'' means to land on, bring into, or introduce into, or
attempt to land on, bring into, or introduce into, any place subject to
the jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the customs laws of the United States.
(f) ''Natives of the Pribilof Islands'' means any Aleuts who are
permanent residents of the Pribilof Islands, or any organization or
entity representing such natives.
(g) ''North Pacific Ocean'' means the waters of the Pacific Ocean
north of the thirtieth parallel of north latitude, including the Bering,
Okhotsk, and Japan Seas.
(h) ''Party'' or ''parties'' means the United States of America,
Canada, Japan, and the Union of Soviet Socialist Republics.
(i) ''Person'' means any individual, partnership, corporation, trust,
association or any other private entity, or any officer, employee,
agent, department, or instrumentality of the Federal Government, of any
State or political subdivision thereof, or of any foreign government.
(j) ''Pribilof Islands'' means the islands of Saint Paul and Saint
George, Walrus and Otter Islands, and Sea Lion Rock.
(k) ''Sealing'' means the taking of fur seals.
(l) ''Secretary'' means the Secretary of Commerce.
(m) ''Take'' or ''taking'' means to harass, hunt, capture, or kill,
or attempt to harass, hunt, capture, or kill.
(Pub. L. 89-702, title I, 101, Nov. 2, 1966, 80 Stat. 1091; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 835; Pub. L. 102-251, title III,
303, Mar. 9, 1992, 106 Stat. 65.)
Pub. L. 102-251, title III, 303, 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,
this section is amended by redesignating subsections (f) to (m) as (g)
to (n), respectively, and by inserting after subsection (e) the
following new subsection:
(f) ''Jurisdiction of the United States'' includes jurisdiction over
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, 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.
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions defining terms, previously defined in former sections 1159
and 1186 of this title, for provisions enumerating the activities
prohibited under this chapter. See section 1152 of this title.
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.
Section 1 of Pub. L. 98-129 provided: ''That this Act (amending
this chapter generally, sections 8332 and 8334 of Title 5, Government
Organization and Employees, and section 450i of Title 25, Indians) may
be cited as the 'Fur Seal Act Amendments of 1983'.''
Pub. L. 89-702, which is classified principally to this chapter, is
popularly known as the ''Fur Seal Act of 1966''. Prior to the general
amendment of Pub. L. 89-702 by Pub. L. 98-129, section 1 of Pub. L.
89-702 had provided: ''That this Act (enacting this chapter, amending
section 2254(g) of former Title 5, Executive Departments and Government
Officers and Employees, repealing sections 631a to 631q of this title,
and amending provisions set out as a note preceding section 21 of Title
48, Territories and Insular Possessions) may be cited as the 'Fur Seal
Act of 1966'.''
16 USC 1152. Prohibitions
TITLE 16 -- CONSERVATION
It is unlawful, except as provided in this chapter or by regulation
of the Secretary, for any person or vessel subject to the jurisdiction
of the United States to engage in the taking of fur seals in the North
Pacific Ocean or on lands or waters under the jurisdiction of the United
States, or to use any port or harbor or other place under the
jurisdiction of the United States for any purpose connected in any way
with such taking, or for any person to transport, import, offer for
sale, or possess at any port or place or on any vessel, subject to the
jurisdiction of the United States, fur seals or the parts thereof,
including, but not limited to, raw, dressed, or dyed fur seal skins,
taken contrary to the provisions of this chapter or the Convention, or
for any person subject to the jurisdiction of the United States to
refuse to permit, except within the Exclusive Economic Zone of the
United States, a duly authorized official of Canada, Japan, or the Union
of Soviet Socialist Republics to board and search any vessel which is
outfitted for the harvesting of living marine resources and which is
subject to the jurisdiction of the United States to determine whether
such vessel is engaged in sealing contrary to the provisions of said
Convention.
(Pub. L. 89-702, title I, 102, Nov. 2, 1966, 80 Stat. 1091; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 836.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions enumerating the activities prohibited under this chapter,
which were previously contained in section 1151 of this title, for
provisions authorizing sealing by Aleuts, Eskimos, and Indians. See
section 1153 of this title.
16 USC 1153. Sealing permitted by Aleuts, Eskimos, and Indians
TITLE 16 -- CONSERVATION
(a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North
Pacific Ocean are permitted to take fur seals and dispose of their skins
after the skins have been officially marked and certified by a person
authorized by the Secretary: Provided, That the seals are taken for
subsistence uses as defined in section 1379(f)(2) of this title, and
only in canoes not transported by or used in connection with other
vessels, and propelled entirely by oars, paddles, or sails, and manned
by not more than five persons each, in the way hitherto practiced and
without the use of firearms. This authority shall not apply to Indians,
Aleuts, and Eskimos while they are employed by any person for the
purpose of taking fur seals or are under contract to deliver the skins
to any person.
(b) Indians, Aleuts, and Eskimos who live on the Pribilof Islands are
authorized to take fur seals for subsistence purposes as defined in
section 1379(f)(2) of this title, under such conditions as recommended
by the Commission and accepted by the Secretary of State pursuant to
regulations promulgated by the Secretary.
(Pub. L. 89-702, title I, 103, Nov. 2, 1966, 80 Stat. 1091; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 836.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions authorizing sealing by Aleuts, Eskimos, and Indians, which
were previously contained in section 1152 of this title, for provisions
authorizing scientific research on fur seal resources. See section 1154
of this title.
16 USC 1154. Scientific research on fur seal resources; use of fur
seals for educational, scientific, or exhibition purposes
TITLE 16 -- CONSERVATION
The Secretary shall (1) conduct such scientific research and
investigations on the fur seal resources of the North Pacific Ocean as
he deems necessary to carry out the obligations of the United States
under the Convention, and (2) permit, subject to such terms and
conditions as he deems desirable, the taking, transportation,
importation, exportation, or possession of fur seals or their parts for
educational, scientific, or exhibition purposes.
(Pub. L. 89-702, title I, 104, Nov. 2, 1966, 80 Stat. 1091; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 836.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions authorizing scientific research on fur seal resources, which
were previously contained in section 1153 of this title, for provisions
delineating the authority of the Secretary of Commerce. See section
1155 of this title.
16 USC 1155. Authority of Secretary of Commerce
TITLE 16 -- CONSERVATION
(a) Regulations with respect to taking of fur seals on Pribilof
Islands and on lands subject to United States jurisdiction
The Secretary shall prescribe such regulations with respect to the
taking of fur seals on the Pribilof Islands and on lands subject to the
jurisdiction of the United States as he deems necessary and appropriate
for the conservation, management, and protection of the fur seal
population, and to dispose of any fur seals seized or forfeited pursuant
to this chapter, and to carry out the provisions of the Convention, and
shall deliver to authorized agents of the parties such fur seal skins as
the parties are entitled to under the Convention.
(b) Agreements with public and private entities
The Secretary is authorized to enter into agreements with any public
or private agency or person for the purpose of carrying out the
provisions of the Convention and of this subchapter, including but not
limited to the taking of fur seals on the Pribilof Islands, and the
curing and marketing of the sealskins and other seal parts, and may
retain the proceeds therefrom.
(c) Taking of fur seals on Saint Paul and Saint George Islands;
preference; separate fund in Treasury
The Secretary shall give preference to the village corporations of
Saint Paul and Saint George Islands established pursuant to section 1607
of title 43 for the taking of fur seals on the village corporations'
respective islands, and the curing and marketing of the sealskins and
other seal parts, and may retain the proceeds therefrom. Any proceeds
therefrom will be deposited in a separate fund in the Treasury and will
be available to the Secretary, subject to appropriations, for the
purpose of this section. All seal harvests will be financed, to the
extent possible, from proceeds collected in preceding years or unsold
assets retained from harvests conducted in preceding years. In the
event that such assets and proceeds are insufficient, as determined by
the Secretary, to finance the seal harvest in accordance with the
requirements of the Convention, there are authorized to be appropriated
to the Secretary for fiscal year 1984, and for fiscal year 1985 and
beyond if the Convention is extended by protocol signed by the parties
and made effective as to the United States, such sums as may be
necessary to carry out the harvest and curing on the Pribilof Islands.
Such amounts as are determined by the Secretary to exceed amounts
required to carry out this section shall be transferred to the General
Fund of the Treasury.
(Pub. L. 89-702, title I, 105, Nov. 2, 1966, 80 Stat. 1092; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 836.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions delineating the authority of the Secretary of Commerce, which
were previously contained in sections 1154 and 1185 of this title, for
provisions which had set out enforcement steps. See section 1156 of
this title.
16 USC 1156. Enforcement provisions
TITLE 16 -- CONSERVATION
(a) Search of vessels; certificate of identification; exhibition to
master
Any person authorized to enforce the provisions of this chapter who
has reasonable cause to believe that any vessel outfitted for the
harvesting of living marine resources and subject to the jurisdiction of
any of the parties to the Convention is violating the provisions of
article III of the Convention may, except within the areas in which
another State exercises fisheries jurisdiction, board and search such
vessel. Such person shall carry a special certificate of identification
issued by the Secretary or Secretary of the department in which the
Coast Guard is operating which shall be in English, Japanese, and
Russian and which shall be exhibited to the master of the vessel upon
request.
(b) Seizure; arrest; notice; delivery of vessel or person to
authorized officials; custody
If, after boarding and searching such vessel, such person continues
to have reasonable cause to believe that such vessel, or any person
onboard, is violating said article, he may seize such vessel or arrest
such person, or both. The Secretary of State shall, as soon as
practicable, notify the party having jurisdiction over the vessel or
person of such seizure or arrest.
The Secretary or the Secretary of the department in which the Coast
Guard is operating, upon request of the Secretary of State, shall
deliver the seized vessel or arrested person, or both, as promptly as
practicable to the authorized officials of said party: Provided, That
whenever said party cannot immediately accept such delivery, the
Secretary or the Secretary of the department in which the Coast Guard is
operating may, upon the request of the Secretary of State, keep the
vessel or person in custody within the United States.
(c) Testimony of enforcement agents
At the request of said party, the Secretary or the Secretary of the
department in which the Coast Guard is operating, shall direct the
person authorized to enforce the provisions of this chapter to attend
the trial as a witness in any case arising under said article or give
testimony by deposition, and shall produce such records and files or
copies thereof as may be necessary to establish the offense.
(Pub. L. 89-702, title I, 106, Nov. 2, 1966, 80 Stat. 1092; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 837.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions setting out enforcement steps, which were previously
contained in section 1155 of this title, for provisions establishing the
North Pacific Fur Seal Commission. See section 1157 of this title.
16 USC 1157. North Pacific Fur Seal Commission; appointment of United
States Commissioner, Deputy Commissioner, and Advisors; duties,
compensation, and travel expenses
TITLE 16 -- CONSERVATION
The President shall appoint to the Commission a United States
Commissioner who shall serve at the pleasure of the President. The
President may appoint one Native from each of the two inhabited Pribilof
Islands to serve as Advisors to the Commissioner and as liaisons between
the Commissioner and the Natives of the Pribilof Islands. The President
may also appoint other interested parties as Advisors to the
Commissioner. Such Advisors shall serve at the pleasure of the
President. The President may also appoint a Deputy United States
Commissioner who shall serve at the pleasure of the President. The
Deputy Commissioner shall be the principal adviser of the Commissioner,
and shall perform the duties of the Commissioner in the case of his
death, resignation, absence, or illness. The Commissioner, the Deputy
Commissioner, and the Advisors shall receive no compensation for their
services. The Commissioners may be paid traval /1/ expenses and per
diem in lieu of subsistence at the rates authorized by section 5703 of
title 5 when engaged in the performance of their duties.
(Pub. L. 89-702, title I, 107, Nov. 2, 1966, 80 Stat. 1093; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 838.)
''Section 5703 of title 5'' substituted in text for ''section 5 of
the Administrative Expense Act of 1946'' 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.
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions establishing the North Pacific Fur Seal Commission, which
were previously contained in section 1156 of this title, for provisions
empowering the Secretaries of State and Commerce to accept or reject
recommendations made by the Commission. See section 1158 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.
/1/ So in original. Probably should be ''travel''.
16 USC 1158. Acceptance or rejection by Secretaries of State and
Commerce of Commission recommendations
TITLE 16 -- CONSERVATION
The Secretary of State, with the concurrence of the Secretary, is
authorized to accept or reject, on behalf of the United States,
recommendations made by the Commission pursuant to article V of the
Convention.
(Pub. L. 89-702, title I, 108, Nov. 2, 1966, 80 Stat. 1093; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 838.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions empowering the Secretaries of State and Commerce to accept or
reject recommendations made by the Commission, which were previously
contained in section 1157 of this title, for provisions authorizing
Federal agency consultation with and technical assistance to the
Secretary of Commerce or the Commission. See section 1159 of this
title.
16 USC 1159. Federal agency consultations with and technical
assistance to Secretary of Commerce or Commission; reimbursement for
assistance
TITLE 16 -- CONSERVATION
The head of any Federal agency is authorized to consult with and
provide technical assistance to the Secretary or the Commission whenever
such assistance is needed and reasonably can be furnished in carrying
out the provisions of this subchapter. Any Federal agency furnishing
assistance hereunder may expend its own funds for such purposes, with or
without reimbursement.
(Pub. L. 89-702, title I, 109, Nov. 2, 1966, 80 Stat. 1093; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 838.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions authorizing Federal agency consultation with and technical
assistance to the Secretary or the Commission, which were previously
contained in section 1158 of this title, for provisions defining terms.
See section 1151 of this title.
16 USC SUBCHAPTER II -- ADMINISTRATION OF PRIBILOF ISLANDS
TITLE 16 -- CONSERVATION
16 USC 1161. Administration of fur seal rookeries and other Federal
real and personal property on Pribilof Islands
TITLE 16 -- CONSERVATION
The Secretary shall administer the fur seal rookeries and other
Federal real and personal property on the Pribilof Islands, with the
exception of lands purchased by the U.S. Fish and Wildlife Service under
section 1417 of the Alaska National Interest Lands Conservation Act
(Public Law 96-487) or acquired or purchased by any other authority
after October 14, 1983, and, in consultation with the Secretary of the
Interior, shall ensure that activities on such Islands are consistent
with the purposes of conserving, managing, and protecting the North
Pacific fur seals and other wildlife and for other purposes consistent
with that primary purpose.
(Pub. L. 89-702, title II, 201, Nov. 2, 1966, 80 Stat. 1093; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 838.)
Section 1417 of the Alaska National Interest Lands Conservation Act,
referred to in text, is Pub. L. 96-487, title XIV, 1417, Dec. 2,
1980, 94 Stat. 2500, which is not classified to the Code.
1983 -- Pub. L. 98-129 substituted provisions enumerating the steps
to be followed by the Secretary of Commerce in administering the fur
seal rookeries and the Federal real and personal property on the
Pribilof Islands for provisions which had provided that: ''The Pribilof
Islands shall continue to be administered as a special reservation by
the Secretary of Commerce for the purposes of conserving, managing, and
protecting the North Pacific fur seals and other wildlife, and for other
purposes.''
16 USC 1162. Authority of Secretary to operate, maintain, and repair
Government-owned property; necessary facilities, services, and
equipment for Federal employees and dependents
TITLE 16 -- CONSERVATION
In carrying out the provisions of this subchapter, the Secretary is
authorized --
(1) to operate, maintain, and repair such Government-owned property,
both real and personal, and other facilities held by the Secretary on
the Pribilof Islands as may be necessary; and
(2) to provide the employees of the Department of Commerce and other
Federal agencies and their dependents, at reasonable rates to be
determined by the Secretary, with such facilities, services, and
equipment as he deems necessary, including, but not limited to, food,
fuel, shelter, and transportation.
(Pub. L. 89-702, title II, 202, Nov. 2, 1966, 80 Stat. 1093; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 838.)
1983 -- Pub. L. 98-129 substituted provisions authorizing the
Secretary to operate, maintain, and repair such Government-owned
property, both real and personal, and other facilities held by the
Secretary on the Pribilof Islands as may be necessary, and to provide
the employees of the Department of Commerce and other Federal agencies
and their dependents, at reasonable rates to be determined by the
Secretary, with such facilities, services, and equipment as he deems
necessary, including, but not limited to, food, fuel, shelter, and
transportation, for provisions authorizing the Secretary to enter into
contracts or agreements or leases with, or to issue permits to, public
or private agencies or persons, including the natives of the Pribilof
Islands, in accordance with such terms and conditions as he deemed
desirable for the use of any Government-owned real or personal property
located on the islands, for the furnishing of accommodations for
tourists and other visitors, for educational, recreational, residential,
or commercial purposes, for the operation, maintenance, and repair of
Government-owned facilities and utilities, for the transportation and
storage of food and other supplies, and for such other purposes as the
Secretary deemed desirable.
16 USC 1163. Responsibility of Alaska to meet educational needs of
Pribilof Islands citizens
TITLE 16 -- CONSERVATION
The State of Alaska will be responsible for meeting the educational
needs of the citizens of the Pribilof Islands.
(Pub. L. 89-702, title II, 203, Nov. 2, 1966, 80 Stat. 1093; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 838.)
1983 -- Pub. L. 98-129 substituted provisions directing that the
State of Alaska be responsible for meeting the educational needs of the
citizens of the Pribilof Islands for provisions which had authorized the
Secretary (1) to provide, with or without reimbursement, the natives of
the Pribilof Islands with such facilities, services, and equipment as he
deemed necessary, including, but not limited to food, fuel, shelter,
transportation, and education, (2) to provide the employees of the
Department of Commerce and other Federal agencies and their dependents,
and tourists and other persons, at reasonable rates to be determined by
the Secretary, with such facilities, services, and equipment as he
deemed necessary, including, but not limited to, food, fuel, shelter,
transportation, and education, (3) to purchase, transport, store, and
distribute such supplies and equipment to carry out the provisions of
this section as the Secretary deemed necessary, and (4) to purchase,
construct, operate, and maintain the facilities necessary to carry out
the provisions of this section.
16 USC 1164. Responsibility of Secretary of Health and Human Services
to provide medical and dental care to Pribilof Islands natives
TITLE 16 -- CONSERVATION
The Secretary of Health and Human Services shall provide medical and
dental care to the Natives of the Pribilof Islands with or without
reimbursement, as provided by other law. He is authorized to provide
such care to Federal employees and their dependents and tourists and
other persons in the Pribilof Islands at reasonable rates to be
determined by him. He may purchase, lease, construct, operate, and
maintain such facilities, supplies, and equipment as he deems necessary
to carry out the provisions of this section; and the costs of such
items, including medical and dental care, shall be charged to the budget
of the Secretary of Health and Human Services. Nothing in this chapter
shall be construed as superseding or limiting the authority and
responsibility of the Secretary of Health and Human Services under the
Act of August 5, 1954, as amended (42 U.S.C. 2001 et seq.), or any other
law with respect to medical and dental care of natives or other persons
in the Pribilof Islands.
(Pub. L. 89-702, title II, 204, Nov. 2, 1966, 80 Stat. 1094; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 839.)
Act of August 5, 1954, as amended, referred to in text, is act Aug.
5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified
generally to subchapter I ( 2001 et seq.) of chapter 22 of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Tables.
1983 -- Pub. L. 98-129 substituted provisions formerly set out in
section 1165 of this title relating to medical and dental care of the
natives of the Pribilof Islands for provisions which had authorized the
Secretary to enter into an agreement with the Governor of the State of
Alaska pursuant to which the State assumed full responsibility for
furnishing education to the natives of the Pribilof Islands and also to
enter into agreements with said Governor pursuant to which the State
furnished to such natives adequate food, shelter, transportation, and
such other facilities, services, and equipment as the Secretary deemed
necessary, with the State of Alaska, in assuming such responsibility, to
meet the educational needs of the said natives in the same manner as the
State met the educational needs of all of its citizens, including the
furnishing of necessary facilities therefor.
16 USC 1165. Disposal of Federal property on Pribilof Islands
TITLE 16 -- CONSERVATION
(a) Submission to Congress of property transfer document
Any provision of law relating to the transfer and disposal of Federal
property to the contrary notwithstanding, the Secretary, after
consultation with the Secretary of the department in which the Coast
Guard is operating, is authorized to bargain, grant, sell or otherwise
convey, on such terms as he deems to be in the best interests of the
United States and in furtherance of the purposes of this chapter, any
and all right, title, and interest of the United States in and to the
property, both real and personal, held by the Secretary on the Pribilof
Islands: Provided, That such property is specified in a document
entitled ''Transfer of Property on the Pribilof Islands: Descriptions,
Terms and Conditions,'' which is submitted to the Congress on or before
October 31, 1983.
(b) Contents of property transfer document
The property transfer document described in subsection (a) of this
section shall include, but need not be limited to --
(1) a description of each conveyance;
(2) the terms to be imposed on each conveyance;
(3) designation of the recipient of each conveyance;
(4) a statement noting acceptance of each conveyance, including the
terms, if any, under which it is accepted; and
(5) an identification of all Federal property to be retained by the
Federal Government on the Pribilof Islands to meet its responsibilities
as described in this chapter and under the Convention.
(c) Report to Congress of fair market value of transferred property
Within 60 days of the transfer of real or personal property specified
in the document described in subsection (a) of this section, the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate shall be given a report prepared by the
Secretary stating the fair market value at the time of the transfer of
all real and personal property conveyed.
(d) Memorandum of Understanding
A Memorandum of Understanding shall be entered into by the Secretary,
a representative of the local governmental authority on each Island, the
trustee or trustees, and the appropriate officer of the State of Alaska
setting forth the respective responsibilities of the Federal Government,
the Trust, and the State regarding --
(1) application of Federal retirement benefits, severance pay, and
insurance benefits with respect to Natives of the Pribilof Islands;
(2) funding to be allocated by the State of Alaska for the
construction of boat harbors on St. Paul and St. George Islands;
(3) assumption of the State of Alaska of traditional State
responsibilities for facilities and services on such islands in
accordance with applicable laws and regulations;
(4) preservation of wildlife resources within the Secretary's
jurisdiction;
(5) continued activities relating to the implementation of the
Convention;
(6) oversight of the operation of the Trust established by section
1166(a) of this title to further progress toward creation of a stable,
diversified, and enduring economy not dependent up commercial fur
sealing;
(7) the cooperation of government agencies, rendered through existing
programs, in assisting with an orderly transition from Federal
management and the creation of a private enterprise economy on the
Pribilof Islands as described in this chapter; and
(8) such other matters as may be necessary and appropriate for
carrying out the purposes of the chapter, including the assumption of
responsibilities to ensure an orderly transition from Federal management
of the Pribilof Islands.
The Memorandum shall be submitted to Congress on or before October
31, 1983.
(e) Taxation
The grant, sale, transfer or conveyance of any real or personal
property pursuant to this section shall not be subject to any form of
Federal, State or local taxation. The basis for computing gain or loss
on subsequent sale or disposition of such real or personal property for
purposes of any Federal, State or local tax imposed on, or measured by
revenue shall be the fair market value of such real or personal property
at the time of receipt.
(f) Agreements with governmental agencies and third parties
In carrying out the purposes of this chapter, the Secretary is
authorized to enter into agreements, including but not limited to land
exchange agreements with other Departments and Agencies of both the
State and Federal Governments, and with third parties, notwithstanding
any provision of law relating to the transfer and disposal of Federal
property to the contrary; except that the authority of the Secretary of
the Interior regarding exchanges involving lands in the National
Wildlife Refuge System on October 14, 1983, is not affected by this
section.
(g) Report to Congress on status of negotiations
The Secretary shall submit to Congress a report, no later than
October 1, 1983, providing information on the status of the negotiations
for concluding the documents described in subsections (a) and (d) of
this section.
(Pub. L. 89-702, title II, 205, Nov. 2, 1966, 80 Stat. 1094; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 839.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions relating to the disposal of Federal property on the Pribilof
Islands for provisions relating to the medical and dental care of
Pribilof Islands natives. See section 1164 of this title.
16 USC 1166. Pribilof Islands Trust
TITLE 16 -- CONSERVATION
(a) Establishment; funding; distributions; investments
(1) In order to promote the development of a stable, self-sufficient
enduring and diversified economy not dependent on sealing, the Secretary
shall cause to be established a Trust for the benefit of the Natives of
the Pribilof Islands, to be known as the ''Pribilof Islands Trust''
(hereinafter referred to as the ''Trust'').
(2) All amounts appropriated to the Secretary under subsection (e) of
this section shall be transferred by the Secretary to the Trust within
fifteen days after submission of the Trust instrument to Congress in
accordance with the requirements of subsection (c) of this section.
(3) Except as provided in subsection (e)(2) of this section, none of
the amounts transferred to the Trust pursuant to paragraph (2) shall be
distributed by the trustee or trustees for the benefit of the Natives of
the Pribilof Islands until 30 days after submission to Congress of the
documents described in section 1165(a) and (d) of this title. Such
distributions shall be made by the trustee or trustees only after the
Secretary has determined that such Trust has been established and will
be operated in accordance with a trust instrument, or instruments,
approved by the Secretary which further the purposes and policies of
this chapter.
(4) Until the termination of the period described in paragraph (3),
the trustee or trustees shall invest the amounts transferred pursuant to
paragraph (2) in securities with maturities suitable for the needs of
the Trust, bearing interest rates at rates determined by the trustee or
trustees, taking into consideration average market yields on outstanding
marketable obligations of the United States of comparable maturities.
The income from such investments shall be credited to, and form a part
of the Trust.
(b) Administration of Trust
The Trust shall be administered in accordance with such terms and
conditions as are prescribed by the Secretary, and as set forth in the
Trust instrument. In establishing such terms and conditions, the
Secretary shall consult with the Natives of the Pribilof Islands, and
other interested parties concerning the conservation, management and
protection of the fur seal population.
(c) Trust instruments
There may be one Trust instrument establishing the Trust described in
subsection (a) of this section, or two such instruments, each relating
to one of the two portions of the Trust as provided in subsection (d) of
this section, which shall address, but need not be limited to, such
matters as --
(1) establishing standards and procedures for the disbursement by the
trustee or trustees of Trust assets for purposes of fostering in the
Pribilof Islands a stable, diversified, and enduring economy not
dependent upon sealing after Federal management of the islands is
terminated, which procedures may include formal participation of
Pribilof Islands Native councils, corporations, or other such entities;
(2) establishing the Secretary as trustor;
(3) establishing the procedure for appointment of the trustee or
trustees by the Secretary after consultation with the Natives of the
Pribilof Islands;
(4) setting forth the rights, duties, powers and obligations of a
trustee who shall act as an independent fiduciary and who shall be a
United States citizen having recognized competence in business;
(5) providing for the management and investment of Trust assets,
pending distribution, by an investment manager or advisor, who may be
the trustee, having recognized competence in such fields;
(6) establishing methods and procedures for providing Congress and
the Secretary with the annual reports described in subsection (g) of
this section;
(7) establishing Trust purposes in accordance with the purposes
described in section 1161 of this title and subsection (a) of this
section;
(8) the duties of the trustee or trustees and the standards of care
and diligence that shall govern the exercise of trust powers thereunder;
(9) compensation of the trustee or trustees;
(10) the term, termination and final distribution of the Trust
estate;
(11) mandating the applicability of the laws of the State of Alaska
to the creation and governance of the Trust;
(12) defraying of community expenses; and
(13) payment of necessary administrative and legal expenses.
The Trust instrument or instruments described in this subsection
shall be submitted to Congress on or before October 14, 1983.
(d) Separate portions of Trust for independent benefit of community
of St. Paul and community of St. George
The Trust shall be divided into two portions pursuant to a formula
established by the Secretary after consultation with the natives of both
Islands, to be accounted for separately for the independent benefit of
the community of St. Paul and the community of St. George.
(e) Authorization of appropriation; interim distributions
(1) There are authorized to be appropriated to the Secretary
$20,000,000 for the purpose of funding the Trust in accordance with the
requirements of subsection (a)(2) of this section. In addition, there
are authorized to be appropriated to the Secretary $3,200,000 for fiscal
year 1989 and $1,800,000 for fiscal year 1990 to be used for the purpose
of funding the Saint Paul Island Trust, as established pursuant to
subsection (a)(1) of this section, and $3,700,000 for fiscal year 1990
to be used for the purpose of funding the Saint George Trust, as
established pursuant to subsection (a)(1) of this section.
(2) Prior to the termination of the period described in subsection
(a)(3) of this section, the trustee or trustees may make interim
distributions for the benefit of the Natives of the Pribilof Islands,
upon approval of the Secretary, of up to five percent of the amounts
transferred to the Trust pursuant to subsection (a)(2) of this section
if, as determined by the Secretary, such interim distributions are
required to carry out the purposes of this chapter.
(3) There is authorized to be appropriated to the Secretary of the
Interior $3,500,000 for distribution to the Trust for the purpose of
preserving and maintaining municipal, community, and tribal functions
while an economy not dependent on sealing is established.
(f) Interest and proceeds from Trust
The interest on, and the proceeds from the sale or redemption of, any
asset or obligation held in the Trust shall be credited to and form a
part of the Trust.
(g) Annual report to Congress
The trustee or trustees shall submit to Congress and to the Secretary
an annual report, the first of which is due on April 30, 1984, and
subsequent reports on the same date each year thereafter during the life
of the Trust, providing information on expenditures made from the Trust
and progress towards achieving the purposes set out in subsection (a) of
this section. On April 30, 1986, the Secretary shall also submit a
report to the Congress detailing all progress toward achieving these
purposes since October 14, 1983. For purposes of preparing such report,
the Secretary by regulation may require that the trustee and the State
of Alaska submit such relevant information to the Secretary as he deems
appropriate.
(h) Exemption from taxation
The funds appropriated to the Trust and the earnings and distribution
therefrom shall not be subject to any form of Federal, State or local
taxation: Provided, That this exemption shall not apply to any income
from the investment or other use of such distributions.
(Pub. L. 89-702, title II, 206, Nov. 2, 1966, 80 Stat. 1094; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 840; Pub. L. 100-711, 9, Nov.
23, 1988, 102 Stat. 4772; Pub. L. 101-512, title I, Nov. 5, 1990, 104
Stat. 1931.)
In subsec. (g), ''October 14, 1983'' substituted for ''enactment of
this Act'', meaning the enactment of Pub. L. 98-129 which amended this
section generally.
1990 -- Subsec. (e)(3). Pub. L. 101-512 added par. (3).
1988 -- Subsec. (e)(1). Pub. L. 100-711 authorized appropriations
for fiscal years 1989 and 1990 to fund the Saint Paul Island Trust, and
authorized appropriations for fiscal year 1990 to fund the Saint George
Trust.
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions for the creation and functioning of a Pribilof Islands Trust
for provisions which authorized the Secretary to set apart land on Saint
Paul Island for a townsite and to aid in the development of a municipal
government therefor.
16 USC 1167. Leases, permits, agreements, and contracts with public or
private agencies or persons
TITLE 16 -- CONSERVATION
The Secretary is authorized to enter into agreements or contracts or
leases with, or to issue permits to, any public or private agency or
person for carrying out the provisions of the Convention or this
chapter.
(Pub. L. 89-702, title II, 207, Nov. 2, 1966, 80 Stat. 1095; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 842.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions authorizing the Secretary to enter into agreements or
contracts or leases with, or to issue permits to, any public or private
agency or person for carrying out the provisions of the Convention or
this chapter for provisions which had set a fine of not more than $500
or imprisonment for not more than six months, or both, for violating
regulations of the Secretary relating to the use and management of the
Pribilof Islands or the protection or conservation of fur seals,
wildlife, or other natural resources.
16 USC 1168. Civil service retirement benefits
TITLE 16 -- CONSERVATION
(a) Credit for services performed by natives
Service by natives of the Pribilof Islands engaged in the taking and
curing of fur seal skins and other activities in connection with the
administration of such islands prior to January 1, 1950, as determined
by the Secretary based on records available to him, shall be considered
for purposes of credit under subchapter III of chapter 83 of title 5 as
civilian service performed by an employee, as defined in said
subchapter.
(b) Adjustment of annuities
The annuity of any person or the annuity of the survivor of any
person who shall have performed service described in subsection (a) of
this section, and who, prior to November 2, 1966, died or shall have
been retired on annuity payable from the civil service retirement and
disability fund, shall, upon application filed by the annuitant within
one year after November 2, 1966, be adjusted, effective as of the first
day of the month immediately following November 2, 1966, so that the
amount of the annuity shall be the same as if such subsection had been
in effect at the time of such person's retirement or death.
(c) Nonentitlement to lump-sum benefits
In no case shall credit for the service described in subsection (a)
of this section entitle a person to the benefits of section 8342(h) of
title 5.
(d) Reimbursement from Operations, Research, and Facilities Account
of National Oceanic and Atmospheric Administration in Department of
Commerce
Notwithstanding any other provisions of this chapter or any other
law, benefits under subchapter III of chapter 83 of title 5 made
available by reason of the provisions of this section shall be paid from
the civil service retirement and disability fund subject to
reimbursement to such fund from the Operations, Research, and Facilities
Account of the National Oceanic and Atmospheric Administration in the
Department of Commerce, for the purpose of compensating said retirement
fund for the cost, as determined by the Director of the Office of
Personnel Management during each fiscal year, of benefits provided by
this section.
(Pub. L. 89-702, title II, 208, Nov. 2, 1966, 80 Stat. 1096; 1978
Reorg. Plan No. 2, 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
3784; Pub. L. 98-129, 2, Oct. 14, 1983, 97 Stat. 842.)
''Subchapter III of chapter 83 of title 5'' substituted for ''the
Civil Service Retirement Act, as amended'' in subsec. (a) and for ''the
Civil Service Retirement Act'' in subsec. (d), and ''section 8342(h) of
title 5'' substituted for ''section 11(h) of the Civil Service
Retirement Act'' in subsec. (c) 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.
1983 -- Subsecs. (a) to (c). Pub. L. 98-129 reenacted subsecs. (a)
to (c) without change.
Subsec. (d). Pub. L. 98-129 reenacted subsec. (d) without change
other than the substitution of ''subject to reimbursement to such fund
from the Operations, Research, and Facilities Account of the National
Oceanic and Atmospheric Administration in the Department of Commerce,
for the purpose of compensating said retirement fund for the cost, as
determined by the Civil Service Commission during each fiscal year, of
benefits provided by this section'' for ''subject to reimbursement to
such fund from the gross receipts of the Pribilof Islands fund,
established in section 1187 of this title, for the purpose of
compensating said retirement fund for the cost, as determined by the
Civil Service Commission during each fiscal year, of benefits provided
by this section. This reimbursement to the civil service retirement
fund shall be considered a cost of administering the fur seal program''.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (d) 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 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 1169. Regulations
TITLE 16 -- CONSERVATION
The Secretary is authorized to prescribe such regulations as he deems
necessary to carry out the provisions of this subchapter.
(Pub. L. 89-702, title II, 211, as added Pub. L. 98-129, 2, Oct.
14, 1983, 97 Stat. 844.)
16 USC 1169a. Annuities and survivor annuities; recomputation
TITLE 16 -- CONSERVATION
(a)(1) /1/ An annuity or survivor annuity based on the service of an
employee or Member who performed service described in the second
paragraph (13) /2/ of subsection (b) or subsection (l)(1)(C) of section
8332 of title 5, as added by subsections (b) and (e), respectively, of
section 209 of this Act (Pub. L. 89-702), shall, upon application to the
Office of Personnel Management, be recomputed in accordance with the
second paragraph (13) of subsection (b) and subsection (l),
respectively, of such section 8332, regardless of whether the employee
or Member retires before, on, or after October 14, 1983.
(2) Any recomputation of annuity under paragraph (1) of this
subsection shall apply with respect to months beginning more than 30
days after the date on which application for such recomputation is
received by the Office.
(Pub. L. 89-702, title II, 212, as added Pub. L. 98-369, div. B,
title II, 2208(b), July 18, 1984, 98 Stat. 1061.)
The second paragraph (13) of subsection (b) of section 8332 of title
5, referred to in subsec. (a)(1), relates to service performed by a
Native of the Pribilof Islands. That par. (13) was added by subsec.
(b) of section 209 of Pub. L. 89-702 (as added by section 2 of Pub. L.
98-129) and is set out in the Code as the first par. (13) of subsec.
(b) of section 8332 of Title 5, Government Organization and Employees.
Section 2208(c) of Pub. L. 98-369 provided that: ''The amendments
made by this section (enacting this section and amending section 8332 of
Title 5, Government Organization and Employees) shall take effect as of
October 14, 1983.''
/1/ So in original. No subsec. (b) has been enacted.
/2/ See References in Text note below.
16 USC SUBCHAPTER III -- ENFORCEMENT
TITLE 16 -- CONSERVATION
16 USC 1171. Seizure and forfeiture of vessels
TITLE 16 -- CONSERVATION
(a) Every vessel subject to the jurisdiction of the United States
that is employed in any manner in connection with a violation of the
provision of this chapter, including its tackle, apparel, furniture,
appurtenances, cargo, and stores shall be subject to forfeiture; and
all fur seals, or parts thereof, taken or retained in violation of this
chapter, or the monetary value thereof, shall be forfeited.
(b) All provisions of law relating to the seizure, summary and
judicial forfeiture, and condemnation of a vessel, including its tackle,
apparel, furniture, appurtenances, cargo, and stores for violation of
the customs laws, the disposition of such vessel, including its tackle,
apparel, furniture, appurtenances, cargo, and stores 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. 89-702, title III, 301, Nov. 2, 1966, 80 Stat. 1096; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 844.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions, which were contained in section 1181 of this title, relating
to seizure and forfeiture of vessels for provisions prohibiting the
taking of sea otters on the high seas.
16 USC 1172. Practice and procedure
TITLE 16 -- CONSERVATION
(a) Joint responsibility; designation by Secretary of State officers
and employees as Federal law enforcement agents; non-Federal employees
for civil service purposes
Enforcement of the provisions of this chapter is the joint
responsibility of the Secretary, the Secretary of the Treasury, and the
Secretary of the department in which the Coast Guard is operating. In
addition, the Secretary may designate officers and employees of the
States of the United States to enforce the provisions of this chapter
which relate to persons or vessels subject to the jurisdiction of the
United States. When so designated, such officers and employees 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 purpose of any laws administered by the Office of
Personnel Management.
(b) Issuance of warrants and other 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, including warrants or other process issued in
admiralty proceedings in Federal district courts, as may be required for
enforcement of this chapter and any regulations issued thereunder.
(c) Execution of warrants or other process by enforcement agents
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 and searches by enforcement agents
Such person so authorized shall have the power --
(1) with or without a warrant or other process, to arrest any person
committing in his presence or view a violation of this chapter or the
regulations issued thereunder;
(2) with a warrant or other process or without a warrant, if he has
reasonable cause to believe that a vessel subject to the jurisdiction of
the United States or any person onboard is in violation of any provision
of this chapter or the regulations issued thereunder, to search such
vessel and to arrest such person.
(e) Seizure of vessels and related articles
Such person so authorized may seize any vessel subject to the
jurisdiction of the United States, together with its tackle, apparel,
furniture, appurtenances, cargo, and stores, used or employed contrary
to the provisions of this chapter or the regulations issued hereunder or
which it reasonably appears has been used or employed contrary to the
provisions of this chapter or the regulations issued hereunder.
(f) Seizure and disposition of fur seals
Such person so authorized may seize, whenever and wherever lawfully
found, all fur seals taken or retained in violation of this chapter or
the regulations issued thereunder. Any fur seals so seized or forfeited
to the United States pursuant to this chapter shall be disposed of in
accordance with the provisions of section 1155 of this title.
(Pub. L. 89-702, title III, 302, Nov. 2, 1966, 80 Stat. 1097; Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 844; Pub. L. 101-650, title III,
321, Dec. 1, 1990, 104 Stat. 5117.)
1983 -- Pub. L. 98-129 amended section generally, substituting
provisions, which were contained in section 1182 of this title, relating
to practice and procedure in connection with the enforcement of this
chapter for provisions which had authorized the sale by the Secretary of
sea otter skins that had been forfeited to or seized by the United
States.
''United States magistrate judges'' substituted for ''United States
magistrates'' in subsec. (b) 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 1173. Regulations
TITLE 16 -- CONSERVATION
The Secretary is authorized to prescribe such regulations as he deems
necessary and appropriate to carry out the provisions of this
subchapter.
(Pub. L. 89-702, title III, 303, as added Pub. L. 98-129, 2, Oct.
14, 1983, 97 Stat. 845.)
Provisions similar to this section were contained in section 1183 of
this title prior to the complete revision of this chapter by Pub. L.
98-129.
16 USC 1174. Penalties
TITLE 16 -- CONSERVATION
(a) Any person who knowingly violates any provision of this chapter
or of any permit or regulation issued thereunder shall, upon conviction,
be fined not more than $20,000 for such violation, or imprisoned for not
more than one year, or both.
(b) Any person who violates any provision of this chapter or any
regulation or permit issued hereunder may be assessed a civil penalty by
the Secretary of not more than $10,000 for each such violation. No
penalty shall be assessed unless such person is given notice and
opportunity for a hearing with respect to such violation. Hearings held
during proceedings for the assessment of civil penalties authorized by
this subsection shall be conducted in accordance with section 554 of
title 5. The Secretary may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, and
documents, and 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 contumacy or refusal to obey a subpoena
served upon any person pursuant to this paragraph, the district court of
the United States for any district in which such person is found or
resides or transacts business, upon application by the United States and
after notice to such person, shall have jurisdiction to issue an order
requiring such 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 such order of the court may be punished by such
court as a contempt thereof. Any civil penalty assessed may be remitted
or mitigated by the Secretary for good cause shown. Upon any failure to
pay a penalty assessed under this subsection, the Secretary may request
the Attorney General to institute 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.
(Pub. L. 89-702, title III, 304, as added Pub. L. 98-129, 2, Oct.
14, 1983, 97 Stat. 845.)
Provisions similar to this section were contained in section 1184 of
this title prior to the complete revision of this chapter by Pub. L.
98-129.
16 USC 1175. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) There are authorized to be appropriated to the operations,
research, and facilities account of the National Oceanic and Atmospheric
Administration in the Department of Commerce, such sums as may be
necessary, up to $2,000,000, for fiscal year 1984 for the purpose of
upgrading Federal property to be transferred pursuant to section 1165 of
this title, $736,000 for fiscal year 1984 for the purposes of sections
1154 and 1168 of this title and such sums as may be necessary for each
fiscal year thereafter for the purposes of sections 1154 and 1168 of
this title.
(b) The contract authority of the Secretary under this chapter is
effective for any fiscal year only to the extent that appropriations are
available for such purposes.
(Pub. L. 89-702, title III, 305, as added Pub. L. 98-129, 2, Oct.
14, 1983, 97 Stat. 845.)
16 USC 1181 to 1187. Omitted
TITLE 16 -- CONSERVATION
Sections were omitted in the general revision of this chapter by Pub.
L. 98-129, 2, Oct. 14, 1983, 97 Stat. 835.
Section 1181, Pub. L. 89-702, title IV, 401, Nov. 2, 1966, 80
Stat. 1097, related to seizure and forfeiture of vessels. See section
1171 of this title.
Section 1182, Pub. L. 89-702, title IV, 402, Nov. 2, 1966, 80
Stat. 1097; Pub. L. 90-578, title IV, 402(b)(2), Oct. 17, 1968, 82
Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090; 1978 Reorg. Plan No. 2 of 1978, 102, eff.
Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784, set out additional
enforcement provisions. See section 1172 of this title.
Section 1183, Pub. L. 89-702, title IV, 403, Nov. 2, 1966, 80
Stat. 1098; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, authorized the Secretary of Commerce to issue
regulations. See section 1173 of this title.
Section 1184, Pub. L. 89-702, title IV, 404, Nov. 2, 1966, 80
Stat. 1098, set out penalties for violations. See section 1174 of this
title.
Section 1185, Pub. L. 89-702, title IV, 405, Nov. 2, 1966, 80
Stat. 1098; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, related to contracts or agreements for research.
See section 1155(b) of this title.
Section 1186, Pub. L. 89-702, title IV, 406, Nov. 2, 1966, 80
Stat. 1098, defined terms as used in this chapter. See section 1151 of
this title.
Section 1187, Pub. L. 89-702, title IV, 407, Nov. 2, 1966, 80
Stat. 1098, related to creation of a Pribilof Islands fund. See
section 1166 of this title.
16 USC CHAPTER 25 -- JELLYFISH OR SEA NETTLES, OTHER SUCH PESTS, AND
SEAWEED IN COASTAL WATERS: CONTROL OR ELIMINATION
TITLE 16 -- CONSERVATION
Sec.
1201. Declaration of purposes; Secretary's cooperation with and
assistance to States.
1202. Authority of Secretary; studies, research, and
investigations; control measures; execution of program; other
actions; costs.
1203. Authorization of appropriations.
1204. Compacts.
1205. General authority of Secretary for conducting studies,
research, and investigations unaffected.
16 USC 1201. Declaration of purposes; Secretary's cooperation with
and assistance to States
TITLE 16 -- CONSERVATION
For the purposes of conserving and protecting the fish and shellfish
resources in the coastal waters of the United States and the
Commonwealth of Puerto Rico, and promoting and safeguarding water-based
recreation for present and future generations in these waters, the
Secretary of Commerce is authorized to cooperate with, and provide
assistance to, the States in controlling and eliminating jellyfish,
commonly referred to as ''sea nettles'', and other such pests and in
conducting research for the purposes of controlling floating seaweed in
such waters.
(Pub. L. 89-720, 1, Nov. 2, 1966, 80 Stat. 1149; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
''Secretary of Commerce'' was substituted in text for ''Secretary of
the Interior'' in view of: the creation of the National Oceanic and
Atmospheric Administration in the Department of Commerce and the Office
of Administrator of such Administration; the abolition of the Bureau of
Commercial Fisheries in the Interior Department and the Office of
Director of such Bureau; transfers of functions, including functions
formerly vested by law in the Secretary of the Interior or the Interior
Department which were administered through the 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 programs 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 1202. Authority of Secretary; studies, research, and
investigations; control measures; execution of program; other
actions; costs
TITLE 16 -- CONSERVATION
In carrying out the purposes of this chapter, the Secretary, in
cooperation with the States and the Commonwealth of Puerto Rico, is
authorized (1) to conduct, directly or by contract, such studies,
research, and investigations, as he deems desirable, to determine the
abundance and distribution of jellyfish and other such pests and their
effects on fish and shellfish and water-based recreation, (2) to conduct
studies of control measures of such pests and of floating seaweed, (3)
to carry out, based on studies made pursuant to this chapter, a program
of controlling or eliminating such pests and such seaweed, and (4) to
take such other actions as the Secretary deems desirable: Provided,
That the costs of such actions shall be borne equally by the Federal
Government and by the States and the Commonwealth of Puerto Rico, acting
jointly or severally.
(Pub. L. 89-720, 2, Nov. 2, 1966, 80 Stat. 1149.)
16 USC 1203. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated not to exceed $500,000 for the
fiscal year ending June 30, 1968, $750,000 for the fiscal year ending
June 30, 1969, $1,000,000 for the period beginning July 1, 1969, and
ending June 30, 1973, and $400,000 for each of the fiscal years ending
June 30, 1974, June 30, 1975, June 30, 1976, and June 30, 1977.
(Pub. L. 89-720, 3, Nov. 2, 1966, 80 Stat. 1149; Pub. L. 91-451,
Oct. 14, 1970, 84 Stat. 922; Pub. L. 92-604, Oct. 31, 1972, 86 Stat.
1493.)
1972 -- Pub. L. 92-604 authorized appropriations of $400,000 for
fiscal years ending June 30, 1974, 1975, 1976, and 1977.
1970 -- Pub. L. 91-451 substituted ''for the period beginning July
1, 1969, and ending June 30, 1973'' for ''for the fiscal year ending
June 30, 1970''.
16 USC 1204. Compacts
TITLE 16 -- CONSERVATION
The Congress consents to any compact or agreement between any two or
more States for the purpose of carrying out a program of research,
study, investigation, and control of jellyfish and other such pests in
the coastal waters of the United States. The right to alter, amend, or
repeal this section or the consent granted herein is expressly reserved.
(Pub. L. 89-720, 4, Nov. 2, 1966, 80 Stat. 1149.)
16 USC 1205. General authority of Secretary for conducting studies,
research, and investigations unaffected
TITLE 16 -- CONSERVATION
Nothing in this chapter shall be construed to alter, amend, repeal,
modify, or diminish the present general authority of the Secretary of
Commerce to conduct studies, research, and investigations related to the
mission of the Department of Commerce.
(Pub. L. 89-720, 5, Nov. 2, 1966, 80 Stat. 1149; 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 and substitution of Department of Commerce for Department of
the Interior by Reorg. Plan No. 4 of 1970, see note set out under
section 1201 of this title.
16 USC CHAPTER 25A -- CROWN OF THORNS STARFISH
TITLE 16 -- CONSERVATION
Sec.
1211. Congressional statement of purpose.
1212. Investigation and control of crown of thorns starfish.
1213. Authorization of appropriations.
16 USC 1211. Congressional statement of purpose
TITLE 16 -- CONSERVATION
For the purpose of conserving and protecting coral reef resources of
the tropical islands of interest and concern to the United States in the
Pacific and safeguarding critical island areas from possible erosion and
to safeguard future recreational and esthetic uses of Pacific coral
reefs, the Secretary of Commerce and the Secretary of the Smithsonian
Institution are authorized to cooperate with and provide assistance to
the governments of the State of Hawaii, the territories and possessions
of the United States, including Guam and American Samoa, the Trust
Territory of the Pacific Islands, and other island possessions of the
United States, in the study and control of the seastar ''Crown of
Thorns'' (Acanthaster planci).
(Pub. L. 91-427, 1, Sept. 26, 1970, 84 Stat. 884; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
''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 1212. Investigation and control of crown of thorns starfish
TITLE 16 -- CONSERVATION
In carrying out the purposes of this chapter, the Secretary of
Commerce and the Secretary of the Smithsonian Institution are authorized
to --
(1) conduct such studies, research, and investigations, as they deem
desirable to determine the causes of the population increase of the
''Crown of Thorns'', their effects on corals and coral reefs, and the
stability and regeneration of reefs following predation;
(2) to monitor areas where the ''Crown of Thorns'' may be increasing
in numbers and to determine future needs for control;
(3) to develop improved methods of control and to carry out programs
of control in areas where these are deemed necessary; and
(4) to take such other actions as deemed desirable to gain an
understanding of the ecology and control of the seastar ''Crown of
Thorns''.
(Pub. L. 91-427, 2, Sept. 26, 1970, 84 Stat. 884; 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
1211 of this title.
16 USC 1213. Authorization of appropriations
TITLE 16 -- CONSERVATION
For the purpose of carrying out the provisions of this chapter, there
is authorized to be appropriated for the period commencing on September
26, 1970, and ending June 30, 1975, not to exceed $4,500,000.
(Pub. L. 91-427, 3, Sept. 26, 1970, 84 Stat. 884.)
16 USC CHAPTER 25B -- REEFS FOR MARINE LIFE CONSERVATION
TITLE 16 -- CONSERVATION
Sec.
1220. State applications for obsolete ships for use as offshore
reefs.
(a) Conservation of marine life.
(b) Manner and form of applications; minimum requirements.
(c) Copies to Federal officers for official comments and views.
1220a. Transfer of title; terms and conditions.
1220b. Obsolete ships available; number; equitable administration.
1220c. Denial of applications; finality of decision.
1220d. ''Obsolete ship'' defined.
16 USC 1220. State applications for obsolete ships for use as offshore
reefs
TITLE 16 -- CONSERVATION
(a) Conservation of marine life
Any State may apply to the Secretary of Transportation (hereafter
referred to in this chapter as the ''Secretary'') for obsolete ships
which, but for the operation of this chapter, would be designated by the
Secretary for scrapping if the State intends to sink such ships for use
as an offshore artificial reef for the conservation of marine life.
(b) Manner and form of applications; minimum requirements
A State shall apply for obsolete ships under this chapter in such
manner and form as the Secretary shall prescribe, but such application
shall include at least (1) the location at which the State proposes to
sink the ships, (2) a certificate from the Administrator, Environmental
Protection Agency, that the proposed use of the particular vessel or
vessels requested by the State will be compatible with water quality
standards and other appropriate environmental protection requirements,
and (3) statements and estimates with respect to the conservation goals
which are sought to be achieved by use of the ships.
(c) Copies to Federal officers for official comments and views
Before taking any action with respect to an application submitted
under this chapter, the Secretary shall provide copies of the
application to the Secretary of the Interior, the Secretary of Defense,
and any other appropriate Federal officer, and shall consider comments
and views of such officers with respect to the application.
(Pub. L. 92-402, 3, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98-623,
title II, 207(1), (2), Nov. 8, 1984, 98 Stat. 3397.)
1984 -- Subsecs. (a), (b). Pub. L. 98-623, 207, substituted
''Secretary of Transportation'' for ''Secretary of Commerce'' and
''obsolete ships'' for ''Liberty ships'', wherever appearing.
16 USC 1220a. Transfer of title; terms and conditions
TITLE 16 -- CONSERVATION
If, after consideration of such comments and views as are received
pursuant to section 1220(c) of this title, the Secretary finds that the
use of obsolete ships proposed by a State will not violate any Federal
law, contribute to degradation of the marine environment, create undue
interference with commercial fishing or navigation, and is not
frivolous, he may transfer without consideration to the State all right,
title, and interest of the United States in and to any obsolete ships
which are available for transfer under this chapter if --
(1) the State gives to the Secretary such assurances as he deems
necessary that such ships will be utilized and maintained only for the
purposes stated in the application and, when sunk, will be charted and
marked as a hazard to navigation;
(2) the State agrees to secure any licenses or permits which may be
required under the provisions of any other applicable Federal law;
(3) the State agrees to such other terms and conditions as the
Secretary shall require in order to protect the marine environment and
other interests of the United States; and
(4) the transfer would be at no cost to the Government with the State
taking delivery of such obsolete ships at fleetside of the National
Defense Reserve Fleet in an ''as is -- where is'' condition.
(Pub. L. 92-402, 4, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98-623,
title II, 207(1), (3), Nov. 8, 1984, 98 Stat. 3397.)
1984 -- Pub. L. 98-623 substituted ''obsolete ships'' for ''Liberty
ships'' wherever appearing in provisions preceding par. (1) and in par.
(4), and substituted ''may transfer'' for ''shall transfer'' in
provisions preceding par. (1).
16 USC 1220b. Obsolete ships available; number; equitable
administration
TITLE 16 -- CONSERVATION
A State may apply for more than one obsolete ship under this chapter.
The Secretary shall, however, taking into account the number of
obsolete ships which may be or become available for transfer under this
chapter, administer this chapter in an equitable manner with respect to
the various States.
(Pub. L. 92-402, 5, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98-623,
title II, 207(1), Nov. 8, 1984, 98 Stat. 3397.)
1984 -- Pub. L. 98-623 substituted ''obsolete ships'' for ''Liberty
ships'' wherever appearing.
16 USC 1220c. Denial of applications; finality of decision
TITLE 16 -- CONSERVATION
A decision by the Secretary denying any application for a /1/
obsolete ship under this chapter is final.
(Pub. L. 92-402, 6, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98-623,
title II, 207(1), Nov. 8, 1984, 98 Stat. 3397.)
1984 -- Pub. L. 98-623 substituted ''obsolete ship'' for ''Liberty
ship''.
/1/ So in original. Probably should be ''an''.
16 USC 1220d. ''Obsolete ship'' defined
TITLE 16 -- CONSERVATION
For purposes of sections 1220, 1220a, 1220b, and 1220c of this title,
the term ''obsolete ship'' means any vessel owned by the Department of
Transportation that has been determined to be of insufficient value for
commercial or national defense purposes to warrant its maintenance and
preservation in the national defense reserve fleet and has been
designated as an artificial reef candidate.
(Pub. L. 92-402, 7, as added Pub. L. 98-623, title II, 207(4), Nov.
8, 1984, 98 Stat. 3397.)
16 USC CHAPTER 26 -- ESTUARINE AREAS
TITLE 16 -- CONSERVATION
Sec.
1221. Congressional declaration of policy.
1222. General study and inventory of estuaries and their natural
resources.
(a) Estuaries included; considerations; other applicable studies.
(b) Federal or State land acquisition or administration; other
protective methods.
(c) Report to Congress; recommendations; authorization for
acquisition of lands; consultation with States and Federal agencies;
accompanying statement of views, probable effects, and major trends.
(d) Authorization of appropriations.
1223. Agreements with States and subdivisions; equitable sharing of
costs; development improvements; availability of appropriations;
State hunting and fishing laws applicable.
1224. Commercial and industrial development considerations; reports
to Congress; recommendations.
1225. State consideration of protection and restoration of estuaries
in State comprehensive planning and proposals for financial assistance
under certain Federal laws; grants: terms and conditions, prohibition
against disposition of lands without approval of the Secretary.
1226. Federal agency authority to carry out Federal project within
an estuary unaffected.
16 USC 1221. Congressional declaration of policy
TITLE 16 -- CONSERVATION
Congress finds and declares that many estuaries in the United States
are rich in a variety of natural, commercial, and other resources,
including environmental natural beauty, and are of immediate and
potential value to the present and future generations of Americans. It
is therefore the purpose of this chapter to provide a means for
considering the need to protect, conserve, and restore these estuaries
in a manner that adequately and reasonably maintains a balance between
the national need for such protection in the interest of conserving the
natural resources and natural beauty of the Nation and the need to
develop these estuaries to further the growth and development of the
Nation. In connection with the exercise of jurisdiction over the
estuaries of the Nation and in consequence of the benefits resulting to
the public, it is declared to be the policy of Congress to recognize,
preserve, and protect the responsibilities of the States in protecting,
conserving, and restoring the estuaries in the United States.
(Pub. L. 90-454, 1, Aug. 3, 1968, 82 Stat. 625.)
16 USC 1222. General study and inventory of estuaries and their
natural resources
TITLE 16 -- CONSERVATION
(a) Estuaries included; considerations; other applicable studies
The Secretary of the Interior, in consultation and in cooperation
with the States, the Secretary of the Army, and other Federal agencies,
shall conduct directly or by contract a study and inventory of the
Nation's estuaries, including without limitation coastal marshlands,
bays, sounds, seaward areas, lagoons, and land and waters of the Great
Lakes. For the purpose of this study, the Secretary shall consider,
among other matters, (1) their wildlife and recreational potential,
their ecology, their value to the marine, anadromous, and shell
fisheries and their esthetic value, (2) their importance to navigation,
their value for flood, hurricane, and erosion control, their mineral
value, and the value of submerged lands underlying the waters of the
estuaries, and (3) the value of such areas for more intensive
development for economic use as part of urban developments and for
commercial and industrial developments. This study and inventory shall
be carried out in conjunction with the comprehensive estuarine pollution
study authorized by section 5(g) of the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1254(n)), and other applicable studies.
(b) Federal or State land acquisition or administration; other
protective methods
The study shall focus attention on whether any land or water area
within an estuary and the Great Lakes should be acquired or administered
by the Secretary or by a State or local subdivision thereof, or whether
such land or water area may be protected adequately through local,
State, or Federal laws or other methods without Federal land acquisition
or administration.
(c) Report to Congress; recommendations; authorization for
acquisition of lands; consultation with States and Federal agencies;
accompanying statement of views, probable effects, and major trends
The Secretary of the Interior shall, not later than January 30, 1970,
submit to the Congress through the President a report of the study
conducted pursuant to this section, together with any legislative
recommendations, including recommendations on the feasibility and
desirability of establishing a nationwide system of estuarine areas, the
terms, conditions, and authorities to govern such system, and the
designation and acquisition of any specific estuarine areas of national
significance which he believes should be acquired by the United States.
No lands within such area may be acquired until authorized by subsequent
Act of Congress. Recommendations made by the Secretary for the
acquisition of any estuarine area shall be developed in consultation
with the States, municipalities, and other interested Federal agencies.
Each such recommendation shall be accompanied by (1) expressions of any
views which the interested States, municipalities, and other Federal
agencies and river basin commissions may submit within sixty days after
having been notified of the proposed recommendations, (2) a statement
setting forth the probable effect of the recommended action on any
comprehensive river basin plan that may have been adopted by Congress or
that is serving as a guide for coordinating Federal programs in the
basin wherein such area is located, (3) in the absence of such a plan, a
statement indicating the probable effect of the recommended action on
alternative beneficial users of the resources of the proposed estuarine
area, and (4) a discussion of the major economic, social, and ecological
trends occurring in such area.
(d) Authorization of appropriations
There is authorized to be appropriated not to exceed $250,000 for
fiscal year 1969 and $250,000 for fiscal year 1970 to carry out the
provisions of this section. Such sums shall be available until
expended.
(Pub. L. 90-454, 2, Aug. 3, 1968, 82 Stat. 626.)
Section 5(g) of the Federal Water Pollution Control Act, as amended,
referred to in text, was originally classified to section 466c(g) of
Title 33, Navigation and Navigable Waters. Section 5(g) of the Act was
redesignated as section 5(m) by sec. 105(l) of Pub. L. 91-224, Apr.
3, 1970, 84 Stat. 111, and was reclassified to section 1155(m) of Title
33. The Federal Water Pollution Control Act was amended generally by
sec. 2 of Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816, and the
provisions relating to comprehensive estuarine pollution study are
contained in section 104(n), which is classified to section 1254(n) of
Title 33.
16 USC 1223. Agreements with States and subdivisions; equitable
sharing of costs; development improvements; availability of
appropriations; State hunting and fishing laws applicable
TITLE 16 -- CONSERVATION
After the completion of the general study authorized by section 1222
of this title, the Secretary of the Interior, with the approval of the
President, may enter into an agreement, containing such terms and
conditions as are mutually acceptable, with any State or with a
political subdivision or agency thereof (if the agreement with such
subdivision or agency is first approved by the Governor of the State
involved or by a State agency designated for that purpose) for the
permanent management, development, and administration of any area, land,
or interests therein within an estuary and adjacent lands which are
owned or thereafter acquired by a State or by any political subdivision
thereof: Provided, That, with the approval of the Governor of the State
involved or of a State agency designated for that purpose, the Secretary
may also enter into such an agreement for any particular area whenever
the segment of the general study applicable to that area is completed
subject to the provisions of subsections (a) and (b) of section 1222 of
this title. Such agreement shall, among other things, provide that the
State or a political subdivision or agency thereof and the Secretary
shall share in an equitable manner in the cost of managing,
administering, and developing such areas, and such development may
include the construction, operation, installation, and maintenance of
buildings, devices, structures, recreational facilities, access roads,
and other improvements, and such agreement shall be subject to the
availability of appropriations. State hunting and fishing laws and
regulations shall be applicable to such areas to the extent they are now
or hereafter applicable.
(Pub. L. 90-454, 3, Aug. 3, 1968, 82 Stat. 627.)
16 USC 1224. Commercial and industrial development considerations;
reports to Congress; recommendations
TITLE 16 -- CONSERVATION
In planning for the use or development of water and land resources,
all Federal agencies shall give consideration to estuaries and their
natural resources, and their importance for commercial and industrial
developments, and all project plans and reports affecting such estuaries
and resources submitted to the Congress shall contain a discussion by
the Secretary of the Interior of such estuaries and such resources and
the effects of the project on them and his recommendations thereon. The
Secretary of the Interior shall make his recommendations within ninety
days after receipt of such plans and reports.
(Pub. L. 90-454, 4, Aug. 3, 1968, 82 Stat. 627.)
16 USC 1225. State consideration of protection and restoration of
estuaries in State comprehensive planning and proposals for financial
assistance under certain Federal laws; grants: terms and conditions,
prohibition against disposition of lands without approval of the
Secretary
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall encourage States and local
subdivisions thereof to consider, in their comprehensive planning and
proposals for financial assistance under the Federal Aid in Wildlife
Restoration Act (50 Stat. 917), as amended (16 U.S.C. 669 et seq.), the
Federal Aid in Fish Restoration Act (64 Stat. 430), as amended (16
U.S.C. 777 et seq.), the Land and Water Conservation Fund Act of 1965
(78 Stat. 897) (16 U.S.C. 460l-4 et seq.), the Commercial Fisheries
Research and Development Act of 1964 /1/ (78 Stat. 197) (16 U.S.C. 779
et seq.), and the Anadromous and Great Lakes Fisheries Conservation Act
of October 30, 1965 (79 Stat. 1125) (16 U.S.C. 757a et seq.), the needs
and opportunities for protecting and restoring estuaries in accordance
with the purposes of this Act. In approving grants made pursuant to
said laws for the acquisition of all or part of an estuarine area by a
State, the Secretary shall establish such terms and conditions as he
deems desirable to insure the permanent protection of such areas,
including a provision that the lands or interests therein shall not be
disposed of by sale, lease, donation, or exchange without the prior
approval of the Secretary.
(Pub. L. 90-454, 5, Aug. 3, 1968, 82 Stat. 627.)
The Federal Aid in Wildlife Restoration Act, as amended, referred to
in text, is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended,
which is classified generally to chapter 5B ( 669 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 669 of this title and Tables.
The Federal Aid in Fish Restoration Act, as amended, referred to in
text, is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, which
is classified generally to chapter 10B ( 777 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 777 of this title and Tables.
The Land and Water Conservation Fund Act of 1965, referred to in
text, is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
which is classified generally to part B ( 460l-4 et seq.) of subchapter
LXIX of chapter 1 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 460l-4 of
this title and Tables.
The Commercial Fisheries Research and Development Act of 1964,
referred to in text, is Pub. L. 88-309, May 20, 1964, 78 Stat. 197, as
amended, which was classified generally to chapter 10D ( 779 et seq.) of
this title, was repealed by Pub. L. 99-659, title III, 309, Nov. 14,
1986, 100 Stat. 3736.
The Anadromous and Great Lakes Fisheries Conservation Act of October
30, 1965, referred to in text, probably means the Anadromous Fish
Conservation Act, Pub. L. 89-304, Oct. 30, 1965, 79 Stat. 1125, as
amended, which is classified generally to sections 757a to 757g of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 757a of this title and Tables.
/1/ See References in Text note below.
16 USC 1226. Federal agency authority to carry out Federal project
within an estuary unaffected
TITLE 16 -- CONSERVATION
Nothing in this chapter shall be construed to affect the authority of
any Federal agency to carry out any Federal project heretofore or
hereafter authorized within an estuary.
(Pub. L. 90-454, 6, Aug. 3, 1968, 82 Stat. 628.)
16 USC CHAPTER 27 -- NATIONAL TRAILS SYSTEM
TITLE 16 -- CONSERVATION
Sec.
1241. Congressional statement of policy and declaration of purpose.
(a) Considerations for determining establishment of trails.
(b) Initial components.
(c) Volunteer citizen involvement.
1242. National trails system.
(a) Composition: recreation trails; scenic trails; historic
trails; connecting or side trails; uniform markers.
(b) Extended trails.
(c) Comprehensive plan submitted by Secretary of the Interior to
Congress; revisions; content; consultation.
1243. National recreation trails; establishment and designation;
prerequisites.
1244. National scenic and national historic trails.
(a) Establishment and designation; administration.
(b) Additional national scenic or national historic trails;
feasibility studies; consultations; submission of studies to Congress;
scope of studies; qualifications for national historic trail
designation.
(c) Routes subject to consideration for designation as national
scenic trails.
(d) Trail advisory councils; establishment and termination; term
and compensation; membership; chairman.
(e) Comprehensive national scenic trail plan; consultation;
submission to Congressional committees.
(f) Comprehensive national historic trail plan; consultation;
submission to Congressional committees.
1245. Connecting or side trails; establishment, designation, and
marking as components of national trails system; location.
1246. Administration and development of national trails system.
(a) Consultation of Secretary with other agencies; transfer of
management responsibilities; selection of rights-of-way; criteria for
selection; notice; impact upon established uses.
(b) Relocation of segment of national, scenic or historic, trail
right-of-way; determination of necessity with official having
jurisdiction; necessity for Act of Congress.
(c) Facilities on national, scenic or historic, trails; permissible
activities; use of motorized vehicles; trail markers; establishment
of uniform marker; placement of uniform markers; trail interpretation
sites.
(d) Use and acquisition of lands within exterior boundaries of areas
included within right-of-way.
(e) Right-of-way lands outside exterior boundaries of federally
administered areas; cooperative agreements or acquisition; failure to
agree or acquire; agreement or acquisition by Secretary concerned;
right of first refusal for original owner upon disposal.
(f) Exchange of property within the right-of-way by Secretary of the
Interior; property subject to exchange; equalization of value of
property; exchange of national forest lands by Secretary of
Agriculture; tracts lying outside trail acquisition area.
(g) Condemnation proceedings to acquire private lands; limitations;
availability of funds for acquisition of lands or interests therein;
acquisition of high potential, route segments or historic sites.
(h) Development and maintenance of national, scenic or historic,
trails; cooperation with States over portions located outside of
federally administered areas; cooperative agreements; participation of
volunteers; reservation of right-of-way for trails in conveyances by
Secretary of the Interior.
(i) Regulations; issuance; concurrence and consultation; revision;
publication; violations; penalties; utilization of national park or
national forest authorities.
(j) Types of trail use allowed.
(k) Donations or other conveyances of qualified real property
interests.
1247. State and local area recreation and historic trails.
(a) Secretary of the Interior to encourage States, political
subdivisions, and private interests; financial assistance for State and
local projects.
(b) Secretary of Housing and Urban Development to encourage
metropolitan and other urban areas; administrative and financial
assistance in connection with recreation and transportation planning;
administration of urban open-space program.
(c) Secretary of Agriculture to encourage States, local agencies, and
private interests.
(d) Interim use of railroad rights-of-way.
(e) Designation and marking of trails; approval of Secretary of the
Interior.
1248. Easements and rights-of-way.
(a) Authorization; conditions.
(b) Cooperation of Federal agencies with Secretary of the Interior
and Secretary of Agriculture.
(c) Abandoned railroad grants; retention of rights.
(d) Location, incorporation, and management.
(e) Release and quitclaim; conditions; sale; proceeds.
(f) ''Conservation system unit'' and ''public lands'' defined.
1249. Authorization of appropriations.
1250. Volunteer trails assistance.
(a) Volunteer planning, development, maintenance, and management of
trails.
(b) Scope of volunteer work.
(c) Use of Federal facilities, equipment, tools, and technical
assistance.
1251. Definitions.
16 USC 1241. Congressional statement of policy and declaration of
purpose
TITLE 16 -- CONSERVATION
(a) Considerations for determining establishment of trails
In order to provide for the ever-increasing outdoor recreation needs
of an expanding population and in order to promote the preservation of,
public access to, travel within, and enjoyment and appreciation of the
open-air, outdoor areas and historic resources of the Nation, trails
should be established (i) primarily, near the urban areas of the Nation,
and (ii) secondarily, within scenic areas and along historic travel
routes of the Nation, which are often more remotely located.
(b) Initial components
The purpose of this chapter is to provide the means for attaining
these objectives by instituting a national system of recreation, scenic
and historic trails, by designating the Appalachian Trail and the
Pacific Crest Trail as the initial components of that system, and by
prescribing the methods by which, and standards according to which,
additional components may be added to the system.
(c) Volunteer citizen involvement
The Congress recognizes the valuable contributions that volunteers
and private, nonprofit trail groups have made to the development and
maintenance of the Nation's trails. In recognition of these
contributions, it is further the purpose of this chapter to encourage
and assist volunteer citizen involvement in the planning, development,
maintenance, and management, where appropriate, of trails.
(Pub. L. 90-543, 2, Oct. 2, 1968, 82 Stat. 919; Pub. L. 95-625,
title V, 551(1)-(3), Nov. 10, 1978, 92 Stat. 3511; Pub. L. 98-11,
title II, 202, Mar. 28, 1983, 97 Stat. 42.)
1983 -- Subsec. (b). Pub. L. 98-11, 202(1), substituted ''The'' for
''the'' before ''purpose''.
Subsec. (c). Pub. L. 98-11, 202(2), added subsec. (c).
1978 -- Subsec. (a). Pub. L. 95-625, 551(1), (2), inserted ''the
preservation of,'' and ''and historic resources'' after ''promote'' and
''outdoor areas'' and substituted ''within scenic areas and along
historic travel routes of the Nation, which are often more remotely
located'' for ''within established scenic areas more remotely located''.
Subsec. (b). Pub. L. 95-625, 551(3), substituted '', scenic and
historic'' for ''and scenic''.
Pub. L. 101-365, 1, Aug. 15, 1990, 104 Stat. 429, provided that:
''This Act (amending sections 1244 and 1249 of this title) may be cited
as the 'Juan Bautista de Anza National Historic Trail Act'.''
Pub. L. 101-321, 1, July 3, 1990, 104 Stat. 293, provided that:
''This Act (amending section 1244 of this title) may be cited as the
'Selma to Montgomery National Trail Study Act of 1989'.''
Pub. L. 100-559, title II, 201, Oct. 28, 1988, 102 Stat. 2797,
provided that: ''This title (amending section 1244 of this title) may
be cited as the 'Coronado National Trail Study Act of 1988'.''
Pub. L. 100-470, 1, Oct. 4, 1988, 102 Stat. 2281, provided that:
''This Act (amending sections 1244 and 1248 of this title and enacting
provisions set out as notes under section 1248 of this title) may be
cited as the 'National Trails System Improvements Act of 1988'.''
Pub. L. 100-187, 1, Dec. 11, 1987, 101 Stat. 1287, provided that:
''This Act (amending section 1244 of this title) may be cited as the 'De
Soto National Trail Study Act of 1987'.''
Section 201 of title II of Pub. L. 98-11 provided that: ''This
title (enacting sections 1250 and 1251 of this title and amending this
section and sections 1242 to 1247 and 1249 of this title) may be cited
as the 'National Trails System Act Amendments of 1983'.''
Section 1 of Pub. L. 90-543 provided that: ''This Act (enacting
this chapter) may be cited as the 'National Trails System Act'.''
16 USC 1242. National trails system
TITLE 16 -- CONSERVATION
(a) Composition: recreation trails; scenic trails; historic
trails; connecting or side trails; uniform markers
The national system of trails shall be composed of the following:
(1) National recreation trails, established as provided in section
1243 of this title, which will provide a variety of outdoor recreation
uses in or reasonably accessible to urban areas.
(2) National scenic trails, established as provided in section 1244
of this title, which will be extended trails so located as to provide
for maximum outdoor recreation potential and for the conservation and
enjoyment of the nationally significant scenic, historic, natural, or
cultural qualities of the areas through which such trails may pass.
National scenic trails may be located so as to represent desert, marsh,
grassland, mountain, canyon, river, forest, and other areas, as well as
landforms which exhibit significant characteristics of the physiographic
regions of the Nation.
(3) National historic trails, established as provided in section 1244
of this title, which will be extended trails which follow as closely as
possible and practicable the original trails or routes of travel of
national historical significance. Designation of such trails or routes
shall be continuous, but the established or developed trail, and the
acquisition thereof, need not be continuous onsite. National historic
trails shall have as their purpose the identification and protection of
the historic route and its historic remnants and artifacts for public
use and enjoyment. Only those selected land and water based components
of an historic trail which are on federally owned lands and which meet
the national historic trail criteria established in this chapter are
included as Federal protection components of a national historic trail.
The appropriate Secretary may certify other lands as protected segments
of an historic trail upon application from State or local governmental
agencies or private interests involved if such segments meet the
national historic trail criteria established in this chapter and such
criteria supplementary thereto as the appropriate Secretary may
prescribe, and are administered by such agencies or interests without
expense to the United States.
(4) Connecting or side trails, established as provided in section
1245 of this title, which will provide additional points of public
access to national recreation, national scenic or national historic
trails or which will provide connections between such trails.
The Secretary of the Interior and the Secretary of Agriculture, in
consultation with appropriate governmental agencies and public and
private organizations, shall establish a uniform marker for the national
trails system.
(b) Extended trails
For purposes of this section, the term ''extended trails'' means
trails or trail segments which total at least one hundred miles in
length, except that historic trails of less than one hundred miles may
be designated as extended trails. While it is desirable that extended
trails be continuous, studies of such trails may conclude that it is
feasible to propose one or more trail segments which, in the aggregate,
constitute at least one hundred miles in length.
(c) Comprehensive plan submitted by Secretary of the Interior to
Congress; revisions; content; consultation
On October 1, 1982, and at the beginning of each odd numbered fiscal
year thereafter, the Secretary of the Interior shall submit to the
Speaker of the United States House of Representatives and to the
President of the United States Senate, an initial and revised
(respectively) National Trails System plan. Such comprehensive plan
shall indicate the scope and extent of a completed nationwide system of
trails, to include (1) desirable nationally significant scenic and
historic components which are considered necessary to complete a
comprehensive national system, and (2) other trails which would balance
out a complete and comprehensive nationwide system of trails. Such
plan, and the periodic revisions thereto, shall be prepared in full
consultation with the Secretary of Agriculture, the Governors of the
various States, and the trails community.
(Pub. L. 90-543, 3, Oct. 2, 1968, 82 Stat. 919; Pub. L. 95-625,
title V, 551(4), (5), Nov. 10, 1978, 92 Stat. 3511, 3512; Pub. L.
98-11, title II, 203, Mar. 28, 1983, 97 Stat. 42.)
1983 -- Subsec. (a). Pub. L. 98-11, 203(1), (2), designated
existing provisions as subsec. (a), redesignated former subsecs. (a)
to (d) as pars. (1) to (4), respectively, and, in provisions preceding
par. (1), substituted ''shall be composed of the following:'' for
''shall be composed of -- ''.
Subsec. (a)(2). Pub. L. 98-11, 203(3), inserted provision
authorizing the location of national scenic trails so as to represent
desert, marsh, grassland, mountain, canyon, river, forest, and other
areas, as well as landforms which exhibit significant characteristics of
the physiographic regions of the Nation.
Subsec. (a)(3). Pub. L. 98-11, 203(4), (5), substituted ''in this
chapter are included as Federal'' for ''in this chapter, are established
as initial Federal'' in fourth sentence and struck out ''subsequently''
after ''The appropriate Secretary may'' in fifth sentence.
Subsecs. (b), (c). Pub. L. 98-11, 203(6), added subsecs. (b) and
(c).
1978 -- Subsecs. (c), (d). Pub. L. 95-625, 551(4), (5), added
subsec. (c), redesignated former subsec. (c) as (d), and substituted
'', national scenic or national historic'' for ''or national scenic''.
16 USC 1243. National recreation trails; establishment and
designation; prerequisites
TITLE 16 -- CONSERVATION
(a) The Secretary of the Interior, or the Secretary of Agriculture
where lands administered by him are involved, may establish and
designate national recreation trails, with the consent of the Federal
agency, State, or political subdivision having jurisdiction over the
lands involved, upon finding that --
(i) such trails are reasonably accessible to urban areas, and, or
(ii) such trails meet the criteria established in this chapter and
such supplementary criteria as he may prescribe.
(b) As provided in this section, trails within park, forest, and
other recreation areas administered by the Secretary of the Interior or
the Secretary of Agriculture or in other federally administered areas
may be established and designated as ''National Recreation Trails'' by
the appropriate Secretary and, when no Federal land acquisition is
involved --
(i) trails in or reasonably accessible to urban areas may be
designated as ''National Recreation Trails'' by the appropriate
Secretary with the consent of the States, their political subdivisions,
or other appropriate administering agencies;
(ii) trails within park, forest, and other recreation areas owned or
administered by States may be designated as ''National Recreation
Trails'' by the appropriate Secretary with the consent of the State;
and
(iii) trails on privately owned lands may be designated ''National
Recreation Trails'' by the appropriate Secretary with the written
consent of the owner of the property involved.
(Pub. L. 90-543, 4, Oct. 2, 1968, 82 Stat. 919; Pub. L. 98-11,
title II, 204, Mar. 28, 1983, 97 Stat. 43.)
1983 -- Subsec. (b)(i), (ii). Pub. L. 98-11, 204(1), substituted
''appropriate Secretary'' for ''Secretary of the Interior''.
Subsec. (b)(iii). Pub. L. 98-11, 204(2)-(4), added cl. (iii).
16 USC 1244. National scenic and national historic trails
TITLE 16 -- CONSERVATION
(a) Establishment and designation; administration
National scenic and national historic trails shall be authorized and
designated only by Act of Congress. There are hereby established the
following National Scenic and National Historic Trails:
(1) The Appalachian National Scenic Trail, a trail of approximately
two thousand miles extending generally along the Appalachian Mountains
from Mount Katahdin, Maine, to Springer Mountain, Georgia. Insofar as
practicable, the right-of-way for such trail shall comprise the trail
depicted on the maps identified as ''Nationwide System of Trails,
Proposed Appalachian Trail, NST-AT-101-May 1967'', which shall be on
file and available for public inspection in the office of the Director
of the National Park Service. Where practicable, such rights-of-way
shall include lands protected for it under agreements in effect as of
October 2, 1968, to which Federal agencies and States were parties. The
Appalachian Trail shall be administered primarily as a footpath by the
Secretary of the Interior, in consultation with the Secretary of
Agriculture.
(2) The Pacific Crest National Scenic Trail, a trail of approximately
two thousand three hundred fifty miles, extending from the
Mexican-California border northward generally along the mountain ranges
of the west coast States to the Canadian-Washington border near Lake
Ross, following the route as generally depicted on the map, identified
as ''Nationwide System of Trails, Proposed Pacific Crest Trail,
NST-PC-103-May 1967'' which shall be on file and available for public
inspection in the office of the Chief of the Forest Service. The
Pacific Crest Trail shall be administered by the Secretary of
Agriculture, in consultation with the Secretary of the Interior.
(3) The Oregon National Historic Trail, a route of approximately two
thousand miles extending from near Independence, Missouri, to the
vicinity of Portland, Oregon, following a route as depicted on maps
identified as ''Primary Route of the Oregon Trail 1841-1848'', in the
Department of the Interior's Oregon Trail study report dated April 1977,
and which shall be on file and available for public inspection in the
office of the Director of the National Park Service. The trail shall be
administered by the Secretary of the Interior.
(4) The Mormon Pioneer National Historic Trail, a route of
approximately one thousand three hundred miles extending from Nauvoo,
Illinois, to Salt Lake City, Utah, following the primary historical
route of the Mormon Trail as generally depicted on a map, identified as,
''Mormon Trail Vicinity Map, figure 2'' in the Department of the
Interior Mormon Trail study report dated March 1977, and which shall be
on file and available for public inspection in the office of the
Director, National Park Service, Washington, D.C. The trail shall be
administered by the Secretary of the Interior.
(5) The Continental Divide National Scenic Trail, a trail of
approximately thirty-one hundred miles, extending from the
Montana-Canada border to the New Mexico-Mexico border, following the
approximately route depicted on the map, identified as ''Proposed
Continental Divide National Scenic Trail'' in the Department of the
Interior Continental Divide Trail study report dated March 1977 and
which shall be on file and available for public inspection in the office
of the Chief, Forest Service, Washington, D.C. The Continental Divide
National Scenic Trail shall be administered by the Secretary of
Agriculture in consultation with the Secretary of the Interior.
Notwithstanding the provisions of section 1246(c) of this title, the use
of motorized vehicles on roads which will be designated segments of the
Continental Divide National Scenic Trail shall be permitted in
accordance with regulations prescribed by the appropriate Secretary.
(6) The Lewis and Clark National Historic Trail, a trail of
approximately three thousand seven hundred miles, extending from Wood
River, Illinois, to the mouth of the Columbia River in Oregon, following
the outbound and inbound routes of the Lewis and Clark Expedition
depicted on maps identified as, ''Vicinity Map, Lewis and Clark Trail''
study report dated April 1977. The map shall be on file and available
for public inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be administered by the
Secretary of the Interior.
(7) The Iditarod National Historic Trail, a route of approximately
two thousand miles extending from Seward, Alaska, to Nome, Alaska,
following the routes as depicted on maps identified as ''Seward-Nome
Trail'', in the Department of the Interior's study report entitled ''The
Iditarod Trail (Seward-Nome Route) and other Alaskan Gold Rush Trails''
dated September 1977. The map shall be on file and available for public
inspection in the office of the Director, National Park Service,
Washington, D.C. The trail shall be administered by the Secretary of the
Interior.
(8) The North Country National Scenic Trail, a trail of approximately
thirty-two hundred miles, extending from eastern New York State to the
vicinity of Lake Sakakawea in North Dakota, following the approximate
route depicted on the map identified as ''Proposed North Country
Trail-Vicinity Map'' in the Department of the Interior ''North Country
Trail Report'', dated June 1975. The map shall be on file and available
for public inspection in the office of the Director, National Park
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior.
(9) The Overmountain Victory National Historic Trail, a system
totaling approximately two hundred seventy-two miles of trail with
routes from the mustering point near Abingdon, Virginia, to Sycamore
Shoals (near Elizabethton, Tennessee); from Sycamore Shoals to Quaker
Meadows (near Morganton, North Carolina); from the mustering point in
Surry County, North Carolina, to Quaker Meadows; and from Quaker
Meadows to Kings Mountain, South Carolina, as depicted on the map
identified as Map 3 -- Historic Features -- 1780 in the draft study
report entitled ''Overmountain Victory Trail'' dated December 1979. The
map shall be on file and available for public inspection in the Office
of the Director, National Park Service, Washington, District of
Columbia. The trail shall be administered by the Secretary of the
Interior.
(10) The Ice Age National Scenic Trail, a trail of approximately one
thousand miles, extending from Door County, Wisconsin, to Interstate
Park in Saint Croix County, Wisconsin, generally following the route
described in ''On the Trail of the Ice Age -- A Hiker's and Biker's
Guide to Wisconsin's Ice Age National Scientific Reserve and Trail'', by
Henry S. Reuss, Member of Congress, dated 1980. The guide and maps
shall be on file and available for public inspection in the Office of
the Director, National Park Service, Washington, District of Columbia.
Overall administration of the trail shall be the responsibility of the
Secretary of the Interior pursuant to subsection (d) of this section.
The State of Wisconsin, in consultation with the Secretary of the
Interior, may, subject to the approval of the Secretary, prepare a plan
for the management of the trail which shall be deemed to meet the
requirements of subsection (e) of this section. Notwithstanding the
provisions of section 1246(c) of this title, snowmobile use may be
permitted on segments of the Ice Age National Scenic Trail where deemed
appropriate by the Secretary and the managing authority responsible for
the segment.
(11) The Potomac Heritage National Scenic Trail, a corridor of
approximately seven hundred and four miles following the route as
generally depicted on the map identified as ''National Trails System,
Proposed Potomac Heritage Trail'' in ''The Potomac Heritage Trail'', a
report prepared by the Department of the Interior and dated December
1974, except that no designation of the trail shall be made in the State
of West Virginia. The map shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Washington, District of Columbia. The trail shall initially consist of
only those segments of the corridor located within the exterior
boundaries of federally administered areas. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Potomac Heritage
Trail. The Secretary of the Interior may designate lands outside of
federally administered areas as segments of the trail, only upon
application from the States or local governmental agencies involved, if
such segments meet the criteria established in this chapter and are
administered by such agencies without expense to the United States. The
trail shall be administered by the Secretary of the Interior.
(12) The Natchez Trace National Scenic Trail, a trail system of
approximately six hundred and ninety-four miles extending from
Nashville, Tennessee, to Natchez, Mississippi, as depicted on the map
entitled ''Concept Plan, Natchez Trace Trails Study'' in ''The Natchez
Trace'', a report prepared by the Department of the Interior and dated
August 1979. The map shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Department of the Interior, Washington, District of Columbia. The trail
shall be administered by the Secretary of the Interior.
(13) The Florida National Scenic Trail, a route of approximately
thirteen hundred miles extending through the State of Florida as
generally depicted in ''The Florida Trail'', a national scenic trail
study draft report prepared by the Department of the Interior and dated
February 1980. The report shall be on file and available for public
inspection in the office of the Chief of the Forest Service, Washington,
District of Columbia. No lands or interests therein outside the
exterior boundaries of any federally administered area may be acquired
by the Federal Government for the Florida Trail except with the consent
of the owner thereof. The Secretary of Agriculture may designate lands
outside of federally administered areas as segments of the trail, only
upon application from the States or local governmental agencies
involved, if such segments meet the criteria established in this chapter
and are administered by such agencies without expense to the United
States. The trail shall be administered by the Secretary of
Agriculture.
(14) The Nez Perce National Historic Trail, a route of approximately
eleven hundred and seventy miles extending from the vicinity of Wallowa
Lake, Oregon, to Bear Paw Mountain, Montana, as generally depicted in
''Nez Perce (Nee-Me-Poo) Trail Study Report'' prepared by the Department
of Agriculture and dated March 1982. The report shall be on file and
available for public inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of Agriculture. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Nez Perce
National Historic Trail. The Secretary of Agriculture may designate
lands outside of federally administered areas as segments of the trail
upon application from the States or local governmental agencies involved
if such segments meet the criteria established in this chapter and are
administered by such agencies without expense to the United States. So
that significant route segments and sites recognized as associated with
the Nez Perce Trail may be distinguished by suitable markers, the
Secretary of Agriculture is authorized to accept the donation of
suitable markers for placement at appropriate locations. Any such
markers associated with the Nez Perce Trail which are to be located on
lands administered by any other department or agency of the United
States may be placed on such lands only with the concurrence of the head
of such department or agency.
(15) The Santa Fe National Historic Trail, a trail of approximately
950 miles from a point near Old Franklin, Missouri, through Kansas,
Oklahoma, and Colorado to Santa Fe, New Mexico, as generally depicted on
a map entitled ''The Santa Fe Trail'' contained in the Final Report of
the Secretary of the Interior pursuant to subsection (b) of this
section, dated July 1976. The map shall be on file and available for
public inspection in the office of the Director of the National Park
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Santa Fe Trail
except with the consent of the owner thereof. Before acquiring any
easement or entering into any cooperative agreement with a private
landowner with respect to the trail, the Secretary shall notify the
landowner of the potential liability, if any, for injury to the public
resulting from physical conditions which may be on the landowner's land.
The United States shall not be held liable by reason of such notice or
failure to provide such notice to the landowner. So that significant
route segments and sites recognized as associated with the Santa Fe
Trail may be distinguished by suitable markers, the Secretary of the
Interior is authorized to accept the donation of suitable markers for
placement at appropriate locations.
(16)(A) The Trail of Tears National Historic Trail, a trail
consisting of water routes and overland routes traveled by the Cherokee
Nation during its removal from ancestral lands in the East to Oklahoma
during 1838 and 1839, generally located within the corridor described
through portions of Georgia, North Carolina, Alabama, Tennessee,
Kentucky, Illinois, Missouri, Arkansas, and Oklahoma in the final report
of the Secretary of the Interior prepared pursuant to subsection (b) of
this section entitled ''Trail of Tears'' and dated June 1986. Maps
depicting the corridor shall be on file and available for public
inspection in the Office of the National Park Service, Department of the
Interior. The trail shall be administered by the Secretary of the
Interior. No lands or interests therein outside the exterior boundaries
of any federally administered area may be acquired by the Federal
Government for the Trail of Tears except with the consent of the owner
thereof.
(B) In carrying out his responsibilities pursuant to subsections /1/
1244(f) and 1246(c) of this title, the Secretary of the Interior shall
give careful consideration to the establishment of appropriate
interpretive sites for the Trail of Tears in the vicinity of
Hopkinsville, Kentucky, Fort Smith, Arkansas, Trail of Tears State Park,
Missouri, and Tahlequah, Oklahoma.
(17) The Juan Bautista de Anza National Historic Trail, a trail
comprising the overland route traveled by Captain Juan Bautista de Anza
of Spain during the years 1775 and 1776 from Sonora, Mexico, to the
vicinity of San Francisco, California, of approximately 1,200 miles
through Arizona and California, as generally described in the report of
the Department of the Interior prepared pursuant to subsection (b) of
this section entitled ''Juan Bautista de Anza National Trail Study,
Feasibility Study and Environmental Assessment'' and dated August 1986.
A map generally depicting the trail shall be on file and available for
public inspection in the Office of the Director of the National Park
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Juan Bautista de
Anza National Historic Trail without the consent of the owner thereof.
In implementing this paragraph, the Secretary shall encourage volunteer
trail groups to participate in the development and maintenance of the
trail.
( ) /2/ The California National Historic Trail, a route of
approximately five thousand seven hundred miles, including all routes
and cutoffs, extending from Independence and Saint Joseph, Missouri, and
Council Bluffs, Iowa, to various points in California and Oregon, as
generally described in the report of the Department of the Interior
prepared pursuant to subsection (b) of this section entitled
''California and Pony Express Trails, Eligibility/Feasibility
Study/Environmental Assessment'' and dated September 1987. A map
generally depicting the route shall be on file and available for public
inspection in the Office of the National Park Service, Department of the
Interior. The trail shall be administered by the Secretary of the
Interior. No lands or interests therein outside the exterior boundaries
of any federally administered area may be acquired by the United States
for the California National Historic Trail except with the consent of
the owner thereof.
( ) /2/ The Pony Express National Historic Trail, a route of
approximately one thousand nine hundred miles, including the original
route and subsequent route changes, extending from Saint Joseph,
Missouri, to Sacramento, California, as generally described in the
report of the Department of the Interior prepared pursuant to subsection
(b) of this section entitled ''California and Pony Express Trails,
Eligibility/Feasibility Study/Environmental Assessment'', and dated
September 1987. A map generally depicting the route shall be on file
and available for public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be administered by
the Secretary of the Interior. No lands or interests therein outside
the exterior boundaries of any federally administered area may be
acquired by the United States for the Pony Express National Historic
Trail except with the consent of the owner thereof.
(b) Additional national scenic or national historic trails;
feasibility studies; consultations; submission of studies to Congress;
scope of studies; qualifications for national historic trail
designation
The Secretary of the Interior, through the agency most likely to
administer such trail, and the Secretary of Agriculture where lands
administered by him are involved, shall make such additional studies as
are herein or may hereafter be authorized by the Congress for the
purpose of determining the feasibility and desirability of designating
other trails as national scenic or national historic trails. Such
studies shall be made in consultation with the heads of other Federal
agencies administering lands through which such additional proposed
trails would pass and in cooperation with interested interstate, State,
and local governmental agencies, public and private organizations, and
landowners and land users concerned. The feasibility of designating a
trail shall be determined on the basis of an evaluation of whether or
not it is physically possible to develop a trail along a route being
studied, and whether the development of a trail would be financially
feasible. The studies listed in subsection (c) of this section shall be
completed and submitted to the Congress, with recommendations as to the
suitability of trail designation, not later than three complete fiscal
years from the date of enactment of their addition to this subsection,
or from November 10, 1978, whichever is later. Such studies, when
submitted, shall be printed as a House or Senate document, and shall
include, but not be limited to:
(1) the proposed route of such trail (including maps and
illustrations);
(2) the areas adjacent to such trails, to be utilized for scenic,
historic, natural, cultural, or developmental, purposes;
(3) the characteristics which, in the judgment of the appropriate
Secretary, make the proposed trail worthy of designation as a national
scenic or national historic trail; and in the case of national historic
trails the report shall include the recommendation of the Secretary of
the Interior's National Park System Advisory Board as to the national
historic significance based on the criteria developed under the Historic
Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461);
(4) the current status of land ownership and current and potential
use along the designated route;
(5) the estimated cost of acquisition of lands or interests in lands,
if any;
(6) the plans for developing and maintaining the trail and the cost
thereof;
(7) the proposed Federal administering agency (which, in the case of
a national scenic trail wholly or substantially within a national
forest, shall be the Department of Agriculture);
(8) the extent to which a State or its political subdivisions and
public and private organizations might reasonably be expected to
participate in acquiring the necessary lands in the administration
thereof;
(9) the relative uses of the lands involved, including: the number
of anticipated visitor-days for the entire length of, as well as for
segments of, such trail; the number of months which such trail, or
segments thereof, will be open for recreation purposes; the economic
and social benefits which might accrue from alternate land uses; and
the estimated man-years of civilian employment and expenditures expected
for the purposes of maintenance, supervision, and regulation of such
trail;
(10) the anticipated impact of public outdoor recreation use on the
preservation of a proposed national historic trail and its related
historic and archeological features and settings, including the measures
proposed to ensure evaluation and preservation of the values that
contribute to their national historic significance; and
(11) to qualify for designation as a national historic trail, a trail
must meet all three of the following criteria:
(A) It must be a trail or route established by historic use and must
be historically significant as a result of that use. The route need not
currently exist as a discernible trail to qualify, but its location must
be sufficiently known to permit evaluation of public recreation and
historical interest potential. A designated trail should generally
accurately follow the historic route, but may deviate somewhat on
occasion of necessity to avoid difficult routing through subsequent
development, or to provide some route variation offering a more
pleasurable recreational experience. Such deviations shall be so noted
on site. Trail segments no longer possible to travel by trail due to
subsequent development as motorized transportation routes may be
designated and marked onsite as segments which link to the historic
trail.
(B) It must be of national significance with respect to any of
several broad facets of American history, such as trade and commerce,
exploration, migration and settlement, or military campaigns. To
qualify as nationally significant, historic use of the trail must have
had a far-reaching effect on broad patterns of American culture. Trails
significant in the history of native Americans may be included.
(C) It must have significant potential for public recreational use or
historical interest based on historic interpretation and appreciation.
The potential for such use is generally greater along roadless segments
developed as historic trails, and at historic sites associated with the
trail. The presence of recreation potential not related to historic
appreciation is not sufficient justification for designation under this
category.
(c) Routes subject to consideration for designation as national
scenic trails
The following routes shall be studied in accordance with the
objectives outlined in subsection (b) of this section:
(1) Continental Divide Trail, a three-thousand-one-hundred-mile trail
extending from near the Mexican border in southwestern New Mexico
northward generally along the Continental Divide to the Canadian border
in Glacier National Park.
(2) Potomac Heritage Trail, an eight-hundred-and-twenty-five-mile
trail extending generally from the mouth of the Potomac River to its
sources in Pennsylvania and West Virginia, including the
one-hundred-and-seventy-mile Chesapeake and Ohio Canal towpath.
(3) Old Cattle Trails of the Southwest from the vicinity of San
Antonio, Texas, approximately eight hundred miles through Oklahoma via
Baxter Springs and Chetopa, Kansas, to Fort Scott, Kansas, including the
Chisholm Trail, from the vicinity of San Antonio or Cuero, Texas,
approximately eight hundred miles north through Oklahoma to Abilene,
Kansas.
(4) Lewis and Clark Trail, from Wood River, Illinois, to the Pacific
Ocean in Oregon, following both the outbound and inbound routes of the
Lewis and Clark Expedition.
(5) Natchez Trace, from Nashville, Tennessee, approximately six
hundred miles to Natchez, Mississippi.
(6) North Country Trail, from the Appalachian Trail in Vermont,
approximately three thousand two hundred miles through the States of New
York, Pennsylvania, Ohio, Michigan, Wisconsin, and Minnesota, to the
Lewis and Clark Trail in North Dakota.
(7) Kittanning Trail from Shirleysburg in Huntingdon County to
Kittanning, Armstrong County, Pennsylvania.
(8) Oregon Trail, from Independence, Missouri, approximately two
thousand miles to near Fort Vancouver, Washington.
(9) Santa Fe Trail, from Independence, Missouri, approximately eight
hundred miles to Santa Fe, New Mexico.
(10) Long Trail, extending two hundred and fifty-five miles from the
Massachusetts border northward through Vermont to the Canadian border.
(11) Mormon Trail, extending from Nauvoo, Illinois, to Salt Lake
City, Utah, through the States of Iowa, Nebraska, and Wyoming.
(12) Gold Rush Trails in Alaska.
(13) Mormon Battalion Trail, extending two thousand miles from Mount
Pisgah, Iowa, through Kansas, Colorado, New Mexico, and Arizona to Los
Angeles, California.
(14) El Camino Real from St. Augustine to San Mateo, Florida,
approximately 20 miles along the southern boundary of the St. Johns
River from Fort Caroline National Memorial to the St. Augustine
National Park Monument.
(15) Bartram Trail, extending through the States of Georgia, North
Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and
Tennessee.
(16) Daniel Boone Trail, extending from the vicinity of Statesville,
North Carolina, to Fort Boonesborough State Park, Kentucky.
(17) Desert Trail, extending from the Canadian border through parts
of Idaho, Washington, Oregon, Nevada, California, and Arizona, to the
Mexican border.
(18) Dominguez-Escalante Trail, extending approximately two thousand
miles along the route of the 1776 expedition led by Father Francisco
Atanasio Dominguez and Father Silvestre Velez de Escalante, originating
in Santa Fe, New Mexico; proceeding northwest along the San Juan,
Dolores, Gunnison, and White Rivers in Colorado; thence westerly to
Utah Lake; thence southward to Arizona and returning to Santa Fe.
(19) Florida Trail, extending north from Everglades National Park,
including the Big Cypress Swamp, the Kissimme /3/ Prairie, the
Withlacoochee State Forest, Ocala National Forest, Osceola National
Forest, and Black Water River State Forest, said completed trail to be
approximately one thousand three hundred miles long, of which over four
hundred miles of trail have already been built.
(20) Indian Nations Trail, extending from the Red River in Oklahoma
approximately two hundred miles northward through the former Indian
nations to the Oklahoma-Kansas boundary line.
(21) Nez Perce Trail extending from the vicinity of Wallowa Lake,
Oregon, to Bear Paw Mountain, Montana.
(22) Pacific Northwest Trail, extending approximately one thousand
miles from the Continental Divide in Glacier National Park, Montana, to
the Pacific Ocean beach of Olympic National Park, Washington, by way of
--
(A) Flathead National Forest and Kootenai National Forest in the
State of Montana;
(B) Kaniksu National Forest in the State of Idaho; and
(C) Colville National Forest, Okanogan National Forest, Pasayten
Wilderness Area, Ross Lake National Recreation Area, North Cascades
National Park, Mount Baker, the Skagit River, Deception Pass, Whidbey
Island, Olympic National Forest, and Olympic National Park in the State
of Washington.
(23) Overmountain Victory Trail, extending from the vicinity of
Elizabethton, Tennessee, to Kings Mountain National Military Park, South
Carolina.
(24) Juan Bautista de Anza Trail, following the overland route taken
by Juan Bautista de Anza in connection with his travels from the United
Mexican States to San Francisco, California.
(25) Trail of Tears, including the associated forts and specifically,
Fort Mitchell, Alabama, and historic properties, extending from the
vicinity of Murphy, North Carolina, through Georgia, Alabama, Tennessee,
Kentucky, Illinois, Missouri, and Arkansas, to the vicinity of
Tahlequah, Oklahoma.
(26) Illinois Trail, extending from the Lewis and Clark Trail at Wood
River, Illinois, to the Chicago Portage National Historic Site,
generally following the Illinois River and the Illinois and Michigan
Canal.
(27) Jedediah Smith Trail, to include the routes of the explorations
led by Jedediah Smith --
(A) during the period 1826-1827, extending from the Idaho-Wyoming
border, through the Great Salt Lake, Sevier, Virgin, and Colorado River
Valleys, and the Mojave Desert, to the San Gabriel Mission, California;
thence through the Tehachapi Mountains, San Joaquin and Stanislaus River
Valleys, Ebbetts Pass, Walker River Valley, Bald Mount, Mount Grafton,
and Great Salt Lake to Bear Lake, Utah; and
(B) during 1828, extending from the Sacramento and Trinity River
Valleys along the Pacific coastline, through the Smith and Willamette
River Valleys to the Fort Vancouver National Historic Site, Washington,
on the Columbia River.
(28) General Crook Trail, extending from Prescott, Arizona, across
the Mogollon Rim to Fort Apache.
(29) Beale Wagon Road, within the Kaibab and Coconino National
Forests in Arizona: Provided, That such study may be prepared in
conjunction with ongoing planning processes for these National Forests
to be completed before 1990.
(30) Pony Express Trail, extending from Saint Joseph, Missouri,
through Kansas, Nebraska, Colorado, Wyoming, Utah, Nevada, to
Sacramento, California, as indicated on a map labeled ''Potential Pony
Express Trail'', dated October 1983 and the California Trail, extending
from the vicinity of Omaha, Nebraska, and Saint Joseph, Missouri, to
various points in California, as indicated on a map labeled ''Potential
California Trail'' and dated August 1, 1983. Notwithstanding subsection
(b) of this section, the study under this paragraph shall be completed
and submitted to the Congress no later than the end of two complete
fiscal years beginning after August 28, 1984. Such study shall be
separated into two portions, one relating to the Pony Express Trail and
one relating to the California Trail.
(31) De Soto Trail, the approximate route taken by the expedition of
the Spanish explorer Hernado de Soto in 1539, extending through portions
of the States of Florida, Georgia, South Carolina, North Carolina,
Tennessee, Alabama, Mississippi, to the area of Little Rock, Arkansas,
on to Texas and Louisiana, and any other States which may have been
crossed by the expedition. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section, except that
it shall be completed and submitted to the Congress with recommendations
as to the trail's suitability for designation not later than one
calendar year after December 11, 1987.
(32) Coronado Trail, the approximate route taken by the expedition of
the Spanish explorer Francisco Vasquez de Coronado between 1540 and
1542, extending through portions of the States of Arizona, New Mexico,
Texas, Oklahoma, and Kansas. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section. In
conducting the study under this paragraph, the Secretary shall provide
for (A) the review of all original Spanish documentation on the Coronado
Trail, (B) the continuing search for new primary documentation on the
trail, and (C) the examination of all information on the archeological
sites along the trail.
(33) The route from Selma to Montgomery, Alabama traveled by people
in a march dramatizing the need for voting rights legislation, in March
1965, includes Sylvan South Street, Water Avenue, the Edmund Pettus
Bridge, and Highway 80. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section, except that
it shall be completed and submitted to the Congress with recommendations
as to the trail's suitability for designation not later than 1 year
after July 3, 1990.
(34) American Discovery Trail, extending from Pt. Reyes, California,
across the United States through Nevada, Utah, Colorado, Kansas,
Nebraska, Missouri, Iowa, Illinois, Indiana, Ohio, West Virginia,
Maryland, and the District of Columbia, to Cape Henlopen State Park,
Delaware; to include in the central United States a northern route
through Colorado, Nebraska, Iowa, Illinois, and Indiana and a southern
route through Colorado, Kansas, Missouri, Illinois, and Indiana.
(35) Ala Kahakai Trail in the State of Hawaii, an ancient Hawaiian
trail on the Island of Hawaii extending from the northern tip of the
Island of Hawaii approximately 175 miles along the western and southern
coasts to the northern boundary of Hawaii Volcanoes National Park.
(d) Trail advisory councils; establishment and termination; term
and compensation; membership; chairman
The Secretary charged with the administration of each respective
trail shall, within one year of the date of the addition of any national
scenic or national historic trail to the System, and within sixty days
of November 10, 1978, for the Appalachian and Pacific Crest National
Scenic Trails, establish an advisory council for each such trail, each
of which councils shall expire ten years from the date of its
establishment. establishment, /4/ except that the Advisory Council
established for the Iditarod Historic Trail shall expire twenty years
from the date of its establishment. If the appropriate Secretary is
unable to establish such an advisory council because of the lack of
adequate public interest, the Secretary shall so advise the appropriate
committees of the Congress. The appropriate Secretary shall consult
with such council from time to time with respect to matters relating to
the trail, including the selection of rights-of-way, standards for the
erection and maintenance of markers along the trail, and the
administration of the trail. The members of each advisory council,
which shall not exceed thirty-five in number, shall serve for a term of
two years and without compensation as such, but the Secretary may pay,
upon vouchers signed by the chairman of the council, the expenses
reasonably incurred by the council and its members in carrying out their
responsibilities under this section. Members of each council shall be
appointed by the appropriate Secretary as follows:
(1) the head of each Federal department or independent agency
administering lands through which the trail route passes, or his
designee;
(2) a member appointed to represent each State through which the
trail passes, and such appointments shall be made from recommendations
of the Governors of such States;
(3) one or more members appointed to represent private organizations,
including corporate and individual landowners and land users, which in
the opinion of the Secretary, have an established and recognized
interest in the trail, and such appointments shall be made from
recommendations of the heads of such organizations: Provided, That the
Appalachian Trail Conference shall be represented by a sufficient number
of persons to represent the various sections of the country through
which the Appalachian Trail passes; and
(4) the Secretary shall designate one member to be chairman and shall
fill vacancies in the same manner as the original appointment.
(e) Comprehensive national scenic trail plan; consultation;
submission to Congressional committees
Within two complete fiscal years of the date of enactment of
legislation designating a national scenic trail, except for the
Continental Divide National Scenic Trail and the North Country National
Scenic Trail, as part of the system, and within two complete fiscal
years of November 10, 1978, for the Pacific Crest and Appalachian
Trails, the responsible Secretary shall, after full consultation with
affected Federal land managing agencies, the Governors of the affected
States, the relevant advisory council established pursuant to subsection
(d) of this section, and the Appalachian Trail Conference in the case of
the Appalachian Trail, submit to the Committee on Interior and Insular
Affairs of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate, a comprehensive plan for the
acquisition, management, development, and use of the trail, including
but not limited to, the following items:
(1) specific objectives and practices to be observed in the
management of the trail, including the identification of all significant
natural, historical, and cultural resources to be preserved (along with
high potential historic sites and high potential route segments in the
case of national historic trails), details of anticipated cooperative
agreements to be consummated with other entities, and an identified
carrying capacity of the trail and a plan for its implementation;
(2) an acquisition or protection plan, by fiscal year, for all lands
to be acquired by fee title or lesser interest, along with detailed
explanation of anticipated necessary cooperative agreements for any
lands not to be acquired; and
(3) general and site-specific development plans including anticipated
costs.
(f) Comprehensive national historic trail plan; consultation;
submission to Congressional committees
Within two complete fiscal years of the date of enactment of
legislation designating a national historic trail or the Continental
Divide National Scenic Trail or the North Country National Scenic Trail
as part of the system, the responsible Secretary shall, after full
consultation with affected Federal land managing agencies, the Governors
of the affected States, and the relevant Advisory Council established
pursuant to subsection (d) of this section, submit to the Committee on
Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, a comprehensive
plan for the management, and use of the trail, including but not limited
to, the following items:
(1) specific objectives and practices to be observed in the
management of the trail, including the identification of all significant
natural, historical, and cultural resources to be preserved, details of
any anticipated cooperative agreements to be consummated with State and
local government agencies or private interests, and for national scenic
or national historic trails an identified carrying capacity of the trail
and a plan for its implementation;
(2) the process to be followed by the appropriate Secretary to
implement the marking requirements established in section 1246(c) of
this title;
(3) a protection plan for any high potential historic sites or high
potential route segments; and
(4) general and site-specific development plans, including
anticipated costs.
(Pub. L. 90-543, 5, Oct. 2, 1968, 82 Stat. 920; Pub. L. 94-527,
Oct. 17, 1976, 90 Stat. 2481; Pub. L. 95-248, 1(1), (2), Mar. 21,
1978, 92 Stat. 159; Pub. L. 95-625, title V, 551 (7)-(15), Nov. 10,
1978, 92 Stat. 3512-3515; Pub. L. 96-87, title IV, 401(m)(1), Oct.
12, 1979, 93 Stat. 666; Pub. L. 96-199, title I, 101(b)(1)-(3), Mar.
5, 1980, 94 Stat. 67, 68; Pub. L. 96-344, 14, Sept. 8, 1980, 94 Stat.
1136; Pub. L. 96-370, 1(a), Oct. 3, 1980, 94 Stat. 1360; Pub. L.
98-11, title II, 205, Mar. 28, 1983, 97 Stat. 43; Pub. L. 98-405, 1,
Aug. 28, 1984, 98 Stat. 1483; Pub. L. 99-445, 1, Oct. 6, 1986, 100
Stat. 1122; Pub. L. 100-35, 1(a), May 8, 1987, 101 Stat. 302; Pub. L.
100-187, 3, Dec. 11, 1987, 101 Stat. 1287; Pub. L. 100-192, 1, Dec.
16, 1987, 101 Stat. 1309; Pub. L. 100-470, 4, Oct. 4, 1988, 102 Stat.
2283; Pub. L. 100-559, title II, 203, Oct. 28, 1988, 102 Stat. 2797;
Pub. L. 101-321, 3, July 3, 1990, 104 Stat. 293; Pub. L. 101-365,
2(a), Aug. 15, 1990, 104 Stat. 429; Pub. L. 102-328, 1, Aug. 3, 1992,
106 Stat. 845; Pub. L. 102-461, Oct. 23, 1992, 106 Stat. 2273.)
The Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461),
referred to in subsec. (b)(3), which is also known as the Historic
Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch. 593,
49 Stat. 666, as amended, which is classified to sections 461 to 467 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title and Tables.
1992 -- Subsec. (a). Pub. L. 102-328 added unnumbered pars.
relating to California National Historic Trail and Pony Express National
Historic Trail.
Subsec. (c)(34), (35). Pub. L. 102-461 added pars. (34) and (35).
1990 -- Subsec. (a)(17). Pub. L. 101-365 added par. (17).
Subsec. (c)(33). Pub. L. 101-321 added par. (33).
1988 -- Subsec. (c)(32). Pub. L. 100-559 added par. (32).
Subsec. (d). Pub. L. 100-470 inserted ''establishment, except that
the Advisory Council established for the Iditarod Historic Trail shall
expire twenty years from the date of its establishment.'' after ''its
establishment.'' at end of first sentence.
1987 -- Subsec. (a)(15). Pub. L. 100-35 added par. (15).
Subsec. (a)(16). Pub. L. 100-192 added par. (16).
Subsec. (c)(31). Pub. L. 100-187 added par. (31).
1986 -- Subsec. (a)(14). Pub. L. 99-445 added par. (14).
1984 -- Subsec. (c)(30). Pub. L. 98-405 added par. (30).
1983 -- Subsec. (a)(11) to (13). Pub. L. 98-11, 205(a), added
pars. (11) to (13).
Subsec. (b). Pub. L. 98-11, 205(b)(1), inserted sentence in
provisions preceding par. (1) requiring that the feasibility of
designating a trail be determined on the basis of an evaluation of
whether or not it is physically possible to develop a trail along a
route being studied, and whether the development of a trail would be
financially feasible.
Subsec. (b)(3). Pub. L. 98-11, 205(b)(2), substituted ''16 U.S.C.
461'' for ''U.S.C. 461''.
Subsec. (b)(11)(B). Pub. L. 98-11, 205(b)(3), inserted
''exploration,'' after ''commerce,'' in first sentence.
Subsec. (c)(9). Pub. L. 98-11, 205(c)(1), substituted ''Santa Fe,
New Mexico'' for ''Sante Fe, New Mexico''.
Subsec. (c)(24) to (29). Pub. L. 98-11, 205(c)(2), added pars.
(24) to (29).
Subsec. (d). Pub. L. 98-11, 205(d)(1), in provisions preceding par.
(1), inserted requirement that the Secretary advise the appropriate
committees in the Congress if the Secretary is unable to establish an
advisory council because of the lack of adequate public interest.
Subsec. (d)(1) to (4). Pub. L. 98-11, 205(d)(2), redesignated pars.
(i) to (iv) as (1) to (4), respectively, and in par. (1) as so
redesignated substituted ''the head of each Federal department or
independent agency administering lands through which the trail route
passes, or his designee'' for ''a member appointed to represent each
Federal department or independent agency administering lands through
which the trail route passes, and each appointee shall be the person
designated by the head of such department or agency''.
Subsec. (f)(1). Pub. L. 98-11, 205(e)(1), (2), substituted
''national historic trails'' for ''national recreational trails''.
Subsec. (f)(3), (4). Pub. L. 98-11, 205(e)(3), added pars. (3) and
(4).
1980 -- Subsec. (a)(8). Pub. L. 96-199, 101(b)(1), added par. (8).
Subsec. (a)(9). Pub. L. 96-344 added par. (9).
Subsec. (a)(10). Pub. L. 96-370 added par. (10).
Subsecs. (e), (f). Pub. L. 96-199, 101(b)(2), (3), inserted
reference to the North Country National Scenic Trail.
1979 -- Subsec. (c)(23). Pub. L. 96-87 substituted ''(23)'' for
''(20)'' as the number designation of the paragraph relating to the
Overmountain Victory Trail added in 1978 by section 551(13) of Pub. L.
95-625.
1978 -- Subsec. (a). Pub. L. 95-625, 551(7), substituted, in
provision preceding par. (1), ''scenic and national historic'' for
''scenic'' and ''the following National Scenic and National Historic
Trails'' for ''as the initial National Scenic Trails''.
Subsec. (a)(1). Pub. L. 95-625, 551(8), substituted ''Appalachian
National Scenic Trail'' for ''Appalachian Trail''.
Subsec. (a)(2). Pub. L. 95-625, 551(8), substituted ''Pacific Crest
National Scenic Trail'' for ''Pacific Crest Trail''.
Subsec. (a)(3). Pub. L. 95-625, 551(9), substituted provisions
establishing the Oregon National Historic Trail as a National Scenic and
National Historic Trail for provisions requiring the establishment, by
the Secretary of the Interior within 60 days after Mar. 21, 1978, of an
Advisory Council for the Appalachian National Scenic Trail, which
council was to terminate 120 months after Mar. 21, 1978.
Pub. L. 95-248, 1(1), substituted provisions requiring establishment
by the Secretary of the Interior within 60 days of Mar. 21, 1978, of an
Advisory Council for the Appalachian National Scenic Trail, which shall
terminate within 120 months of Mar. 21, 1978, and provisions relating
to functions, membership, etc., of such Council, for provisions
requiring establishment by the Secretary of the Interior of an advisory
council for the Appalachian National Scenic Trail and by the Secretary
of Agriculture of an advisory council for the Pacific Crest National
Scenic Trail, and provisions relating to functions, membership, etc., of
the councils.
Subsec. (a)(4) to (7). Pub. L. 95-625, 551(9), added pars. (4) to
(7).
Subsec. (b). Pub. L. 95-625, 551(10), substituted in provision
preceding par. (1) ''National scenic or national historic'' for
''national scenic'', inserted ''through the agency most likely to
administer such trail,'' after ''Secretary of the Interior,'', struck
out third sentence ''When completed, such studies shall be the basis of
appropriate proposals for additional national scenic trails which shall
be submitted from time to time to the President and to the Congress.'';
and substituted ''The studies listed in subsection (c) of this section
shall be completed and submitted to the Congress, with recommendations
as to the suitability of trail designation, not later than three
complete fiscal years from the date of enactment of their addition to
this subsection, or from November 10, 1978, whichever is later. Such
studies, when submitted, shall be printed as a House or Senate document,
and shall include, but not be limited to:'' for ''Such proposals shall
be accompanied by a report, which shall be printed as a House or Senate
document, showing among other things -- ''.
Subsec. (b)(3). Pub. L. 95-625, 551(10), (11), substituted ''scenic
or national historic'' for ''scenic'' and required in the case of
national historic trails the report to include the recommendation of the
Secretary of the Interior's National Park System Advisory Board as to
the national historical significance based on the criteria developed
under the Historic Sites Act of 1935.
Subsec. (b)(10), (11). Pub. L. 95-625, 551(12), added pars. (10)
and (11).
Subsec. (c)(23). Pub. L. 95-625, 551(13), added par. (23). See 1979
Amendment note above.
Subsec. (d). Pub. L. 95-625, 551(14), added subsec. (d) and
repealed former subsec. (d) provisions for comprehensive plan for the
management, acquisition, development, and use of the Appalachian Trail,
submission to Congressional committees, and scope of plan, now covered
in subsec. (e) of this section.
Pub. L. 95-248, 1(2), added subsec. (d).
Subsecs. (e), (f). Pub. L. 95-625, 551(15), added subsecs. (e) and
(f).
1976 -- Subsec. (c)(15) to (22). Pub. L. 94-527 added pars. (15)
to (22).
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.
Advisory councils 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 council established by the President or an
officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a council established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
Study for Inclusion in Pony Express National Historic
Trail
Section 2 of Pub. L. 102-328 provided that: ''The Secretary of the
Interior (hereinafter referred to as the Secretary) shall undertake a
study of the land and water route used to carry mail from Sacramento to
San Francisco, California, to determine the feasibility and suitability
of designation of such route as a component of the Pony Express National
Historic Trail designated by section 1 of this Act (amending this
section). Upon completion of the study, if the Secretary determines
such route is a feasible and suitable addition to the Pony Express
National Historic Trail, the Secretary shall designate the route as a
component of the Pony Express National Historic Trail. The Secretary
shall publish notice of such designation in the Federal Register and
shall submit the study along with his findings to the Committee on
Interior and Insular Affairs (now Committee on Natural Resources) of the
United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate.''
Pub. L. 101-607, Nov. 16, 1990, 104 Stat. 3105, established for 4
years in the Department of the Interior the De Soto Expedition Trail
Commission, the purpose of which is to encourage and direct research,
and to coordinate the distribution of interpretive materials to the
public, regarding the De Soto expedition, the native societies the
expedition encountered, and the effects of that contact, provided for
the functions, staff, and powers of the Commission, and authorized
research, technical assistance, and appropriations.
Pub. L. 101-191, Nov. 29, 1989, 103 Stat. 1697, authorized the
Secretary of the Interior to provide for development of a trails
interpretation center in the city of Council Bluffs, Iowa, set forth
provisions relating to Congressional findings and purposes, plan and
design of the center and implementation thereof, agreement for operation
and maintenance of the center, cooperative agreements for technical
assistance, and extinguishment of any restrictions, covenants,
reversions, limitations, or any other conditions imposed by the Economic
Development Administration upon acceptance of the donated land by the
Secretary, and authorized appropriations of not more than $8,400,000 to
carry out the Act.
Pub. L. 100-698, title II, 201-203, Nov. 19, 1988, 102 Stat.
4622, authorized the Secretary of the Interior to designate, and
authorized appropriations for, a vehicular tour route to provide for
public appreciation, education, understanding, and enjoyment of certain
nationally and regionally significant sites in southwestern
Pennsylvania.
Pub. L. 100-552, 1-4, Oct. 28, 1988, 102 Stat. 2766, 2768,
authorized Secretary of Agriculture to establish the Lewis and Clark
National Historic Trail Interpretive Center on certain lands in Montana,
required the Secretary to administer the Center and to prepare a plan
for development and interpretation of the Center, authorized the
Secretary to accept donations, enter into cooperative agreements for
various services such as rescue, firefighting, law enforcement, and
development and operation of facilities, authorized the Secretary to
enter into agreements to provide educational and interpretive materials
to the public, and authorized appropriations to carry out the Act and
for construction of the Center and associated structures and
improvements.
Pub. L. 100-515, Oct. 20, 1988, 102 Stat. 2563, authorized the
Secretary of the Interior, acting through the Director of the National
Park Service, with the concurrence of the agency having jurisdiction
over such roads, to designate a vehicular tour route along existing
public roads linking certain nationally significant natural and cultural
sites associated with the coastal area of the State of New Jersey, to be
known as the New Jersey Coastal Heritage Trail Route; provided for the
location and additional segments of the Route; required the Secretary
of the Interior to prepare a comprehensive inventory of sites along the
Route and a general plan; provided for informational material for
public appreciation of sites along the Route; provided that the Route
be marked with appropriate markers; and authorized appropriations to
carry out the Act.
Pub. L. 99-500, 101(h) (title I, 113), Oct. 18, 1986, 100 Stat.
1783-242, 1783-262, and Pub. L. 99-591, 101(h) (title I, 113), Oct.
30, 1986, 100 Stat. 3341-242, 3341-262, provided that: ''The Secretary
of the Interior is directed to designate the Laurel Highlands National
Recreational Trail, as designated by the Secretary of the Interior
pursuant to section 4 of the National Trails System Act (16 U.S.C.
1243), as part of the Potomac Heritage Trail, as requested by the State
of Pennsylvania in its April 1984 application, subject to the provisions
of paragraph (11) of section 5(a) of the National Trails System Act, as
amended (16 U.S.C. 1244(a)(11)).''
/1/ So in original. Probably should be ''sections''.
/2/ So in original. Paragraph enacted without identifying number.
/3/ So in original. Probably should be ''Kissimmee''.
/4/ So in original. The words ''its establishment. establishment,''
probably should be ''its establishment,''.
16 USC 1245. Connecting or side trails; establishment, designation,
and marking as components of national trails system; location
TITLE 16 -- CONSERVATION
Connecting or side trails within park, forest, and other recreation
areas administered by the Secretary of the Interior or Secretary of
Agriculture may be established, designated, and marked by the
appropriate Secretary as components of a national recreation, national
scenic or national historic trail. When no Federal land acquisition is
involved, connecting or side trails may be located across lands
administered by interstate, State, or local governmental agencies with
their consent, or, where the appropriate Secretary deems necessary or
desirable, on privately owned lands with the consent of the landowner.
Applications for approval and designation of connecting and side trails
on non-Federal lands shall be submitted to the appropriate Secretary.
(Pub. L. 90-543, 6, Oct. 2, 1968, 82 Stat. 922; Pub. L. 95-625,
title V, 551(16), Nov. 10, 1978, 92 Stat. 3515; Pub. L. 98-11, title
II, 206, Mar. 28, 1983, 97 Stat. 45.)
1983 -- Pub. L. 98-11 substituted ''marked by the appropriate
Secretary as components'' for ''marked as components'' and '', or, where
the appropriate Secretary deems necessary or desirable, on privately
owned lands with the consent of the landowner. Applications for
approval and designation of connecting and side trails on non-Federal
lands shall be submitted to the appropriate Secretary'' for '':
Provided, That such trails provide additional points of public access to
national recreation, national scenic or national historic trails''.
1978 -- Pub. L. 95-625 substituted '', national scenic or national
historic'' for ''or national scenic,'' and '', national scenic, or
national historic'' for ''or scenic''.
16 USC 1246. Administration and development of national trails system
TITLE 16 -- CONSERVATION
(a) Consultation of Secretary with other agencies; transfer of
management responsibilities; selection of rights-of-way; criteria for
selection; notice; impact upon established uses
(1)(A) The Secretary charged with the overall administration of a
trail pursuant to section 1244(a) of this title shall, in administering
and managing the trail, consult with the heads of all other affected
State and Federal agencies. Nothing contained in this chapter shall be
deemed to transfer among Federal agencies any management
responsibilities established under any other law for federally
administered lands which are components of the National Trails System.
Any transfer of management responsibilities may be carried out between
the Secretary of the Interior and the Secretary of Agriculture only as
provided under subparagraph (B).
(B) The Secretary charged with the overall administration of any
trail pursuant to section 1244(a) of this title may transfer management
of any specified trail segment of such trail to the other appropriate
Secretary pursuant to a joint memorandum of agreement containing such
terms and conditions as the Secretaries consider most appropriate to
accomplish the purposes of this chapter. During any period in which
management responsibilities for any trail segment are transferred under
such an agreement, the management of any such segment shall be subject
to the laws, rules, and regulations of the Secretary provided with the
management authority under the agreement, except to such extent as the
agreement may otherwise expressly provide.
(2) Pursuant to section 1244(a) of this title, the appropriate
Secretary shall select the rights-of-way for national scenic and
national historic trails and shall publish notice of the availability of
appropriate maps or descriptions in the Federal Register: Provided,
That in selecting the rights-of-way full consideration shall be given to
minimizing the adverse effects upon the adjacent landowner or user and
his operation. Development and management of each segment of the
National Trails System shall be designed to harmonize with and
complement any established multiple-use plans for that specific area in
order to insure continued maximum benefits from the land. The location
and width of such rights-of-way across Federal lands under the
jurisdiction of another Federal agency shall be by agreement between the
head of that agency and the appropriate Secretary. In selecting
rights-of-way for trail purposes, the Secretary shall obtain the advice
and assistance of the States, local governments, private organizations,
and landowners and land users concerned.
(b) Relocation of segment of national, scenic or historic, trail
right-of-way; determination of necessity with official having
jurisdiction; necessity for Act of Congress
After publication of notice of the availability of appropriate maps
or descriptions in the Federal Register, the Secretary charged with the
administration of a national scenic or national historic trail may
relocate segments of a national scenic or national historic trail
right-of-way, with the concurrence of the head of the Federal agency
having jurisdiction over the lands involved, upon a determination that:
(i) such a relocation is necessary to preserve the purposes for which
the trail was established, or (ii) the relocation is necessary to
promote a sound land management program in accordance with established
multiple-use principles: Provided, That a substantial relocation of the
rights-of-way for such trail shall be by Act of Congress.
(c) Facilities on national, scenic or historic, trails; permissible
activities; use of motorized vehicles; trail markers; establishment
of uniform marker; placement of uniform markers; trail interpretation
sites
National scenic or national historic trails may contain campsites,
shelters, and related-public-use facilities. Other uses along the
trail, which will not substantially interfere with the nature and
purposes of the trail, may be permitted by the Secretary charged with
the administration of the trail. Reasonable efforts shall be made to
provide sufficient access opportunities to such trails and, to the
extent practicable, efforts shall be made to avoid activities
incompatible with the purposes for which such trails were established.
The use of motorized vehicles by the general public along any national
scenic trail shall be prohibited and nothing in this chapter shall be
construed as authorizing the use of motorized vehicles within the
natural and historical areas of the national park system, the national
wildlife refuge system, the national wilderness preservation system
where they are presently prohibited or on other Federal lands where
trails are designated as being closed to such use by the appropriate
Secretary: Provided, That the Secretary charged with the administration
of such trail shall establish regulations which shall authorize the use
of motorized vehicles when, in his judgment, such vehicles are necessary
to meet emergencies or to enable adjacent landowners or land users to
have reasonable access to their lands or timber rights: Provided
further, That private lands included in the national recreation,
national scenic, or national historic trails by cooperative agreement of
a landowner shall not preclude such owner from using motorized vehicles
on or across such trails or adjacent lands from time to time in
accordance with regulations to be established by the appropriate
Secretary. Where a national historic trail follows existing public
roads, developed rights-of-way or waterways, and similar features of
man's nonhistorically related development, approximating the original
location of a historic route, such segments may be marked to facilitate
retracement of the historic route, and where a national historic trail
parallels an existing public road, such road may be marked to
commemorate the historic route. Other uses along the historic trails
and the Continental Divide National Scenic Trail, which will not
substantially interfere with the nature and purposes of the trail, and
which, at the time of designation, are allowed by administrative
regulations, including the use of motorized vehicles, shall be permitted
by the Secretary charged with the administration of the trail. The
Secretary of the Interior and the Secretary of Agriculture, in
consultation with appropriate governmental agencies and public and
private organizations, shall establish a uniform marker, including
thereon an appropriate and distinctive symbol for each national
recreation, national scenic, and national historic trail. Where the
trails cross lands administered by Federal agencies such markers shall
be erected at appropriate points along the trails and maintained by the
Federal agency administering the trail in accordance with standards
established by the appropriate Secretary and where the trails cross
non-Federal lands, in accordance with written cooperative agreements,
the appropriate Secretary shall provide such uniform markers to
cooperating agencies and shall require such agencies to erect and
maintain them in accordance with the standards established. The
appropriate Secretary may also provide for trail interpretation sites,
which shall be located at historic sites along the route of any national
scenic or national historic trail, in order to present information to
the public about the trail, at the lowest possible cost, with emphasis
on the portion of the trail passing through the State in which the site
is located. Wherever possible, the sites shall be maintained by a State
agency under a cooperative agreement between the appropriate Secretary
and the State agency.
(d) Use and acquisition of lands within exterior boundaries of areas
included within right-of-way
Within the exterior boundaries of areas under their administration
that are included in the right-of-way selected for a national
recreation, national scenic, or national historic trail, the heads of
Federal agencies may use lands for trail purposes and may acquire lands
or interests in lands by written cooperative agreement, donation,
purchase with donated or appropriated funds or exchange.
(e) Right-of-way lands outside exterior boundaries of federally
administered areas; cooperative agreements or acquisition; failure to
agree or acquire; agreement or acquisition by Secretary concerned;
right of first refusal for original owner upon disposal
Where the lands included in a national scenic or national historic
trail right-of-way are outside of the exterior boundaries of federally
administered areas, the Secretary charged with the administration of
such trail shall encourage the States or local governments involved (1)
to enter into written cooperative agreements with landowners, private
organizations, and individuals to provide the necessary trail
right-of-way, or (2) to acquire such lands or interests therein to be
utilized as segments of the national scenic or national historic trail:
Provided, That if the State or local governments fail to enter into such
written cooperative agreements or to acquire such lands or interests
therein after notice of the selection of the right-of-way is published,
the appropriate Secretary may (i) enter into such agreements with
landowners, States, local governments, private organizations, and
individuals for the use of lands for trail purposes, or (ii) acquire
private lands or interests therein by donation, purchase with donated or
appropriated funds or exchange in accordance with the provisions of
subsection (f) of this section: Provided further, That the appropriate
Secretary may acquire lands or interests therein from local governments
or governmental corporations with the consent of such entities. The
lands involved in such rights-of-way should be acquired in fee, if other
methods of public control are not sufficient to assure their use for the
purpose for which they are acquired: Provided, That if the Secretary
charged with the administration of such trail permanently relocates the
right-of-way and disposes of all title or interest in the land, the
original owner, or his heirs or assigns, shall be offered, by notice
given at the former owner's last known address, the right of first
refusal at the fair market price.
(f) Exchange of property within the right-of-way by Secretary of the
Interior; property subject to exchange; equalization of value of
property; exchange of national forest lands by Secretary of
Agriculture; tracts lying outside trail acquisition area
(1) The Secretary of the Interior, in the exercise of his exchange
authority, may accept title to any non-Federal property within the
right-of-way and in exchange therefor he may convey to the grantor of
such property any federally owned property under his jurisdiction which
is located in the State wherein such property is located and 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 Secretary of Agriculture, in the exercise of his exchange
authority, may utilize authorities and procedures available to him in
connection with exchanges of national forest lands.
(2) In acquiring lands or interests therein for a National Scenic or
Historic Trail, the appropriate Secretary may, with consent of a
landowner, acquire whole tracts notwithstanding that parts of such
tracts may lie outside the area of trail acquisition. In furtherance of
the purposes of this chapter, lands so acquired outside the area of
trail acquisition may be exchanged for any non-Federal lands or
interests therein within the trail right-of-way, or disposed of in
accordance with such procedures or regulations as the appropriate
Secretary shall prescribe, including: (i) provisions for conveyance of
such acquired lands or interests therein at not less than fair market
value to the highest bidder, and (ii) provisions for allowing the last
owners of record a right to purchase said acquired lands or interests
therein upon payment or agreement to pay an amount equal to the highest
bid price. For lands designated for exchange or disposal, the
appropriate Secretary may convey these lands with any reservations or
covenants deemed desirable to further the purposes of this chapter. The
proceeds from any disposal shall be credited to the appropriation
bearing the costs of land acquisition for the affected trail.
(g) Condemnation proceedings to acquire private lands; limitations;
availability of funds for acquisition of lands or interests therein;
acquisition of high potential, route segments or historic sites
The appropriate Secretary may utilize condemnation proceedings
without the consent of the owner to acquire private lands or interests
therein pursuant to this section only in cases where, in his judgment,
all reasonable efforts to acquire such lands or interests therein by
negotiation have failed, and in such cases he shall acquire only such
title as, in his judgment, is reasonably necessary to provide passage
across such lands: Provided, That condemnation proceedings may not be
utilized to acquire fee title or lesser interests to more than an
average of one hundred and twenty-five acres per mile. Money
appropriated for Federal purposes from the land and water conservation
fund shall, without prejudice to appropriations from other sources, be
available to Federal departments for the acquisition of lands or
interests in lands for the purposes of this chapter. For national
historic trails, direct Federal acquisition for trail purposes shall be
limited to those areas indicated by the study report or by the
comprehensive plan as high potential route segments or high potential
historic sites. Except for designated protected components of the
trail, no land or site located along a designated national historic
trail or along the Continental Divide National Scenic Trail shall be
subject to the provisions of section 303 of title 49 unless such land or
site is deemed to be of historical significance under appropriate
historical site criteria such as those for the National Register of
Historic Places.
(h) Development and maintenance of national, scenic or historic,
trails; cooperation with States over portions located outside of
federally administered areas; cooperative agreements; participation of
volunteers; reservation of right-of-way for trails in conveyances by
Secretary of the Interior
(1) The Secretary charged with the administration of a national
recreation, national scenic, or national historic trail shall provide
for the development and maintenance of such trails within federally
administered areas and shall cooperate with and encourage the States to
operate, develop, and maintain portions of such trails which are located
outside the boundaries of federally administered areas. When deemed to
be in the public interest, such Secretary may enter written cooperative
agreements with the States or their political subdivisions, landowners,
private organizations, or individuals to operate, develop, and maintain
any portion of such a trail either within or outside a federally
administered area. Such agreements may include provisions for limited
financial assistance to encourage participation in the acquisition,
protection, operation, development, or maintenance of such trails,
provisions providing volunteer in the park or volunteer in the forest
status (in accordance with the Volunteers in the Parks Act of 1969 (16
U.S.C. 18g et seq.) and the Volunteers in the Forests Act of 1972 (16
U.S.C. 558a et seq.)) to individuals, private organizations, or
landowners participating in such activities, or provisions of both
types. The appropriate Secretary shall also initiate consultations with
affected States and their political subdivisions to encourage --
(A) the development and implementation by such entities of
appropriate measures to protect private landowners from trespass
resulting from trail use and from unreasonable personal liability and
property damage caused by trail use, and
(B) the development and implementation by such entities of provisions
for land practices, compatible with the purposes of this chapter,
for property within or adjacent to trail rights-of-way. After
consulting with States and their political subdivisions under the
preceding sentence, the Secretary may provide assistance to such
entities under appropriate cooperative agreements in the manner provided
by this subsection.
(2) Whenever the Secretary of the Interior makes any conveyance of
land under any of the public land laws, he may reserve a right-of-way
for trails to the extent he deems necessary to carry out the purposes of
this chapter.
(i) Regulations; issuance; concurrence and consultation; revision;
publication; violations; penalties; utilization of national park or
national forest authorities
The appropriate Secretary, with the concurrence of the heads of any
other Federal agencies administering lands through which a national
recreation, national scenic, or national historic trail passes, and
after consultation with the States, local governments, and organizations
concerned, may issue regulations, which may be revised from time to
time, governing the use, protection, management, development, and
administration of trails of the national trails system. In order to
maintain good conduct on and along the trails located within federally
administered areas and to provide for the proper government and
protection of such trails, the Secretary of the Interior and the
Secretary of Agriculture shall prescribe and publish such uniform
regulations as they deem necessary and any person who violates such
regulations shall be guilty of a misdemeanor, and may be punished by a
fine of not more than $500, or by imprisonment not exceeding six months,
or by both such fine and imprisonment. The Secretary responsible for
the administration of any segment of any component of the National
Trails System (as determined in a manner consistent with subsection
(a)(1) of this section) may also utilize authorities related to units of
the national park system or the national forest system, as the case may
be, in carrying out his administrative responsibilities for such
component.
(j) Types of trail use allowed
Potential trail uses allowed on designated components of the national
trails system may include, but are not limited to, the following:
bicycling, cross-country skiing, day hiking, equestrian activities,
jogging or similar fitness activities, trail biking, overnight and
long-distance backpacking, snowmobiling, and surface water and
underwater activities. Vehicles which may be permitted on certain
trails may include, but need not be limited to, motorcycles, bicycles,
four-wheel drive or all-terrain off-road vehicles. In addition, trail
access for handicapped individuals may be provided. The provisions of
this subsection shall not supersede any other provisions of this chapter
or other Federal laws, or any State or local laws.
(k) Donations or other conveyances of qualified real property
interests
For the conservation purpose of preserving or enhancing the
recreational, scenic, natural, or historical values of components of the
national trails system, and environs thereof as determined by the
appropriate Secretary, landowners are authorized to donate or otherwise
convey qualified real property interests to qualified organizations
consistent with section 170(h)(3) of title 26, including, but not
limited to, right-of-way, open space, scenic, or conservation easements,
without regard to any limitation on the nature of the estate or interest
otherwise transferable within the jurisdiction where the land is
located. The conveyance of any such interest in land in accordance with
this subsection shall be deemed to further a Federal conservation policy
and yield a significant public benefit for purposes of section 6 of
Public Law 96-541.
(Pub. L. 90-543, 7, Oct. 2, 1968, 82 Stat. 922; Pub. L. 95-248,
1(3), (4), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95-625, title V,
551(17)-(21), Nov. 10, 1978, 92 Stat. 3515, 3516; Pub. L. 96-87, title
IV, 401(m)(2), (3), Oct. 12, 1979, 93 Stat. 666; Pub. L. 98-11, title
II, 207, Mar. 28, 1983, 97 Stat. 45.)
The Volunteers in the Parks Act of 1969, referred to in subsec.
(h)(1), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as amended,
which is classified generally to subchapter II ( 18g et seq.) of chapter
1 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 18g of this title and Tables.
The Volunteers in the Forests Act of 1972, referred to in subsec.
(h)(1), probably means the Volunteers in the National Forests Act of
1972, Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended, which is
classified generally to section 558a et seq. of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 558a of this title and Tables.
The public land laws, referred to in subsec. (h)(2), are classified
generally to Title 43, Public Lands.
Section 6 of Public Law 96-541, referred to in subsec. (k), is
section 6 of Pub. L. 96-541, Dec. 17, 1980, 94 Stat. 3206, which
amended section 170 of Title 26, Internal Revenue Code, and enacted and
amended provisions set out as notes under section 170 of Title 26.
In subsec. (g), ''section 303 of title 49'' substituted for
''section 4(f) of the Department of Transportation Act (49 U.S.C.
1653(f))'' on authority of Pub. L. 97-449, 6(b), Jan. 12, 1983, 96
Stat. 2443, the first section of which enacted subtitle I ( 101 et
seq.) of Title 49, Transportation.
1983 -- Subsec. (a). Pub. L. 98-11, 207(a), designated existing
provisions as par. (2), added par. (1), and in par. (2) substituted
''shall publish notice of the availability of appropriate maps or
descriptions in the Federal Register'' for ''shall publish notice
thereof in the Federal Register, together with appropriate maps and
descriptions''.
Subsec. (b). Pub. L. 98-11, 207(b), inserted ''of the availability
of appropriate maps or descriptions'' after ''After publication of
notice'', and struck out ''together with appropriate maps and
descriptions,'' after ''Federal Register,''.
Subsec. (c). Pub. L. 98-11, 207(c), inserted provision that the
appropriate Secretary may also provide for trail interpretation sites,
which shall be located at historic sites along the route of any national
scenic or national historic trail, in order to present information to
the public about the trail, at the lowest possible cost, with emphasis
on the portion of the trail passing through the State in which the site
is located, and that, whenever possible, the sites be maintained by a
State agency under a cooperative agreement between the appropriate
Secretary and the State agency.
Subsec. (e). Pub. L. 98-11, 207(d), in first sentence, substituted
''subsection (f) of this section'' for ''subsection (g) of this
section'', and inserted a further proviso authorizing the appropriate
Secretary to acquire lands or interests therein from local governments
or governmental corporations with the consent of such entities.
Subsec. (f). Pub. L. 98-11, 207(e), designated existing provisions
as par. (1) and added par. (2).
Subsec. (g). Pub. L. 98-11, 207(f), substituted ''Except for
designated protected components of the trail, no land or site located''
for ''No land or site located'' in last sentence.
Subsec. (h). Pub. L. 98-11, 207(g), designated the first of two
sentences of existing provisions as par. (1) and the last sentence as
par. (2); and in par. (1), as so designated, substituted ''and
maintain any portion of such a trail either within'' for ''and maintain
any portion of a national scenic or national historic trail either
within'' and inserted third, fourth, and fifth sentences making
provision for the inclusion in written cooperative agreements provisions
for limited financial assistance to encourage participation in
acquisition, protection, operation, development, or maintenance of
trails and for volunteer in the park or volunteer in the forest status,
for the initiation of consultations with affected States and their
political subdivisions, and for the giving of assistance after
consultation under appropriate cooperative agreements.
Subsec. (i). Pub. L. 98-11, 207(h), added direction that the
Secretary responsible for the administration of any segment of any
component of the National Trails System also utilize authorities related
to units of the national park system or the national forest system in
carrying out his administrative responsibilities for such component.
Subsecs. (j), (k). Pub. L. 98-11, 207(i), added subsecs. (j) and
(k).
1979 -- Subsecs. (c), (g). Pub. L. 96-87 made technical amendments
to section 551(18) and (21) of Pub. L. 95-625 the net result of which
expanded the provisions which had been added to subsecs. (c) and (g) of
this section in 1978 by section 551(18) and (21) of Pub. L. 95-625. See
1978 Amendments note below.
1978 -- Subsec. (a). Pub. L. 95-625, 551(17), substituted
''national scenic and national historic trails'' for ''National Scenic
Trails'' in first sentence.
Subsec. (b). Pub. L. 95-625, 551(17), substituted ''scenic or
national historic'' for ''scenic'' in two places.
Subsec. (c). Pub. L. 95-625, 551(17), (18), as amended Pub. L.
96-87, 401(m)(2), substituted in first sentence ''scenic or national
historic'' for ''scenic'', in second proviso ''recreation, national
scenic, or national historic'' for ''recreation or scenic'' and in fifth
sentence ''recreation, national scenic, and national historic'' for
''recreation and scenic'', and inserted following fourth sentence
provisions relating to trail markers and provisions requiring the
Secretary to allow other uses along the historic trails and the
Continental Divide National Scenic Trail which will not substantially
interfere with the nature and purposes of the trail and which, at the
time of designation, were allowed by administrative regulation,
including the use of motor vehicles.
Subsec. (d). Pub. L. 95-625, 551(17), substituted ''recreation,
national scenic, or national historic'' for ''recreation or scenic''.
Pub. L. 95-248, 1(3), struck out proviso relating to acreage
limitation of acquisition.
Subsec. (e). Pub. L. 95-625, 551(17), (19), inserted ''or national
historic'' after ''scenic'' in two places and struck out from first
proviso ''within two years'' before ''after notice of the selection of
the right-of-way''.
Subsec. (g). Pub. L. 95-625, 551(20), (21), as amended Pub. L.
96-87, 401(m)(3), struck out second proviso '': Provided further, That
condemnation is prohibited with respect to all acquisition of lands or
interest in lands for the purposes of the Pacific Crest Trail'' after
''connecting trail right-of-way'' and inserted provisions that direct
Federal acquisition for trail purposes be limited to high potential
route segments or high potential historic sites and that no land or site
located along a designated national historic trail or along the
Continental Divide Scenic Trail be subject to the provisions of section
1653(f) of title 49 unless that land be deemed to be of historical
significance under appropriate historical site criteria such as those
for the National Register of Historic Places.
Pub. L. 95-248, 1(4), substituted ''an average of one hundred and
twenty-five acres per mile'' for ''twenty-five acres in any one mile'',
and struck out limitation on exercise of authority with respect to a
connecting trail right-of-way.
Subsec. (h). Pub. L. 95-625, 551(17), substituted ''recreation,
national scenic, or national historic'' for ''recreation or scenic'' in
first sentence, and inserted ''or national historic'' after ''scenic''
in second sentence.
Subsec. (i). Pub. L. 95-625, 551(17), substituted ''recreation,
national scenic, or national historic'' for ''recreation or scenic''.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with system activities requiring
coordination and approval under this chapter 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 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), (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 1247. State and local area recreation and historic trails
TITLE 16 -- CONSERVATION
(a) Secretary of the Interior to encourage States, political
subdivisions, and private interests; financial assistance for State and
local projects
The Secretary of the Interior is directed to encourage States to
consider, in their comprehensive statewide outdoor recreation plans and
proposals for financial assistance for State and local projects
submitted pursuant to the Land and Water Conservation Fund Act (16
U.S.C. 460l-4 et seq.), needs and opportunities for establishing park,
forest, and other recreation and historic trails on lands owned or
administered by States, and recreation and historic trails on lands in
or near urban areas. The Secretary is also directed to encourage States
to consider, in their comprehensive statewide historic preservation
plans and proposals for financial assistance for State, local, and
private projects submitted pursuant to the Act of October 15, 1966 (80
Stat. 915), as amended (16 U.S.C. 470 et seq.), needs and opportunities
for establishing historic trails. He is further directed, in accordance
with the authority contained in the Act of May 28, 1963 (77 Stat. 49)
(16 U.S.C. 460l et seq.), to encourage States, political subdivisions,
and private interests, including nonprofit organizations, to establish
such trails.
(b) Secretary of Housing and Urban Development to encourage
metropolitan and other urban areas; administrative and financial
assistance in connection with recreation and transportation planning;
administration of urban open-space program
The Secretary of Housing and Urban Development is directed, in
administering the program of comprehensive urban planning and assistance
under section 701 of the Housing Act of 1954 (40 U.S.C. 461), to
encourage the planning of recreation trails in connection with the
recreation and transportation planning for metropolitan and other urban
areas. He is further directed, in administering the urban open-space
program under title VII of the Housing Act of 1961 (42 U.S.C. 1500 et
seq.), to encourage such recreation trails.
(c) Secretary of Agriculture to encourage States, local agencies, and
private interests
The Secretary of Agriculture is directed, in accordance with
authority vested in him, to encourage States and local agencies and
private interests to establish such trails.
(d) Interim use of railroad rights-of-way
The Secretary of Transportation, the Chairman of the Interstate
Commerce Commission, and the Secretary of the Interior, in administering
the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), shall encourage State and local agencies and private
interests to establish appropriate trails using the provisions of such
programs. Consistent with the purposes of that Act, and in furtherance
of the national policy to preserve established railroad rights-of-way
for future reactivation of rail service, to protect rail transportation
corridors, and to encourage energy efficient transportation use, in the
case of interim use of any established railroad rights-of-way pursuant
to donation, transfer, lease, sale, or otherwise in a manner consistent
with this chapter, if such interim use is subject to restoration or
reconstruction for railroad purposes, such interim use shall not be
treated, for purposes of any law or rule of law, as an abandonment of
the use of such rights-of-way for railroad purposes. If a State,
political subdivision, or qualified private organization is prepared to
assume full responsibility for management of such rights-of-way and for
any legal liability arising out of such transfer or use, and for the
payment of any and all taxes that may be levied or assessed against such
rights-of-way, then the Commission shall impose such terms and
conditions as a requirement of any transfer or conveyance for interim
use in a manner consistent with this chapter, and shall not permit
abandonment or discontinuance inconsistent or disruptive of such use.
(e) Designation and marking of trails; approval of Secretary of the
Interior
Such trails may be designated and suitably marked as parts of the
nationwide system of trails by the States, their political subdivisions,
or other appropriate administering agencies with the approval of the
Secretary of the Interior.
(Pub. L. 90-543, 8, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95-625,
title V, 551(22), Nov. 10, 1978, 92 Stat. 3516; Pub. L. 98-11, title
II, 208, Mar. 28, 1983, 97 Stat. 48.)
The Land and Water Conservation Fund Act, referred to in subsec.
(a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
which is classified generally to part B ( 460l-4 et seq.) of subchapter
LXIX of chapter 1 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 460l-4 of
this title and Tables.
Act of October 15, 1966, referred to in subsec. (a), is Pub. L.
89-665, as amended, popularly known as the ''National Historic
Preservation Act'' which is classified generally to subchapter II ( 470
et seq.) of chapter 1A of this title. For complete classification of
this Act to the Code, see section 470 of this title and Tables.
Act of May 28, 1963, referred to in subsec. (a), is Pub. L. 88-29,
May 28, 1963, 77 Stat. 49, as amended, which is classified generally to
part A ( 460l et seq.) of subchapter LXIX of chapter 1 of this title.
For complete classification of this Act to the Code, see Tables.
Section 461 of title 40, referred to in subsec. (b), was repealed by
Pub. L. 97-35, title III, 313(b), Aug. 13, 1981, 95 Stat. 398.
The Housing Act of 1961, referred to in subsec. (b), is Pub. L.
87-70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the
Housing Act of 1961 was classified generally to chapter 8C ( 1500 et
seq.) of Title 42, The Public Health and Welfare, and was omitted from
the Code pursuant to section 5316 of Title 42 which terminated authority
to make grants or loans under such title VII after Jan. 1, 1975. For
complete classification of this Act to the Code, see Short Title note
set out under section 1701 of Title 12, Banks and Banking, and Tables.
The Railroad Revitalization and Regulatory Reform Act of 1976,
referred to in subsec. (d), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat.
31, as amended. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of Title 45, Railroads,
and Tables.
1983 -- Subsecs. (d), (e). Pub. L. 98-11, 208(2), added subsec.
(d) and redesignated former subsec. (d) as (e).
1978 -- Subsec. (a). Pub. L. 95-625 inserted ''and historic'' after
''establishing park, forest, and other recreation'' and ''administered
by States, and recreation'', and directed the Secretary to encourage
States to consider in their plans and proposals the needs and
opportunities for establishing historic trails.
16 USC 1248. Easements and rights-of-way
TITLE 16 -- CONSERVATION
(a) Authorization; conditions
The Secretary of the Interior or the Secretary of Agriculture as the
case may be, may grant easements and rights-of-way upon, over, under,
across, or along any component of the national trails system in
accordance with the laws applicable to the national park system and the
national forest system, respectively: Provided, That any conditions
contained in such easements and rights-of-way shall be related to the
policy and purposes of this chapter.
(b) Cooperation of Federal agencies with Secretary of the Interior
and Secretary of Agriculture
The Department of Defense, the Department of Transportation, the
Interstate Commerce Commission, the Federal Communications Commission,
the Secretary of Energy, and other Federal agencies having jurisdiction
or control over or information concerning the use, abandonment, or
disposition of roadways, utility rights-of-way, or other properties
which may be suitable for the purpose of improving or expanding the
national trails system shall cooperate with the Secretary of the
Interior and the Secretary of Agriculture in order to assure, to the
extent practicable, that any such properties having values suitable for
trail purposes may be made available for such use.
(c) Abandoned railroad grants; retention of rights
Commencing October 4, 1988, any and all right, title, interest, and
estate of the United States in all rights-of-way of the type described
in section 912 of title 43, shall remain in the United States upon the
abandonment or forfeiture of such rights-of-way, or portions thereof,
except to the extent that any such right-of-way, or portion thereof, is
embraced within a public highway no later than one year after a
determination of abandonment or forfeiture, as provided under such
section.
(d) Location, incorporation, and management
(1) All rights-of-way, or portions thereof, retained by the United
States pursuant to subsection (c) of this section which are located
within the boundaries of a conservation system unit or a National Forest
shall be added to and incorporated within such unit or National Forest
and managed in accordance with applicable provisions of law, including
this chapter.
(2) All such retained rights-of-way, or portions thereof, which are
located outside the boundaries of a conservation system unit or a
National Forest but adjacent to or contiguous with any portion of the
public lands shall be managed pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable
law, including this section.
(3) All such retained rights-of-way, or portions thereof, which are
located outside the boundaries of a conservation system unit or National
Forest which the Secretary of the Interior determines suitable for use
as a public recreational trail or other recreational purposes shall be
managed by the Secretary for such uses, as well as for such other uses
as the Secretary determines to be appropriate pursuant to applicable
laws, as long as such uses do not preclude trail use.
(e) Release and quitclaim; conditions; sale; proceeds
(1) The Secretary of the Interior is authorized where appropriate to
release and quitclaim to a unit of government or to another entity
meeting the requirements of this subsection any and all right, title,
and interest in the surface estate of any portion of any right-of-way to
the extent any such right, title, and interest was retained by the
United States pursuant to subsection (c) of this section, if such
portion is not located within the boundaries of any conservation system
unit or National Forest. Such release and quitclaim shall be made only
in response to an application therefor by a unit of State or local
government or another entity which the Secretary of the Interior
determines to be legally and financially qualified to manage the
relevant portion for public recreational purposes. Upon receipt of such
an application, the Secretary shall publish a notice concerning such
application in a newspaper of general circulation in the area where the
relevant portion is located. Such release and quitclaim shall be on the
following conditions:
(A) If such unit or entity attempts to sell, convey, or otherwise
transfer such right, title, or interest or attempts to permit the use of
any part of such portion for any purpose incompatible with its use for
public recreation, then any and all right, title, and interest released
and quitclaimed by the Secretary pursuant to this subsection shall
revert to the United States.
(B) Such unit or entity shall assume full responsibility and hold the
United States harmless for any legal liability which might arise with
respect to the transfer, possession, use, release, or quitclaim of such
right-of-way.
(C) Notwithstanding any other provision of law, the United States
shall be under no duty to inspect such portion prior to such release and
quitclaim, and shall incur no legal liability with respect to any hazard
or any unsafe condition existing on such portion at the time of such
release and quitclaim.
(2) The Secretary is authorized to sell any portion of a right-of-way
retained by the United States pursuant to subsection (c) of this section
located outside the boundaries of a conservation system unit or National
Forest if any such portion is --
(A) not adjacent to or contiguous with any portion of the public
lands; or
(B) determined by the Secretary, pursuant to the disposal criteria
established by section 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1713), to be suitable for sale.
Prior to conducting any such sale, the Secretary shall take
appropriate steps to afford a unit of State or local government or any
other entity an opportunity to seek to obtain such portion pursuant to
paragraph (1) of this subsection.
(3) All proceeds from sales of such retained rights of way shall be
deposited into the Treasury of the United States and credited to the
Land and Water Conservation Fund as provided in section 460l-5 of this
title.
(4) The Secretary of the Interior shall annually report to the
Congress the total proceeds from sales under paragraph (2) during the
preceding fiscal year. Such report shall be included in the President's
annual budget submitted to the Congress.
(f) ''Conservation system unit'' and ''public lands'' defined
As used in this section --
(1) The term ''conservation system unit'' has the same meaning given
such term in the Alaska National Interest Lands Conservation Act (Public
Law 96-487; 94 Stat. 2371 et seq.), except that such term shall also
include units outside Alaska.
(2) The term ''public lands'' has the same meaning given such term in
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.).
(Pub. L. 90-543, 9, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95-91,
title III, 301(b), Aug. 4, 1977, 91 Stat. 578; Pub. L. 100-470, 3,
Oct. 4, 1988, 102 Stat. 2281.)
The Federal Land Policy and Management Act of 1976, referred to in
subsecs. (d)(2) and (f)(2), is Pub. L. 94-579, Oct. 21, 1976, 90
Stat. 2743, as amended, which is classified principally to chapter 35 (
1701 et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
The Alaska National Interest Lands Conservation Act, referred to in
subsec. (f)(1), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.
1988 -- Subsecs. (c) to (f). Pub. L. 100-470 added subsecs. (c) to
(f).
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with system activities requiring
coordination and approval under this chapter 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 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), (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.
''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, 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 which were transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42.
Section 2 of Pub. L. 100-470 provided that: ''Congress hereby finds
that --
''(1) State and local governments have a special role to play under
the National Trails System Act (16 U.S.C. 1241 et seq.) in acquiring and
developing trails for recreation and conservation purposes.
''(2) Many miles of public land rights-of-way have been granted to
the railroads by the United States, and much of this mileage could be
suitable for trail use at such time as it may be abandoned.
''(3) The United States should retain any residual interest it may
have in such public land rights-of-way and relinquish it, where
appropriate, in favor of State and local governments or other nonprofit
entities for trail purposes.''
Section 5 of Pub. L. 100-470 provided that:
''(a) Nothing in this Act (amending this section and section 1244 of
this title and enacting provisions set out as notes under this section
and section 1241 of this title) shall be construed as authorizing the
Secretary of the Interior to use condemnation proceedings to retain or
acquire all or any portion of a right-of-way described in this Act.
''(b) Nothing in this Act shall be construed to expand or diminish
existing condemnation authorities contained in the National Trails
System Act, as amended (16 U.S.C. 1241 et seq.).''
16 USC 1249. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a)(1) There are hereby authorized to be appropriated for the
acquisition of lands or interests in lands not more than $5,000,000 for
the Appalachian National Scenic Trail and not more than $500,000 for the
Pacific Crest National Scenic Trail. From the appropriations authorized
for fiscal year 1979 and succeeding fiscal years pursuant to the Land
and Water Conservation Fund Act (78 Stat. 897), as amended (16 U.S.C.
460l-4 et seq.), not more than the following amounts may be expended for
the acquisition of lands and interests in lands authorized to be
acquired pursuant to the provisions of this chapter: for the
Appalachian National Scenic Trail, not to exceed $30,000,000 for fiscal
year 1979, $30,000,000 for fiscal year 1980, and $30,000,000 for fiscal
year 1981, except that the difference between the foregoing amounts and
the actual appropriations in any one fiscal year shall be available for
appropriation in subsequent fiscal years.
(2) It is the express intent of the Congress that the Secretary
should substantially complete the land acquisition program necessary to
insure the protection of the Appalachian Trail within three complete
fiscal years following March 21, 1978. Until the entire acquisition
program is completed, he shall transmit in writing at the close of each
fiscal year the following information to the Committee on Energy and
Natural Resources of the Senate and to the Committee on Interior and
Insular Affairs of the House of Representatives:
(A) the amount of land acquired during the fiscal year and the amount
expended therefor;
(B) the estimated amount of land remaining to be acquired; and
(C) the amount of land planned for acquisition in the ensuing fiscal
year and the estimated cost thereof.
(b) For the purposes of Public Law 95-42 (91 Stat. 211), the lands
and interests therein acquired pursuant to this section shall be deemed
to qualify for funding under the provisions of section 1, clause 2, of
said Act (16 U.S.C. 460l-7).
(c)(1) There is hereby authorized to be appropriated such sums as may
be necessary to implement the provisions of this chapter relating to the
trails designated by section 1244(a)(3), (4), (5), (6), (7), (8), (9),
and (10) of this title: Provided, That no such funds are authorized to
be appropriated prior to October 1, 1978: And provided further, That
notwithstanding any other provisions of this chapter or any other
provisions of law, no funds may be expended by Federal agencies for the
acquisition of lands or interests in lands outside the exterior
boundaries of existing Federal areas for the Continental Divide National
Scenic Trail, the North Country National Scenic Trail, The /1/ Ice Age
National Scenic Trail, the Oregon National Historic Trail, the Mormon
Pioneer National Historic Trail, the Lewis and Clark National Historic
Trail, and the Iditarod National Historic Trail, except that funds may
be expended for the acquisition of lands or interests therein for the
purpose of providing for one trail interpretation site, as described in
section 1246(c) of this title, along with such trail in each State
crossed by the trail.
(2) Except as otherwise provided in this chapter, there is authorized
to be appropriated such sums as may be necessary to implement the
provisions of this chapter relating to the trails designated by section
1244(a) of this title. Not more than $500,000 may be appropriated for
the purposes of acquisition of land and interests therein for the trail
designated by section 1244(a)(12) of this title, and not more than
$2,000,000 may be appropriated for the purposes of the development of
such trail. The administering agency for the trail shall encourage
volunteer trail groups to participate in the development of the trail.
(Pub. L. 90-543, 10, Oct. 2, 1968, 82 Stat. 926; Pub. L. 95-248,
1(5), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95-625, title V, 551(23),
Nov. 10, 1978, 92 Stat. 3517; Pub. L. 96-199, title I, 101(b)(4), Mar.
5, 1980, 94 Stat. 68; Pub. L. 96-370, 1(b), Oct. 3, 1980, 94 Stat.
1360; Pub. L. 98-11, title II, 209, Mar. 28, 1983, 97 Stat. 48; Pub.
L. 100-35, 1(b), May 8, 1987, 101 Stat. 302; Pub. L. 100-192, 2,
Dec. 16, 1987, 101 Stat. 1309; Pub. L. 101-365, 2(b), Aug. 15, 1990,
104 Stat. 429.)
The Land and Water Conservation Fund Act (78 Stat. 897), as amended,
referred to in subsec. (a)(1), probably means the Land and Water
Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat.
897, as amended, which is classified generally to part B ( 460l-4 et
seq.) of subchapter LXIX of chapter 1 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 460l-4 of this title and Tables.
Public Law 95-42 (91 Stat. 211), referred to in subsec. (b), is Pub.
L. 95-42, June 10, 1977, 91 Stat. 210, which, to the extent classified
to the Code, amended sections 460l-5, 460l-7, and 460l-9 of this title.
Section 1, clause 2 of said Act amended section 460l-7 of this title.
For complete classification of this Act to the Code, see Tables.
1990 -- Subsec. (c)(2). Pub. L. 101-365 amended first sentence
generally. Prior to amendment, first sentence read as follows: ''There
is hereby authorized to be appropriated for fiscal year 1983 and
subsequent fiscal years such sums as may be necessary to implement the
provisions of this chapter relating to the trails designated by
paragraphs (9), (10), (11), (12), (13), (15), and (16) of section
1244(a) of this title.''
1987 -- Subsec. (c)(2). Pub. L. 100-192 substituted '', (10), (11),
(12), (13), (15), and (16)'' for ''through (13) and (15)''.
Pub. L. 100-35 inserted ''and (15)'' after ''(13)''.
1983 -- Subsec. (a)(1). Pub. L. 98-11, 209(1), (2), inserted
''(a)(1)'' before ''There are hereby authorized to be appropriated'' at
beginning of undesignated opening paragraph, and substituted ''for the''
for ''(a) The'' before ''Appalachian National Scenic Trail'' at
beginning of former subsec. (a).
Subsec. (a)(2). Pub. L. 98-11, 209(3), (4), inserted ''(2)'' before
sentence beginning ''It is the express intent of the Congress'' and
substituted ''protection of the Appalachian Trail'' for ''protection of
the Trail''.
Subsec. (c). Pub. L. 98-11, 209(5), designated existing provisions
as par. (1), inserted provision that funds may be expended for the
acquisition of lands or interests therein for the purpose of providing
for one trail interpretation site, as described in section 1246(c) of
this title, and added par. (2).
1980 -- Subsec. (c). Pub. L. 96-370 substituted ''(7), (8), (9), and
(10)'' for ''(7), and (8)'' and inserted reference to the Ice Age
National Scenic Trail.
Pub. L. 96-199 inserted references to the North Country National
Scenic Trail in two places, once by its full name and once by the
designation as the trail ''designated by'' section 1244(a)(8) of this
title, substituted ''appropriated prior to October 1, 1978'' for
''appropriated prior to October 1, 1979'', and substituted ''no funds
may be expended by Federal agencies for the acquisition of lands or
interests in lands outside the exterior boundaries of existing Federal
area'' for ''no funds may be expended for the acquisition of lands or
interests in lands''.
1978 -- Pub. L. 95-248 inserted provisions relating to
determinations respecting appropriations authorized for fiscal year 1979
and succeeding fiscal years.
Subsec. (a). Pub. L. 95-625 struck out par. (1) designation,
substituted ''in subsequent fiscal years'' for ''in the subsequent
fiscal year'' and struck out par. (2) which provided for transmission
of a report to Congressional committees by the Appalachian Trail
Conference at the close of each fiscal year, until entire acquisition
program was completed, covering conduct of negotiations for acquisition
program and whether larger interests in land were being acquired than
were necessary for the purposes of this chapter.
Subsec. (c). Pub. L. 95-625 added subsec. (c).
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.
L. 98-11; Contract Authority
Section 101 of Pub. L. 98-11 provided that: ''Authorizations of
appropriations under this Act (enacting sections 1250 and 1251 of this
title, amending this section and sections 1241 to 1247 of this title,
and enacting provisions set out as a note under section 1241 of this
title) shall be effective only for the fiscal year beginning on October
1, 1983, and subsequent fiscal years. Notwithstanding any other
provision of this Act, authority to enter into contracts, and to make
payments, under this Act shall be effective only to such extent or in
such amounts as are provided in advance in appropriation Acts.''
Date; Contract Authority
Section 2 of Pub. L. 96-370 provided that: ''Authorizations of
moneys to be appropriated under this Act (amending sections 1244 and
1249 of this title) shall be effective on October 1, 1981.
Notwithstanding any other provision of this Act, authority to enter into
contracts, to incur obligations, or to make payments under this Act
shall be effective only to the extent, and in such amounts, as are
provided in advance in appropriation Acts.''
/1/ So in original. Probably should not be capitalized.
16 USC 1250. Volunteer trails assistance
TITLE 16 -- CONSERVATION
(a) Volunteer planning, development, maintenance, and management of
trails
(1) In addition to the cooperative agreement and other authorities
contained in this chapter, the Secretary of the Interior, the Secretary
of Agriculture, and the head of any Federal agency administering Federal
lands, are authorized to encourage volunteers and volunteer
organizations to plan, develop, maintain, and manage, where appropriate,
trails throughout the Nation.
(2) Wherever appropriate in furtherance of the purposes of this
chapter, the Secretaries are authorized and encouraged to utilize the
Volunteers in the Parks Act of 1969 (16 U.S.C. 18g et seq.), the
Volunteers in the Forests Act of 1972 (16 U.S.C. 558a et seq.), and
section 460l-8 of this title (relating to the development of Statewide
Comprehensive Outdoor Recreation Plans).
(b) Scope of volunteer work
Each Secretary or the head of any Federal land managing agency may
assist volunteers and volunteer organizations in planning, developing,
maintaining, and managing trails. Volunteer work may include, but need
not be limited to --
(1) planning, developing, maintaining, or managing (A) trails which
are components of the national trails system, or (B) trails which, if so
developed and maintained, could qualify for designation as components of
the national trails system; or
(2) operating programs to organize and supervise volunteer trail
building efforts with respect to the trails referred to in paragraph
(1), conducting trail-related research projects, or providing education
and training to volunteers on methods of trails planning, construction,
and maintenance.
(c) Use of Federal facilities, equipment, tools, and technical
assistance
The appropriate Secretary or the head of any Federal land managing
agency may utilize and make available Federal facilities, equipment,
tools, and technical assistance to volunteers and volunteer
organizations, subject to such limitations and restrictions as the
appropriate Secretary or the head of any Federal land managing agency
deems necessary or desirable.
(Pub. L. 90-543, 11, as added Pub. L. 98-11, title II, 210, Mar.
28, 1983, 97 Stat. 49.)
The Volunteers in the Parks Act of 1969, referred to in subsec.
(a)(2), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as amended,
which is classified generally to subchapter II ( 18g et seq.) of chapter
1 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 18g of this title and Tables.
The Volunteers in the Forests Act of 1972, referred to in subsec.
(a)(2), probably means the Volunteers in the National Forests Act of
1972, Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended, which is
classified generally to section 558a et seq. of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 558a of this title and Tables.
16 USC 1251. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter:
(1) The term ''high potential historic sites'' means those historic
sites related to the route, or sites in close proximity thereto, which
provide opportunity to interpret the historic significance of the trail
during the period of its major use. Criteria for consideration as high
potential sites include historic significance, presence of visible
historic remnants, scenic quality, and relative freedom from intrusion.
(2) The term ''high potential route segments'' means those segments
of a trail which would afford high quality recreation experience in a
portion of the route having greater than average scenic values or
affording an opportunity to vicariously share the experience of the
original users of a historic route.
(3) The term ''State'' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific
Islands, the Northern Mariana Islands, and any other territory or
possession of the United States.
(4) The term ''without expense to the United States'' means that no
funds may be expended by Federal agencies for the development of trail
related facilities or for the acquisition of lands or interests in lands
outside the exterior boundaries of Federal areas. For the purposes of
the preceding sentence, amounts made available to any State or political
subdivision under the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.) or any other provision of law shall not be
treated as an expense to the United States.
(Pub. L. 90-543, 12, as added Pub. L. 98-11, title II, 210, Mar.
28, 1983, 97 Stat. 50.)
The Land and Water Conservation Fund Act of 1965, referred to in par.
(4), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
which is classified generally to part B ( 460l-4 et seq.) of subchapter
LXIX of chapter 1 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 460l-4 of
this title and Tables.
16 USC CHAPTER 27A -- NATIONAL RECREATIONAL TRAILS FUND
TITLE 16 -- CONSERVATION
Sec.
1261. National recreational trails funding program.
(a) In general.
(b) Statement of intent.
(c) State eligibility.
(d) Allocation of moneys in Fund.
(e) Use of allocated moneys.
(f) Coordination of activities.
(g) Definitions.
1262. National Recreational Trails Advisory Committee.
(a) Establishment.
(b) Members.
(c) Chairman.
(d) Support for committee action.
(e) Terms.
(f) Duties.
(g) Annual report.
(h) Reimbursement for expenses.
(i) Report to Congress.
16 USC 1261. National recreational trails funding program
TITLE 16 -- CONSERVATION
(a) In general
The Secretary, in consultation with the Secretary of the Interior,
using amounts available in the Fund, shall administer a program
allocating moneys to the States for the purposes of providing and
maintaining recreational trails.
(b) Statement of intent
Moneys made available under this chapter are to be used on trails and
trail-related projects which have been planned and developed under the
otherwise existing laws, policies and administrative procedures within
each State, and which are identified in, or which further a specific
goal of, a trail plan included or referenced in a Statewide
Comprehensive Outdoor Recreation Plan required by the Land and Water
Conservation Fund Act (16 U.S.C. 460l-4 et seq.).
(c) State eligibility
(1) Transitional provision
Until the date that is 3 years after December 18, 1991, a State shall
be eligible to receive moneys under this chapter /1/ only if such
State's application proposes to use the moneys as provided in subsection
(e) of this section.
(2) Permanent provision
On and after the date that is three years after December 18, 1991, a
State shall be eligible to receive moneys under this chapter only if --
(A) a recreational trail advisory board on which both motorized and
nonmotorized recreational trail users are represented exists within the
State;
(B) in the case of a State that imposes a tax on nonhighway
recreational fuel, the State by law reserves a reasonable estimation of
the revenues from that tax for use in providing and maintaining
recreational trails;
(C) the Governor of the State has designated the State official or
officials who will be responsible for administering moneys received
under this chapter /1/ ; and
(D) the State's application proposes to use moneys received under
this chapter as provided in subsection (e) of this section.
(d) Allocation of moneys in Fund
(1) Administrative costs
No more than 3 percent of the expenditures made annually from the
Fund may be used to pay the cost to the Secretary for --
(A) approving applications of States for moneys under this chapter;
(B) paying expenses of the National Recreational Trails Advisory
Committee;
(C) conducting national surveys of nonhighway recreational fuel
consumption by State, for use in making determinations and estimations
pursuant to this chapter; and
(D) if any such funds remain unexpended, research on methods to
accommodate multiple trail uses and increase the compatibility of those
uses, information dissemination, technical assistance, and preparation
of a national trail plan as required by the National Trails System Act
(16 U.S.C. 1241 et al).
(2) Allocation to States
(A) Amount
Amounts in the Fund remaining after payment of the administrative
costs described in paragraph (1), shall be allocated and paid to the
States annually in the following proportions:
(i) Equal amounts
50 percent of such amounts shall be allocated equally among eligible
States.
(ii) Amounts proportionate to nonhighway recreational fuel use
50 percent of such amounts shall be allocated among eligible States
in proportion to the amount of nonhighway recreational fuel use during
the preceding year in each such State, respectively.
(B) Use of data
In determining amounts of nonhighway recreational fuel use for the
purpose of subparagraph (A)(ii), the Secretary may consider data on
off-highway vehicle registrations in each State.
(3) Limitation on obligations
The provisions of paragraphs (1) and (2) notwithstanding, the total
of all obligations for recreational trails under this section shall not
exceed --
(A) $30,000,000 for fiscal year 1992;
(B) $30,000,000 for fiscal year 1993;
(C) $30,000,000 for fiscal year 1994;
(D) $30,000,000 for fiscal year 1995;
(E) $30,000,000 for fiscal year 1996; and
(F) $30,000,000 for fiscal year 1997.
(e) Use of allocated moneys
(1) Permissible uses
A State may use moneys received under this chapter for --
(A) in an amount not exceeding 7 percent of the amount of moneys
received by the State, administrative costs of the State;
(B) in an amount not exceeding 5 percent of the amount of moneys
received by the State, operation of environmental protection and safety
education programs relating to the use of recreational trails;
(C) development of urban trail linkages near homes and workplaces;
(D) maintenance of existing recreational trails, including the
grooming and maintenance of trails across snow;
(E) restoration of areas damaged by usage of recreational trails and
back country terrain;
(F) development of trail-side and trail-head facilities that meet
goals identified by the National Recreational Trails Advisory Committee;
(G) provision of features which facilitate the access and use of
trails by persons with disabilities;
(H) acquisition of easements for trails, or for trail corridors
identified in a State trail plan;
(I) acquisition of fee simple title to property from a willing
seller, when the objective of the acquisition cannot be accomplished by
acquisition of an easement or by other means;
(J) construction of new trails on State, county, municipal, or
private lands, where a recreational need for such construction is shown;
and
(K) only as otherwise permissible, and where necessary and required
by a State Comprehensive Outdoor Recreation plan, /2/ construction of
new trails crossing Federal lands, where such construction is approved
by the administering agency of the State, and the Federal agency or
agencies charged with management of all impacted lands, such approval to
be contingent upon compliance by the Federal agency with all applicable
laws, including the National Environmental Policy Act (42 U.S.C. 4321 et
seq.), the Forest and Rangeland Renewable Resources Planning Act of
1974, as amended (16 U.S.C. 1600 et seq.), and the Federal Land Policy
and Management Act (43 U.S.C. 1701 et seq.).
(2) Use not permitted
A State may not use moneys received under this chapter for --
(A) condemnation of any kind of interest in property;
(B)(i) construction of any recreational trail on National Forest
System lands for motorized uses unless such lands --
(I) have been allocated for uses other than wilderness by an approved
Forest land and resource management plan or have been released to uses
other than wilderness by an Act of Congress, and
(II) such construction is otherwise consistent with the management
direction in such approved land and resource management plan; or
(ii) construction of any recreational trail on Bureau of Land
Management lands for motorized uses unless such lands --
(I) have been allocated for uses other than wilderness by an approved
Bureau of Land Management resource management plan or have been released
to uses other than wilderness by an Act of Congress, and
(II) such construction is otherwise consistent with the management
direction in such approved management plans; or
(C) upgrading, expanding, or otherwise facilitating motorized use or
access to trails predominantly used by non-motorized trail users and on
which, as of May 1, 1991, motorized use is either prohibited or has not
occurred.
(3) Grants
(A) In general
A State may provide moneys received under this chapter to make grants
to private individuals, organizations, city and county governments, and
other government entities as approved by the State after considering
guidance from the recreational trail advisory board satisfying the
requirements of subsection (c)(2)(A) of this section, for uses
consistent with this section.
(B) Compliance
A State that issues such grants under subparagraph (A) shall
establish measures to verify that recipients comply with the specified
conditions for the use of grant moneys.
(4) Assured access to funds
Except as provided under paragraphs (6) and (8)(B), not less than 30
percent of the moneys received annually by a State under this chapter
shall be reserved for uses relating to motorized recreation, and not
less than 30 percent of those moneys shall be reserved for uses relating
to non-motorized recreation.
(5) Diversified trail use
(A) Requirement
To the extent practicable and consistent with other requirements of
this section, a State shall expend moneys received under this chapter in
a manner that gives preference to project proposals which --
(i) provide for the greatest number of compatible recreational
purposes including, but not limited to, those described under the
definition of ''recreational trail'' in subsection (g)(5) of this
section; or
(ii) provide for innovative recreational trail corridor sharing to
accommodate motorized and non-motorized recreational trail use.
This paragraph shall remain effective until such time as a State has
allocated not less than 40 percent of moneys received under this chapter
in the aforementioned manner.
(B) Compliance
The State shall receive guidance for determining compliance with
subparagraph (A) from the recreational trail advisory board satisfying
the requirements of subsection (c)(2)(A) of this section.
(6) Small State exclusion
Any State with a total land area of less than 3,500,000 acres, and in
which nonhighway recreational fuel use accounts for less than 1 percent
of all such fuel use in the United States, shall be exempted from the
requirements of paragraph (4) of this subsection upon application to the
Secretary by the State demonstrating that it meets the conditions of
this paragraph.
(7) Continuing recreational use
At the option of each State, moneys made available pursuant to this
chapter may be treated as Land and Water Conservation Fund moneys for
the purposes of section 6(f)(3) of the Land and Water Conservation Fund
Act (16 U.S.C. 460l-8(f)(3)).
(8) Return of moneys not expended
(A) Except as provided in subparagraph (B), moneys paid to a State
that are not expended or dedicated to a specific project within 4 years
after receipt for the purposes stated in this subsection shall be
returned to the Fund and shall thereafter be reallocated under the
formula stated in subsection (d) of this section.
(B) If approved by the State recreational trail advisory board
satisfying the requirements of subsection (c)(2)(A) of this section, may
/3/ be exempted from the requirements of paragraph (4) and expended or
committed to projects for purposes otherwise stated in this subsection
for a period not to extend beyond 4 years after receipt, after which any
remaining moneys not expended or dedicated shall be returned to the Fund
and shall thereafter be reallocated under the formula stated in
subsection (d) of this section.
(f) Coordination of activities
(1) Cooperation by Federal agencies
Each agency of the United States Government that manages land on
which a State proposes to construct or maintain a recreation trail
pursuant to this chapter is encouraged to cooperate with the State and
the Secretary in planning and carrying out the activities described in
subsection (e) of this section. Nothing in this chapter diminishes or
in any way alters the land management responsibilities, plans and
policies established by such agencies pursuant to other applicable laws.
(2) Cooperation by private persons
(A) Written assurances
As a condition to making available moneys for work on recreational
trails that would affect privately owned land, a State shall obtain
written assurances that the owner of the property will cooperate with
the State and participate as necessary in the activities to be
conducted.
(B) Public access
Any use of a State's allocated moneys on private lands must be
accompanied by an easement or other legally binding agreement that
ensures public access to the recreational trail improvements funded by
those moneys.
(g) Definitions
For the purposes of this section --
(1) Eligible State
The term ''eligible State'' means a State that meets the requirements
stated in subsection (c) of this section.
(2) Fund
The term ''Fund'' means the National Recreational Trails Trust Fund
established by section 9511 of title 26.
(3) Nonhighway recreational fuel
The term ''nonhighway recreational fuel'' has the meaning stated in
section 9503(c)(6) of title 26.
(4) Secretary
The term ''Secretary'' means the Secretary of Transportation.
(5) Recreational trail
The term ''recreational trail'' means a thoroughfare or track across
land or snow, used for recreational purposes such as bicycling,
cross-country skiing, day hiking, equestrian activities, jogging or
similar fitness activities, trail biking, overnight and long-distance
backpacking, snowmobiling, aquatic or water activity and vehicular
travel by motorcycle, four-wheel drive or all-terrain off-road vehicles,
without regard to whether it is a ''National Recreation Trail''
designated under section 4 of the National Trails System Act (16 U.S.C.
1243).
(6) Motorized recreation
The term ''motorized recreation'' may not include motorized
conveyances used by persons with disabilities, such as self-propelled
wheelchairs, at the discretion of each State.
(Pub. L. 102-240, title I, 1302, Dec. 18, 1991, 105 Stat. 2064.)
The Land and Water Conservation Fund Act, referred to in subsec.
(b), probably means the Land and Water Conservation Fund Act of 1965,
Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is
classified generally to part B ( 460l-4 et seq.) of subchapter LXIX of
chapter 1 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 460l-4 of this title
and Tables.
This chapter, referred to in subsec. (c)(1), (2)(C), was in the
original ''this Act'', and was translated as reading ''this part''
meaning part B of title I of Pub. L. 102-240, which enacted this
chapter, to reflect the probable intent of Congress.
The National Trails System Act, referred to in subsec. (d)(1)(D), is
Pub. L. 90-543, Oct. 2, 1968, 82 Stat. 919, as amended, which is
classified generally to chapter 27 ( 1241 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1241 of this title and Tables.
The National Environmental Policy Act, referred to in subsec.
(e)(1)(K), probably means the National Environmental Policy Act of 1969,
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 Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (e)(1)(K), 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 Land Policy and Management Act, referred to in subsec.
(e)(1)(K), probably means the Federal Land Policy and Management Act of
1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which
is classified principally to chapter 35 ( 1701 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43 and Tables.
Section 1301 of Pub. L. 102-240 provided that: ''This part (part B
( 1301-1303) of title I of Pub. L. 102-240, enacting this chapter) may
be cited as the 'Symms National Recreational Trails Act of 1991'.''
/1/ See References in Text note below.
/2/ So in original. Probably should be capitalized.
/3/ So in original. Probably should be ''moneys paid to a State
may''.
16 USC 1262. National Recreational Trails Advisory Committee
TITLE 16 -- CONSERVATION
(a) Establishment
There is established the National Recreational Trails Advisory
Committee.
(b) Members
There shall be 11 members of the advisory committee, consisting of --
(1) 8 members appointed by the Secretary from nominations submitted
by recreational trail user organizations, one each representing the
following recreational trail uses:
(A) hiking,
(B) cross-country skiing,
(C) off-highway motorcycling,
(D) snowmobiling,
(E) horseback riding,
(F) all-terrain vehicle riding,
(G) bicycling, and
(H) four-wheel driving;
(2) an appropriate official of government with a background in
science or natural resources management, including any official of State
or local government, designated by the Secretary;
(3) 1 member appointed by the Secretary from nominations submitted by
water trail user organizations; and
(4) 1 member appointed by the Secretary from nominations submitted by
hunting and fishing enthusiast organizations.
(c) Chairman
The Chair of the advisory committee shall be the government official
referenced in subsection (b)(2) of this section, who shall serve as a
non-voting member.
(d) Support for committee action
Any action, recommendation, or policy of the advisory committee must
be supported by at least five of the members appointed under subsection
(b)(1) of this section.
(e) Terms
Members of the advisory committee appointed by the Secretary shall be
appointed for terms of three years, except that the members filling five
of the eleven positions shall be initially appointed for terms of two
years, with subsequent appointments to those positions extending for
terms of three years.
(f) Duties
The advisory committee shall meet at least twice annually to --
(1) review utilization of allocated moneys by States;
(2) establish and review criteria for trail-side and trail-head
facilities that qualify for funding under this chapter; and
(3) make recommendations to the Secretary for changes in Federal
policy to advance the purposes of this chapter.
(g) Annual report
The advisory committee shall present to the Secretary an annual
report on its activities.
(h) Reimbursement for expenses
Nongovernmental members of the advisory committee shall serve without
pay, but, to the extent funds are available pursuant to section
1261(d)(1)(B) of this title, shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred in the
performance of their duties.
(i) Report to Congress
Not later than 4 years after December 18, 1991, the Secretary shall
prepare and submit to the Committee on Environment and Public Works of
the Senate, and the Committee on Public Works and Transportation of the
House of Representatives, a study which summarizes the annual reports of
the National Recreational Trails Advisory Committee, describes the
allocation and utilization of moneys under this chapter, and contains
recommendations for changes in Federal policy to advance the purposes of
this chapter.
(Pub. L. 102-240, title I, 1303, Dec. 18, 1991, 105 Stat. 2068.)
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 CHAPTER 28 -- WILD AND SCENIC RIVERS
TITLE 16 -- CONSERVATION
Sec.
1271. Congressional declaration of policy.
1272. Congressional declaration of purpose.
1273. National wild and scenic rivers system.
(a) Composition; application; publication in Federal Register;
expense; administration of federally owned lands.
(b) Classification, designation, and administration of rivers.
1274. Component rivers and adjacent lands.
(a) Designation.
(b) Establishment of boundaries; classification.
(c) Public inspection of maps and descriptions.
(d) Comprehensive management plan for protection of river values;
review of boundaries, classifications, and plans.
1275. Additions to national wild and scenic rivers system.
(a) Reports by Secretaries of the Interior and Agriculture;
recommendations to Congress; contents of reports.
(b) Study of report by affected Federal and State officials;
recommendations and comments; transmittal to President and Congress.
(c) Publication in Federal Register.
(d) Areas comprised by boundaries; scope of study report.
1276. Rivers constituting potential additions to national wild and
scenic rivers system.
(a) Enumeration of designated rivers.
(b) Studies and reports.
(c) State participation.
(d) Continuing consideration by Federal agencies to potential
national, wild, scenic and recreational river areas.
1277. Land acquisition.
(a) Grant of authority to acquire; State and Indian lands; use of
appropriated funds; acquisition of tracts partially outside component
boundaries; disposition of lands.
(b) Curtailment of condemnation power in area 50 per centum or more
of which is owned in fee title by Federal or State government.
(c) Curtailment of condemnation power in urban areas covered by valid
and satisfactory zoning ordinances.
(d) Exchange of property.
(e) Transfer of jurisdiction over federally owned property to
appropriate Secretary.
(f) Acceptance of donated land, funds, and other property.
(g) Retained right of use and occupancy; termination; fair market
value; ''improved property'' defined.
1278. Restrictions on water resources projects.
(a) Construction projects licensed by Federal Energy Regulatory
Commission.
(b) Construction projects on rivers designated for potential addition
to system.
(c) Activities in progress affecting river of system; notice to
Secretary.
(d) Grants under Land and Water Conservation Fund Act of 1965.
1279. Withdrawal of public lands from entry, sale, or other
disposition under public land laws.
(a) Lands within authorized boundaries of components of system.
(b) Lands constituting bed or bank of river; lands within bank area.
1280. Federal mining and mineral leasing laws.
(a) Applicability to components of system.
(b) Withdrawal from appropriation of minerals in Federal river beds
or bank areas; prospecting, leases, licenses, and permits.
1281. Administration.
(a) Public use and enjoyment of components; protection of features;
management plans.
(b) Wilderness areas.
(c) Areas administered by National Park Service and Fish and Wildlife
Service.
(d) Statutory authorities relating to national forests.
(e) Cooperative agreements with State and local governments.
1282. Assistance to State and local projects.
(a) Assistance of the Secretary of the Interior.
(b) Assistance of Secretaries of the Interior, Agriculture, or other
Federal agency heads; use of Federal facilities, equipment, etc.;
conditions on permits or other authorizations.
1283. Management policies.
(a) Action of Secretaries and heads of agencies; cooperative
agreements.
(b) Existing rights, privileges, and contracts affecting Federal
lands.
(c) Water pollution.
1284. Existing State jurisdiction and responsibilities.
(a) Fish and wildlife.
(b) Compensation for water rights.
(c) Reservation of waters for other purposes or in unnecessary
quantities prohibited.
(d) State jurisdiction over included streams.
(e) Interstate compacts.
(f) Rights of access to streams.
(g) Easements and rights-of-way.
1285. Claim and allowance of charitable deduction for contribution
or gift of easement.
1285a. Lease of Federal lands.
(a) Authority of Secretary; restrictive covenants.
(b) Offer to prior owner.
1285b. Establishment of boundaries for certain component rivers in
Alaska; withdrawal of minerals.
1286. Definitions.
1287. Authorization of appropriations.
16 USC 1271. Congressional declaration of policy
TITLE 16 -- CONSERVATION
It is hereby declared to be the policy of the United States that
certain selected rivers of the Nation which, with their immediate
environments, possess outstandingly remarkable scenic, recreational,
geologic, fish and wildlife, historic, cultural, or other similar
values, shall be preserved in free-flowing condition, and that they and
their immediate environments shall be protected for the benefit and
enjoyment of present and future generations. The Congress declares that
the established national policy of dam and other construction at
appropriate sections of the rivers of the United States needs to be
complemented by a policy that would preserve other selected rivers or
sections thereof in their free-flowing condition to protect the water
quality of such rivers and to fulfill other vital national conservation
purposes.
(Pub. L. 90-542, 1(b), Oct. 2, 1968, 82 Stat. 906.)
Section consists of subsec. (b) of section 1 of Pub. L. 90-542.
Subsecs. (a) and (c) of section 1 are classified to section 1272 of this
title and as a note under this section, respectively.
Pub. L. 102-275, 1, Apr. 22, 1992, 106 Stat. 123, provided that:
''This Act (amending section 1274 of this title and enacting provisions
set out as a note under section 1274 of this title) may be cited as the
'Arkansas Wild and Scenic Rivers Act of 1992'.''
Pub. L. 102-249, 1, Mar. 3, 1992, 106 Stat. 45, provided that:
''This Act (amending sections 1274 and 1276 of this title and enacting
provisions set out as a note under section 1274 of this title) may be
cited as the 'Michigan Scenic Rivers Act of 1991'.''
Pub. L. 102-215, 1, Dec. 11, 1991, 105 Stat. 1664, provided that:
''This Act (amending section 1276 of this title) may be cited as the
'White Clay Creek Study Act'.''
Pub. L. 102-214, 1, Dec. 11, 1991, 105 Stat. 1663, provided that:
''This Act (amending section 1276 of this title) may be cited as the
'Lamprey River Study Act of 1991'.''
Pub. L. 102-50, 1, May 24, 1991, 105 Stat. 254, provided that:
''This Act (amending sections 1274 and 1276 of this title and enacting
provisions set out as notes under sections 1a-5 and 1274 of this title)
may be cited as the 'Niobrara Scenic River Designation Act of 1991'.''
Pub. L. 101-628, title VII, 701, Nov. 28, 1990, 104 Stat. 4497,
provided that: ''This title (amending section 1276 of this title) may
be cited as the 'Sudbury, Assabet, and Concord Wild and Scenic River
Study Act'.''
Pub. L. 101-628, title XIII, 1301, Nov. 28, 1990, 104 Stat. 4509,
provided that: ''This Act (probably should be ''this title'', amending
section 1274 of this title) may be cited as the 'Clarks Fork Wild and
Scenic River Designation Act of 1990'.''
Pub. L. 101-357, 1, Aug. 10, 1990, 104 Stat. 418, provided that:
''This Act (amending section 1276 of this title) may be cited as the
'Pemigewasset River Study Act of 1989'.''
Pub. L. 101-356, 1, Aug. 10, 1990, 104 Stat. 417, provided that:
''This Act (amending section 1276 of this title) may be cited as the
'Merrimack River Study Act of 1990'.''
Pub. L. 101-306, 1, June 6, 1990, 104 Stat. 260, provided that:
''This Act (amending section 1274 of this title) may be cited as the
'East Fork of the Jemez River and the Pecos River Wild and Scenic Rivers
Addition Act of 1989'.''
Pub. L. 100-557, title I, 101, Oct. 28, 1988, 102 Stat. 2782,
provided that: ''This title (amending sections 1274 and 1276 of this
title and enacting provisions set out as notes under section 1274 of
this title) may be referred to as the 'Omnibus Oregon Wild and Scenic
Rivers Act of 1988'.''
Pub. L. 100-547, 1, Oct. 28, 1988, 102 Stat. 2736, provided:
''That this Act (amending section 1274 of this title and enacting
provisions listed in a table set out under section 1132 of this title)
may be cited as the 'Sipsey Wild and Scenic River and Alabama Addition
Act of 1988'.''
Pub. L. 99-590, title II, 201, Oct. 30, 1986, 100 Stat. 3332,
provided that: ''This title (amending section 1276 of this title) may
be cited as the 'Farmington Wild and Scenic River Study Act'.''
Section 1 of Pub. L. 92-560, Oct. 25, 1972, 86 Stat. 1174,
provided: ''That this Act (amending section 1274 of this title and
enacting provisions set out as notes under that section) may be cited as
the 'Lower Saint Croix River Act of 1972'.''
Section 1(a) of Pub. L. 90-542 provided that: ''This Act (enacting
this chapter) may be cited as the 'Wild and Scenic Rivers Act'.''
16 USC 1272. Congressional declaration of purpose
TITLE 16 -- CONSERVATION
The purpose of this chapter is to implement the policy set out in
section 1271 of this title by instituting a national wild and scenic
rivers system, by designating the initial components of that system, and
by prescribing the methods by which and standards according to which
additional components may be added to the system from time to time.
(Pub. L. 90-542, 1(c), Oct. 2, 1968, 82 Stat. 906.)
Section consists of subsec. (c) of section 1 of Pub. L. 90-542.
Subsecs. (a) and (b) of section 1 are classified to section 1271 and
section 1271 note, respectively.
16 USC 1273. National wild and scenic rivers system
TITLE 16 -- CONSERVATION
(a) Composition; application; publication in Federal Register;
expense; administration of federally owned lands
The national wild and scenic rivers system shall comprise rivers (i)
that are authorized for inclusion therein by Act of Congress, or (ii)
that are designated as wild, scenic or recreational rivers by or
pursuant to an act of the legislature of the State or States through
which they flow, that are to be permanently administered as wild, scenic
or recreational rivers by an agency or political subdivision of the
State or States concerned that are found by the Secretary of the
Interior, upon application of the Governor of the State or the Governors
of the States concerned, or a person or persons thereunto duly appointed
by him or them, to meet the criteria established in this chapter and
such criteria supplementary thereto as he may prescribe, and that are
approved by him for inclusion in the system, including, upon application
of the Governor of the State concerned, the Allagash Wilderness
Waterway, Maine; that segment of the Wolf River, Wisconsin, which flows
through Langlade County; and that segment of the New River in North
Carolina extending from its confluence with Dog Creek downstream
approximately 26.5 miles to the Virginia State line. Upon receipt of an
application under clause (ii) of this subsection, the Secretary shall
notify the Federal Energy Regulatory Commission and publish such
application in the Federal Register. Each river designated under clause
(ii) shall be administered by the State or political subdivision thereof
without expense to the United States other than for administration and
management of federally owned lands. For purposes of the preceding
sentence, amounts made available to any State or political subdivision
under the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-4 et
seq.) or any other provision of law shall not be treated as an expense
to the United States. Nothing in this subsection shall be construed to
provide for the transfer to, or administration by, a State or local
authority of any federally owned lands which are within the boundaries
of any river included within the system under clause (ii).
(b) Classification, designation, and administration of rivers
A wild, scenic or recreational river area eligible to be included in
the system is a free-flowing stream and the related adjacent land area
that possesses one or more of the values referred to in section 1271 of
this title. Every wild, scenic or recreational river in its
free-flowing condition, or upon restoration to this condition, shall be
considered eligible for inclusion in the national wild and scenic rivers
system and, if included, shall be classified, designated, and
administered as one of the following:
(1) Wild river areas -- Those rivers or sections of rivers that are
free of impoundments and generally inaccessible except by trail, with
watersheds or shorelines essentially primitive and waters unpolluted.
These represent vestiges of primitive America.
(2) Scenic river areas -- Those rivers or sections of rivers that are
free of impoundments, with shorelines or watersheds still largely
primitive and shorelines largely undeveloped, but accessible in places
by roads.
(3) Recreational river areas -- Those rivers or sections of rivers
that are readily accessible by road or railroad, that may have some
development along their shorelines, and that may have undergone some
impoundment or diversion in the past.
(Pub. L. 90-542, 2, Oct. 2, 1968, 82 Stat. 906; Pub. L. 94-407,
1(1), Sept. 11, 1976, 90 Stat. 1238; Pub. L. 95-625, title VII, 761,
Nov. 10, 1978, 92 Stat. 3533.)
The Land and Water Conservation Act of 1965, referred to in subsec.
(a), probably means the Land and Water Conservation Fund Act of 1965,
Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is
classified generally to part B ( 460l-4 et seq.) of subchapter LXIX of
chapter 1 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 460l-4 of this title
and Tables.
1978 -- Subsec. (a). Pub. L. 95-625 provided for notification of the
Federal Energy Regulatory Commission and publication of any application
in the Federal Register; made it an expense of the United States for
administration and management of federally owned lands; treated amounts
available to the States under provisions of law not as an expense of the
United States; and made federally owned lands within boundaries of
State rivers free of ownership or administration of State or local
authority.
1976 -- Subsec. (a). Pub. L. 94-407 inserted provision for inclusion
of specified segment of New River in North Carolina.
16 USC 1274. Component rivers and adjacent lands
TITLE 16 -- CONSERVATION
(a) Designation
The following rivers and the land adjacent thereto are hereby
designated as components of the national wild and scenic rivers system:
(1) Clearwater, Middle Fork, Idaho -- The Middle Fork from the town
of Kooskia upstream to the town of Lowell; the Lochsa River from its
junction with the Selway at Lowell forming the Middle Fork, upstream to
the Powell Ranger Station; and the Selway River from Lowell upstream to
its origin; to be administered by the Secretary of Agriculture.
(2) Eleventh Point, Missouri -- The segment of the river extending
downstream from Thomasville to State Highway 142; to be administered by
the Secretary of Agriculture.
(3) Feather, California -- The entire Middle Fork downstream from the
confluence of its tributary streams one kilometer south of Beckwourth,
California; to be administered by the Secretary of Agriculture.
(4) Rio Grande, New Mexico -- The segment extending from the Colorado
State line downstream to the State Highway 96 crossing, and the lower
four miles of the Red River; to be administered by the Secretary of the
Interior.
(5) Rogue, Oregon -- The segment of the river extending from the
mouth of the Applegate River downstream to the Lobster Creek Bridge; to
be administered by agencies of the Departments of the Interior or
Agriculture as agreed upon by the Secretaries of said Departments or as
directed by the President.
(6) Saint Croix, Minnesota and Wisconsin -- The segment between the
the dam near Taylors Falls, Minnesota, and the dam near Gordon,
Wisconsin, and its tributary, the Namekago, from Lake Namekago
downstream to its confluence with the Saint Croix; to be administered
by the Secretary of the Interior: Provided, That except as may be
required in connection with items (a) and (b) of this paragraph, no
funds available to carry out the provisions of this chapter may be
expended for the acquisition or development of lands in connection with,
or for administration under this chapter of, that portion of the Saint
Croix River between the dam near Taylors Falls, Minnesota, and the
upstream end of Big Island in Wisconsin, until sixty days after the date
on which the Secretary has transmitted to the President of the Senate
and Speaker of the House of Representatives a proposed cooperative
agreement between the Northern States Power Company and the United
States (a) whereby the company agrees to convey to the United States,
without charge, appropriate interests in certain of its lands between
the dam near Taylors Falls, Minnesota, and the upstream end of Big
Island in Wisconsin, including the company's right, title, and interest
to approximately one hundred acres per mile, and (b) providing for the
use and development of other lands and interests in land retained by the
company between said points adjacent to the river in a manner which
shall complement and not be inconsistent with the purposes for which the
lands and interests in land donated by the company are administered
under this chapter. Said agreement may also include provision for State
or local governmental participation as authorized under subsection (e)
of section 1281 of this title. A
one-thousand-three-hundred-and-eighty-acre portion of the area commonly
known as the Velie Estate, located adjacent to the Saint Croix River in
Douglas County, Wisconsin, as depicted on the map entitled ''Boundary
Map/Velie Estate -- Saint Croix National Scenic Riverway'', dated
September 1980, and numbered 630-90,001, may be acquired by the
Secretary without regard to any acreage limitation set forth in
subsection (b) of this section or subsection (a) or (b) of section 1277
of this title.
(7) Salmon, Middle Fork, Idaho -- From its origin to its confluence
with the main Salmon River; to be administered by the Secretary of
Agriculture.
(8) Wolf, Wisconsin -- From the Langlade-Menominee County line
downstream to Keshena Falls; to be administered by the Secretary of the
Interior.
(9) Lower Saint Croix, Minnesota and Wisconsin -- The segment between
the dam near Taylors Falls and its confluence with the Mississippi
River: Provided, (i) That the upper twenty-seven miles of this river
segment shall be administered by the Secretary of the Interior; and
(ii) That the lower twenty-five miles shall be designated by the
Secretary upon his approval of an application for such designation made
by the Governors of the State of Minnesota and Wisconsin.
(10) Chattooga, North Carolina, South Carolina, Georgia -- The
Segment from 0.8 mile below Cashiers Lake in North Carolina to Tugaloo
Reservoir, and the West Fork Chattooga River from its junction with
Chattooga upstream 7.3 miles, as generally depicted on the boundary map
entitled ''Proposed Wild and Scenic Chattooga River and Corridor
Boundary'', dated August 1973; to be administered by the Secretary of
Agriculture: Provided, That the Secretary of Agriculture shall take
such action as is provided for under subsection (b) of this section
within one year from May 10, 1974: Provided further, That for the
purposes of this river, there are authorized to be appropriated not more
than $5,200,000 for the acquisition of lands and interests in lands and
not more than $809,000 for development.
(11) Rapid River, Idaho -- The segment from the headwaters of the
main stem to the national forest boundary and the segment of the West
Fork from the wilderness boundary downstream to the confluence with the
main stem, as a wild river.
(12) Snake, Idaho and Oregon -- The segment from Hells Canyon Dam
downstream to Pittsburgh Landing, as a wild river; and the segment from
Pittsburgh Landing downstream to an eastward extension of the north
boundary of section 1, township 5 north, range 47 east, Willamette
meridian, as a scenic river.
(13) Flathead, Montana -- The North Fork from the Canadian border
downstream to its confluence with the Middle Fork; the Middle Fork from
its headwaters to its confluence to the South Fork; and the South Fork
from its origin to the Hungry Horse Reservoir, as generally depicted on
the map entitled ''Proposed Flathead Wild and Scenic River Boundary
Location'' dated February 1976; to be administered by agencies of the
Departments of the Interior and Agriculture as agreed upon by the
Secretaries of such Departments or as directed by the President. Action
required to be taken under subsection (b) of this section shall be taken
within one year from October 12, 1976. For the purposes of this river,
there are authorized to be appropriated not more than $6,719,000 for the
acquisition of lands and interests in lands. No funds authorized to be
appropriated pursuant to this paragraph shall be available prior to
October 1, 1977.
(14) Missouri, Montana -- The segment from Fort Benton one hundred
and forty-nine miles downstream to Robinson Bridge, as generally
depicted on the boundary map entitled ''Missouri Breaks Freeflowing
River Proposal'', dated October 1975, to be administered by the
Secretary of the Interior. For the purposes of this river, there are
authorized to be appropriated not more than $1,800,000 for the
acquisition of lands and interests in lands. No funds authorized to be
appropriated pursuant to this paragraph shall be available prior to
October 1, 1977.
(15) Obed, Tennessee -- The segment from the western edge of the
Catoosa Wildlife Management Area to the confluence with the Emory River;
Clear Creek from the Morgan County line to the confluence with the Obed
River, Daddys Creek from the Morgan County line to the confluence with
the Obed River; and the Emory River from the confluence with the Obed
River to the Nemo bridge as generally depicted and classified on the
stream classification map dated December 1973. The Secretary of the
Interior shall take such action, with the participation of the State of
Tennessee as is provided for under subsection (b) of this section within
one year following October 12, 1976. The development plan required by
such subsection (b) shall include cooperative agreements between the
State of Tennessee acting through the Wildlife Resources Agency and the
Secretary of the Interior. Lands within the Wild and Scenic River
boundaries that are currently part of the Catoosa Wildlife Management
Area shall continue to be owned and managed by the Tennessee Wildlife
Resources Agency in such a way as to protect the wildlife resources and
primitive character of the area, and without further development of
roads, campsites, or associated recreational facilities unless deemed
necessary by that agency for wildlife management practices. The Obed
Wild and Scenic River shall be managed by the Secretary of the Interior.
For the purposes of carrying out the provisions of this chapter with
respect to this river, there are authorized to be appropriated such sums
as may be necessary, but not to exceed $2,000,000 for the acquisition of
lands or interests in lands and not to exceed $400,000 for development.
No funds authorized to be appropriated pursuant to this paragraph shall
be available prior to October 1, 1977.
(16) Pere Marquette, Michigan -- The segment downstream from the
junction of the Middle and Little South Branches to its junction with
United States Highway 31 as generally depicted on the boundary map
entitled ''Proposed Boundary Location, Pere Marquette Wild and Scenic
River,''; to be administered by the Secretary of Agriculture. After
consultation with State and local governments and the interested public,
the Secretary shall take such action as is provided for under subsection
(b) of this section with respect to the segment referred to in this
paragraph within one year from November 10, 1978. Any development or
management plan prepared pursuant to subsection (b) of this section
shall include (a) provisions for the dissemination of information to
river users and (b) such regulations relating to the recreational and
other uses of the river as may be necessary in order to protect the area
comprising such river (including lands contiguous or adjacent thereto)
from damage or destruction by reason of overuse and to protect its
scenic, historic, esthetic and scientific values. Such regulations
shall further contain procedures and means which shall be utilized in
the enforcement of such development and management plan. For the
purposes of carrying out the provisions of this chapter with respect to
the river designated by this paragraph, there are authorized to be
appropriated not more than $8,125,000 for the acquisition of lands or
interests in lands and $402,000 for development. Notwithstanding any
other provision of this chapter, the installation and operation of
facilities or other activities within or outside the boundaries of the
Pere Marquette Wild and Scenic River for the control of the lamprey eel
shall be permitted subject to such restrictions and conditions as the
Secretary of Agriculture may prescribe for the protection of water
quality and other values of the river, including the wild and scenic
characteristics of the river.
(17) Rio Grande, Texas -- The segment on the United States side of
the river from river mile 842.3 above Mariscal Canyon downstream to
river mile 651.1 at the Terrell-Val Verde County line; to be
administered by the Secretary of the Interior. The Secretary shall,
within two years after November 10, 1978, take such action with respect
to the segment referred to in this paragraph as is provided for under
subsection (b) of this section. The action required by such subsection
(b) shall be undertaken by the Secretary, after consultation with the
United States Commissioner, International Boundary and Water Commission,
United States and Mexico, and appropriate officials of the State of
Texas and its political subdivisions. The development plan required by
subsection (b) of this section shall be construed to be a general
management plan only for the United States side of the river and such
plan shall include, but not be limited to, the establishment of a
detailed boundary which shall include an average of not more than 160
acres per mile. Nothing in this chapter shall be construed to be in
conflict with --
(A) the commitments or agreements of the United States made by or in
pursuance of the treaty between the United States and Mexico regarding
the utilization of the Colorado and Tijuana Rivers and of the Rio
Grande, signed at Washington, February 1944 (59 Stat. 1219), or
(B) the treaty between the United States and Mexico regarding
maintenance of the Rio Grande and Colorado River as the international
boundary between the United States and Mexico, signed November 23, 1970.
For purposes of carrying out the provisions of this chapter with
respect to the river designated by this paragraph, there are authorized
to be appropriated such sums as may be necessary, but not more than
$1,650,000 for the acquisition of lands and interests in lands and not
more than $1,800,000 for development.
(18) Skagit, Washington -- The segment from the pipeline crossing at
Sedro-Woolley upstream to and including the mouth of Bacon Creek; the
Cascade River from its mouth to the junction of its North and South
Forks; the South Fork to the boundary of the Glacier Peak Wilderness
Area; the Suiattle River from its mouth to the boundary of the Glacier
Peak Wilderness Area at Milk Creek; the Sauk River from its mouth to
its junction with Elliott Creek; the North Fork of the Sauk River from
its junction with the South Fork of the Sauk to the boundary of the
Glacier Peak Wilderness Area; as generally depicted on the boundary map
entitled ''Skagit River -- River Area Boundary''; all segments to be
administered by the Secretary of Agriculture. Riprapping related to
natural channels with natural rock along the shorelines of the Skagit
segment to preserve and protect agricultural land shall not be
considered inconsistent with the values for which such segment is
designated. After consultation with affected Federal agencies, State
and local government and the interested public, the Secretary shall take
such action as is provided for under subsection (b) of this section with
respect to the segments referred to in this paragraph within one year
from November 10, 1978; as part of such action, the Secretary of
Agriculture shall investigate that portion of the North Fork of the
Cascade River from its confluence with the South Fork to the boundary of
the North Cascades National Park and if such portion is found to qualify
for inclusion, it shall be treated as a component of the Wild and Scenic
Rivers System designated under this section upon publication by the
Secretary of notification to that effect in the Federal Register. For
the purposes of carrying out the provisions of this chapter with respect
to the river designated by this paragraph there are authorized to be
appropriated not more than $11,734,000 for the acquisition of lands or
interest in lands and not more than $332,000 for development.
(19) Upper Delaware River, New York and Pennsylvania -- The segment
of the Upper Delaware River from the confluence of the East and West
branches below Hancock, New York, to the existing railroad bridge
immediately downstream of Cherry Island in the vicinity of Sparrow Bush,
New York, as depicted on the boundary map entitled ''The Upper Delaware
Scenic and Recreational River'', dated April 1978; to be administered
by the Secretary of the Interior. Subsection (b) of this section shall
not apply, and the boundaries and classifications of the river shall be
as specified on the map referred to in the preceding sentence, except to
the extent that such boundaries or classifications are modified pursuant
to section 704(c) of the National Parks and Recreation Act of 1978.
Such boundaries and classifications shall be published in the Federal
Register and shall not become effective until ninety days after they
have been forwarded to the Committee on Interior and Insular Affairs of
the United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate. For purposes of
carrying out the provisions of this chapter with respect to the river
designated by this paragraph there are authorized to be appropriated
such sums as may be necessary.
(20) Delaware, New York, Pennsylvania, and New Jersey -- The segment
from the point where the river crosses the northern boundary of the
Delaware Water Gap National Recreation Area to the point where the river
crosses the southern boundary of such recreation area; to be
administered by the Secretary of the Interior. For purposes of carrying
out this chapter with respect to the river designated by this paragraph,
there are authorized to be appropriated such sums as may be necessary.
Action required to be taken under subsection (b) of this section with
respect to such segment shall be taken within one year from November 10,
1978, except that, with respect to such segment, in lieu of the
boundaries provided for in such subsection (b), the boundaries shall be
the banks of the river. Any visitors facilities established for
purposes of use and enjoyment of the river under the authority of the
Act establishing the Delaware Water Gap National Recreation Area (16
U.S.C. 460o et seq.) shall be compatible with the purposes of this
chapter and shall be located at an appropriate distance from the river.
(21) American, California -- The North Fork from a point 0.3 mile
above Heath Springs downstream to a point approximately 1,000 feet
upstream of the Colfax-Iowa Hill Bridge, including the Gold Run Addition
Area, as generally depicted on the map entitled ''Proposed Boundary
Maps'' contained in Appendix I of the document dated January 1978 and
entitled ''A Proposal: North Fork American Wild and Scenic River''
published by the United States Forest Service, Department of
Agriculture; to be designated as a wild river and to be administered by
agencies of the Departments of Interior and Agriculture as agreed upon
by the Secretaries of such Departments or as directed by the President.
Action required to be taken under subsection (b) shall be taken within
one year after November 10, 1978; in applying such subsection (b) in
the case of the Gold Run Addition Area, the acreage limitation specified
therein shall not apply and in applying section 1277(g)(3) of this
title, January 1, 1977 shall be substituted for January 1, 1967. For
purposes of carrying out the provisions of this chapter with respect to
the river designated by this paragraph, there are authorized to be
appropriated not more than $850,000 for the acquisition of lands and
interests in land and not more than $765,000 for development.
(22) Missouri River, Nebraska, South Dakota -- The segment from
Gavins Point Dam, South Dakota, fifty-nine miles downstream to Ponca
State Park, Nebraska, as generally depicted in the document entitled
''Review Report for Water Resources Development, South Dakota, Nebraska,
North Dakota, Montana'', prepared by the Division Engineer, Missouri
River Division, Corps of Engineers, dated August 1977 (hereinafter in
this paragraph referred to as the ''August 1977 Report''). Such segment
shall be administered as a recreational river by the Secretary. The
Secretary shall enter into a written cooperative agreement with the
Secretary of the Army (acting through the Chief of Engineers) for
construction and maintenance of bank stabilization work and appropriate
recreational development. After public notice and consultation with the
State and local governments, other interested organizations and
associations, and the interested public, the Secretary shall take such
action as is required pursuant to subsection (b) of this section within
one year from November 10, 1978. In administering such river, the
Secretary shall, to the extent, and in a manner, consistent with this
section --
(A) provide (i) for the construction by the United States of such
recreation river features and streambank stabilization structures as the
Secretary of the Army (acting through the Chief of Engineers) deems
necessary and advisable in connection with the segment designated by
this paragraph, and (ii) for the operation and maintenance of all
streambank stabilization structures constructed in connection with such
segment (including both structures constructed before November 10, 1978,
and structures constructed after such date, and including both
structures constructed under the authority of this section and
structures constructed under the authority of any other Act); and
(B) permit access for such pumping and associated pipelines as may be
necessary to assure an adequate supply of water for owners of land
adjacent to such segment and for fish, wildlife, and recreational uses
outside the river corridor established pursuant to this paragraph.
The streambank structures to be constructed and maintained under
subparagraph (A) shall include, but not be limited to, structures at
such sites as are specified with respect to such segment on pages 62 and
63 of the August 1977 Report, except that sites for such structures may
be relocated to the extent deemed necessary by the Secretary of the Army
(acting through the Chief of Engineers) by reason of physical changes in
the river or river area. The Secretary of the Army (acting through the
Chief of Engineers) shall condition the construction or maintenance of
any streambank stabilization structure or of any recreational river
feature at any site under subparagraph (A)(i) upon the availability to
the United States of such land and interests in land in such ownership
as he deems necessary to carry out such construction or maintenance and
to protect and enhance the river in accordance with the purposes of this
chapter. Administration of the river segment designated by this
paragraph shall be in coordination with, and pursuant to the advice of a
Recreational River Advisory Group which shall be established by the
Secretary. Such Group may include in its membership, representatives of
the affected States and political subdivisions thereof, affected Federal
agencies, and such organized private groups as the Secretary deems
desirable. Notwithstanding the authority to the contrary contained in
section 1277(a) of this title, no land or interests in land may be
acquired without the consent of the owner: Provided, That not to exceed
5 per centum of the acreage within the designated river boundaries may
be acquired in less than fee title without the consent of the owner, in
such instance of the Secretary's determination that activities are
occurring, or threatening to occur thereon which constitute serious
damage or threat to the integrity of the river corridor, in accordance
with the values for which this river was designated. For purposes of
carrying out the provisions of this chapter with respect to the river
designated by this paragraph, there are authorized to be appropriated
not to exceed $21,000,000, for acquisition of lands and interests in
lands and for development.
(23) Saint Joe, Idaho -- The segment above the confluence of the
North Fork of the Saint Joe River to Spruce Tree Campground, as a
recreational river; the segment above Spruce Tree Campground to Saint
Joe Lake, as a wild river, as generally depicted on the map entitled
''Saint Joe River Corridor Map'' on file with the Chief of the Forest
Service and dated September 1978; to be administered by the Secretary
of Agriculture. Notwithstanding any other provision of law, the
classification of the Saint Joe River under this paragraph and the
subsequent development plan for the river prepared by the Secretary of
Agriculture shall at no time interfere with or restrict the maintenance,
use, or access to existing or future roads within the adjacent lands nor
interfere with or restrict present use of or future construction of
bridges across that portion of the Saint Joe designated as a
''recreational river'' under this paragraph. Dredge or placer mining
shall be prohibited within the banks or beds of the main stem of the
Saint Joe and its tributary streams in their entirety above the
confluence of the main stem with the North Fork of the river. Nothing
in this chapter shall be deemed to prohibit the removal of sand and
gravel above the high water mark of the Saint Joe River and its
tributaries within the river corridor by or under the authority of any
public body or its agents for the purposes of construction or
maintenance of roads. The Secretary shall take such action as is
required under subsection (b) of this section within one year from
November 10, 1978. For the purposes of this river, there are authorized
to be appropriated not more than $1,000,000 for the acquisition of lands
or interest in lands.
(24) Salmon, Idaho -- (A) The segment of the main river from the
mouth of the North Fork of the Salmon River downstream to Long Tom Bar
in the following classes:
(i) the forty-six-mile segment from the mouth of the North Fork of
the Salmon River to Corn Creek as a recreational river; and
(ii) the seventy-nine-mile segment from Corn Creek to Long Tom Bar as
a wild river; all as generally depicted on a map entitled ''Salmon
River'' dated November 1979, which is on file and available for public
inspection in the Office of the Chief, Forest Service, United States
Department of Agriculture.
(B) This segment shall be administered by the Secretary of
Agriculture: Provided, That after consultation with State and local
governments and the interested public, the Secretary shall take such
action as is required by subsection (b) of this section within one year
from July 23, 1980.
(C) The use of motorboats (including motorized jetboats) within this
segment of the Salmon River shall be permitted to continue at a level
not less than the level of use which occurred during calendar year 1978,
(D) Subject to existing rights of the State of Idaho, including the
right of access, with respect to the beds of navigable streams,
tributaries or rivers, dredge and placer mining in any form including
any use of machinery for the removal of sand and gravel for mining
purposes shall be prohibited within the segment of the Salmon River
designated as a component of the Wild and Scenic Rivers System by this
paragraph; within the fifty-three-mile segment of the Salmon River from
Hammer Creek downstream to the confluence of the Snake River; and
within the Middle Fork of the Salmon River; and its tributary streams
in their entirety: Provided, That nothing in this paragraph shall be
deemed to prohibit the removal of sand and gravel, outside the
boundaries of the Frank Church -- River of No Return Wilderness or the
Gospel-Hump Wilderness, above the high water mark of the Salmon River or
the Middle Fork and its tributaries for the purposes of construction or
maintenance of public roads; Provided further, That this paragraph
shall not apply to any written mineral leases approved by the Board of
Land Commissioners of the State of Idaho prior to January 1, 1980.
(E) The provisions of section 1278(a) of this title with respect to
the licensing of dams, water conduits, reservoirs, powerhouses,
transmission lines or other project works, shall apply to the
fifty-three-mile segment of the Salmon River from Hammer Creek
downstream to the confluence of the Snake River.
(F) For the purposes of the segment of the Salmon River designated as
a component of the Wild and Scenic Rivers System by this paragraph,
there is hereby authorized to be appropriated from the Land and Water
Conservation Fund, after October 1, 1980, not more than $6,200,000 for
the acquisition of lands and interests in lands.
(25) Alagnak, Alaska -- That segment of the main stem and the major
tributary to the Alagnak, the Nonvianuk River, within Katmai National
Preserve; to be administered by the Secretary of the Interior.
(26) Alatna, Alaska -- The main stem within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(27) Aniakchak, Alaska -- That portion of the river, including its
major tributaries, Hidden Creek, Mystery Creek, Albert Johnson Creek,
and North Fork Aniakchak River, within the Aniakchak National Monument
and National Preserve; to be administered by the Secretary of the
Interior.
(28) Charley, Alaska -- The entire river, including its major
tributaries, Copper Creek, Bonanza Creek, Hosford Creek, Derwent Creek,
Flat-Orthmer Creek, Crescent Creek, and Moraine Creek, within the
Yukon-Charley Rivers National Preserve; to be administered by the
Secretary of the Interior.
(29) Chilikadrotna, Alaska -- That portion of the river within the
Lake Clark National Park and Preserve; to be administered by the
Secretary of the Interior.
(30) John, Alaska -- That portion within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(31) Kobuk, Alaska -- That portion within the Gates of the Arctic
National Park and Preserve; to be administered by the Secretary of the
Interior.
(32) Mulchatna, Alaska -- That portion within the Lake Clark National
Park and Preserve; to be administered by the Secretary of the Interior.
(33) Noatak, Alaska -- The river from its source in the Gates of the
Arctic National Park to its confluence with the Kelly River in the
Noatak National Preserve; to be administered by the Secretary of the
Interior.
(34) North Fork of the Koyukuk, Alaska -- That portion within the
Gates of the Arctic National Park; to be administered by the Secretary
of the Interior.
(35) Salmon, Alaska -- That portion within the Kobuk Valley National
Park; to be administered by the Secretary of the Interior.
(36) Tinayguk, Alaska -- That portion within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(37) Tlikakila, Alaska -- That portion within the Lake Clark National
Park; to be administered by the Secretary of the Interior.
(38) Andreafsky, Alaska -- That portion from its source, including
all headwaters, and the East Fork, within the boundary of the Yukon
Delta National Wildlife Refuge; to be administered by the Secretary of
the Interior.
(39) Ivishak, Alaska -- That portion from its source, including all
headwaters and an unnamed tributary from Porcupine Lake within the
boundary of the Arctic National Wildlife Range; to be administered by
the Secretary of the Interior.
(40) Nowitna, Alaska -- That portion from the point where the river
crosses the west limit of township 18 south, range 22 east, Kateel River
meridian, to its confluence with the Yukon River within the boundaries
of the Nowitna National Wildlife Refuge; to be administered by the
Secretary of the Interior.
(41) Selawik, Alaska -- That portion from a fork of the headwaters in
township 12 north, range 10 east, Kateel River meridian to the
confluence of the Kugarak River; within the Selawik National Wildlife
Refuge to be administered by the Secretary of the Interior.
(42) Sheenjek, Alaska -- The segment within the Arctic National
Wildlife Refuge; to be administered by the Secretary of the Interior.
(43) Wind, Alaska -- That portion from its source, including all
headwaters and one unnamed tributary in township 13 south, within the
boundaries of the Arctic National Wildlife Refuge; to be administered
by the Secretary of the Interior.
(44) Alagnak, Alaska -- Those segments or portions of the main stem
and Nonvianuk tributary lying outside and westward of the Katmia
National Park/Preserve and running to the west boundary of township 13
south, range 43 west; to be administered by the Secretary of the
Interior.
(45) Beaver Creek, Alaska -- The segment of the main stem from the
vicinity of the confluence of the Bear and Champion Creeks downstream to
its exit from the northeast corner of township 12 north, range 6 east,
Fairbanks meridian within the White Mountains National Recreation Area,
and the Yukon Flats National Wildlife Refuge, to be administered by the
Secretary of the Interior.
(46) Birch Creek, Alaska -- The segment of the main stem from the
south side of Steese Highway in township 7 north, range 10 east,
Fairbanks meridian, downstream to the south side of the Steese Highway
in township 10 north, range 16 east; to be administered by the
Secretary of the Interior.
(47) Delta, Alaska -- The segment from and including all of the
Tangle Lakes to a point one-half mile north of Black Rapids; to be
administered by the Secretary of the Interior.
(48) Fortymile, Alaska -- The main stem within the State of Alaska;
O'Brien Creek; South Fork; Napoleon Creek, Franklin Creek, Uhler
Creek, Walker Fork downstream from the confluence of Liberty Creek;
Wade Creek; Mosquito Fork downstream from the vicinity of Kechumstuk;
West Fork Dennison Fork downstream from the confluence of Logging Cabin
Creek; Dennison Fork downstream from the confluence of West Fork
Dennison Fork: Logging Cabin Creek; North Fork; Hutchison Creek;
Champion Creek; the Middle Fork downstream from the confluence of
Joseph Creek; and Joseph Creek; to be administered by the Secretary of
the Interior.
(49) Gulkana, Alaska -- The main stem from the outlet of Paxon Lake
in township 12 north, range 2 west, Copper River meridian to the
confluence with Sourdough Creek; the south branch of the west fork from
the outlet of an unnamed lake in sections 10 and 15, township 10 north,
range 7 west, Copper River meridian to the confluence with the west
fork; the north branch from the outlet of two unnamed lakes, one in
sections 24 and 25, the second in sections 9 and 10, township 11 north,
range 8 west, Copper River meridian to the confluence with the west
fork; the west fork from its confluence with the north and south
branches downstream to its confluence with the main stem; the middle
fork from the outlet of Dickey Lake in township 13 north, range 5 west,
Copper River meridian to the confluence with the main stem; to be
classified as a wild river area and to be administered by the Secretary
of the Interior.
(50) Unalakleet, Alaska -- The segment of the main stem from the
headwaters in township 12 south, range 3 west, Kateel River meridian
extending downstream approximately 65 miles to the western boundary of
township 18 south, range 8 west; to be administered by the Secretary of
the Interior.
(51) Verde, Arizona -- The segment from the boundary between national
forest and private land in sections 26 and 27, township 13 north, range
5 east, Gila Salt River meridian, downstream to the confluence with Red
Creek, as generally depicted on a map entitled ''Verde River -- Wild and
Scenic River'', dated March 1984, which is on file and available for
public inspection in the Office of the Chief, Forest Service, United
States Department of Agriculture; to be administered by the Secretary
of Agriculture. This designation shall not prevent water users
receiving Central Arizona Project water allocations from diverting that
water through an exchange agreement with downstream water users in
accordance with Arizona water law. After consultation with State and
local governments and the interested public and within two years after
August 28, 1984, the Secretary shall take such action as is required
under subsection (b) of this section.
(52) Au Sable, Michigan -- The segment of the main stem from the
project boundary of the Mio Pond project downstream to the project
boundary at Alcona Pond project as generally depicted on a map entitled
''Au Sable River'' which is on file and available for public inspection
in the Office of the Chief, Forest Service, United States Department of
Agriculture; to be administered by the Secretary of Agriculture.
(53) Tuolumne, California -- The main river from its sources on Mount
Dana and Mount Lyell in Yosemite National Park to Don Pedro Reservoir
consisting of approximately 83 miles as generally depicted on the
proposed boundary map entitled ''Alternative A'' contained in the Draft
Tuolumne Wild and Scenic River Study and Environmental Impact Statement
published by the United States Department of the Interior and Department
of Agriculture in May 1979; to be administered by the Secretary of the
Interior and the Secretary of Agriculture. After consultation with
State and local governments and the interested public and within two
years from September 28, 1984, the Secretary shall take such action as
is required under subsection (b) of this section. Nothing in this
chapter shall preclude the licensing, development, operation, or
maintenance of water resources facilities on those portions of the North
Fork, Middle Fork or South Fork of the Tuolumne or Clavey Rivers that
are outside the boundary of the wild and scenic river area as designated
in this section. Nothing in this section is intended or shall be
construed to affect any rights, obligations, privileges, or benefits
granted under any prior authority of law including chapter 4 of the Act
of December 19, 1913, commonly referred to as the Raker Act (38 Stat.
242) and including any agreement or administrative ruling entered into
or made effective before September 28, 1984. For fiscal years
commencing after September 30, 1985, there are authorized to be
appropriated such sums as may be necessary to implement the provisions
of this subsection.
(54) Illinois, Oregon: The segment from the boundary of the Siskiyou
National Forest downstream to its confluence with the Rogue River as
generally depicted on a map entitled ''Illinois River Study'' and is
also part of a report entitled ''A Proposal: Illinois Wild and Scenic
River''; to be administered by the Secretary of Agriculture. After
consultation with State and local governments and the interested public,
the Secretary shall take such action as is required under subsection (b)
of this section within one year from October 19, 1984. For the purposes
of this chapter with respect to the river designated by this paragraph,
effective October 1, 1984, there are authorized to be appropriated such
sums as necessary for the acquisition of lands or interests in lands,
and such sums as necessary for development.
(55) Owyhee, Oregon: The South Fork from the Idaho-Oregon State line
downstream to Three Forks; the Owyhee River from Three Forks downstream
to China Gulch; and the Owyhee River downstream from Crooked Creek to
the Owyhee Reservoir as generally depicted on a map entitled ''Owyhee,
Oregon'' dated April 1984; all three segments to be administered as a
wild river by the Secretary of the Interior. After consultation with
State and local governments and the interested public, the Secretary
shall take such appropriate action as is required under subsection (b)
of this section within one year from October 19, 1984. For the purposes
of this chapter with respect to the river designated by this paragraph,
effective October 1, 1984, there are authorized to be appropriated such
sums as necessary for the acquisition of lands or interests and such
sums as necessary for development.
(56) Horsepasture, North Carolina -- The segment from Bohaynee Road
(N.C. 281) downstream approximately 4.25 miles to where the segment ends
at Lake Jocassee, to be administered by the Secretary of Agriculture.
Notwithstanding any limitation of section 1277 of this title, the
Secretary is authorized to utilize the authority of this chapter and
those pertaining to the National Forests to acquire by purchase with
donated or appropriated funds, donation, exchange or otherwise, such
non-Federal lands or interests in lands within, near, or adjacent to the
designated segments of the river which the Secretary determines will
protect or enhance the scenic and natural values of the river.
(57) Cache la Poudre, Colorado -- The following segments as generally
depicted on the proposed boundary map numbered FS-56 and dated March
1986, published by the United States Department of Agriculture, each to
be administered by the Secretary of Agriculture; except that those
portions of the segments so designated which are within the boundary of
Rocky Mountain National Park shall continue to be administered by the
Secretary of the Interior:
(A) Beginning at Poudre Lake downstream to the confluence of Joe
Wright Creek, as a wild river. This segment to be designated the
''Peter H. Dominick Wild River Area''.
(B) Downstream from the confluence of Joe Wright Creek to a point
where the river intersects the easterly north-south line of the west
half southwest quarter of section 1, township 8 north, range 71 west of
the sixth principal meridian, as a recreational river.
(C) South Fork of the Cache la Poudre River from its source to the
Commanche /1/ Peak Wilderness Boundary, approximately four miles, as a
wild river.
(D) Beginning at the Commanche /1/ Peak Wilderness Boundary to a
point on the South Fork of the Cache la Poudre River in section 1,
township 7 north, range 73 west of the sixth principal meridian, at
elevation 8050 mean sea level, as a recreational river.
(E) South Fork of the Cache la Poudre River from its intersection
with the easterly section line of section 30, township 8 north, range 72
west of the sixth principal meridian, to confluence of the main stem of
the Cache la Poudre River, as a wild river.
With respect to the portions of the river segments designated by this
paragraph which are within the boundaries of Rocky Mountain National
Park, the requirements of subsection (b) of this section shall be
fulfilled by the Secretary of the Interior through appropriate revisions
to the general management plan for the park, and the boundaries,
classification, and development plans for such portions need not be
published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or use of
parklands shall be undertaken that is inconsistent with the designation
of such river segments as a wild river. For the purposes of the
segments designated by this paragraph, there are authorized to be
appropriated $500,000 for development and $2,500,000 for land
acquisition.
(58) Saline Bayou, Louisiana -- The segment from Saline Lake upstream
to the Kisatchie National Forest, as generally depicted on the Proposed
Boundary Map, numbered FS-57, and dated March 1986; to be administered
by the Secretary of Agriculture. For the purposes of the segment
designated by this paragraph, there are authorized to be appropriated
for fiscal years commencing after September 30, 1986, not to exceed
$1,000,000 for the acquisition of lands and interests in lands and for
development.
(59) Black Creek, Mississippi -- The segment from Fairley Bridge
Landing upstream to Moody's Landing as generally depicted on a map
entitled ''Black Creek Wild and Scenic River'', numbered FS-58 and dated
March 1986, to be administered by the Secretary of Agriculture as a
scenic river area under section 1273(b)(2) of this title. For the
purposes of the segment designated by this paragraph, there are
authorized to be appropriated up to $300,000 for the acquisition of
lands and interests in lands and for development.
(60) Klickitat, Washington: The segment from its confluence with
Wheeler Creek, Washington, near the town of Pitt, Washington, to its
confluence with the Columbia River; to be classified as a recreation
river and to be administered by the Secretary of Agriculture. The
boundaries of the designated portions of the Klickitat River shall be as
generally depicted on a map dated November, 1987, and entitled
''Klickitat National Recreation River, River Management Area: Final
Boundary'', which is on file in the office of the Chief, Forest Service,
Washington, District of Columbia.
(61) White Salmon, Washington: The segment from its confluence with
Gilmer Creek, Washington, near the town of B Z Corner, Washington, to
its confluence with Buck Creek, Washington; to be classified as a
scenic river and to be administered by the Secretary of Agriculture.
(62) Merced, California. -- (A) The main stem from its sources
(including Red Peak Fork, Merced Peak Fork, Triple Peak Fork, and Lyell
Fork) on the south side of Mount Lyell in Yosemite National Park to a
point 300 feet upstream of the confluence with Bear Creek, consisting of
approximately 71 miles, and the South Fork of the river from its source
near Triple Divide Peak in Yosemite National Park to the confluence with
the main stem, consisting of approximately 43 miles, both as generally
depicted on the map entitled ''Merced River Wild and Scenic Rivers --
Proposed'', dated June 1987, to be administered by the Secretary of
Agriculture and the Secretary of the Interior. With respect to the
portions of the river designated by this subparagraph which are within
the boundaries of Yosemite National Park, and the El Portal
Administrative Unit, the requirements of subsection (b) of this section
shall be fulfilled by the Secretary of the Interior through appropriate
revisions to the general management plan for the park, and the
boundaries, classification, and development plans for such portions need
not be published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or use of
park lands shall be undertaken that is inconsistent with the designation
of such river segments. There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of this subparagraph,
except that no more than $235,000 may be appropriated to the Secretary
of Agriculture for the acquisition of lands and interests in lands.
(B)(i) The main stem from a point 300 feet upstream of the confluence
with Bear Creek downstream to the normal maximum operating pool water
surface level of Lake McClure (elevation 867 feet mean sea level)
consisting of approximately 8 miles, as generally depicted on the map
entitled ''Merced Wild and Scenic River'', dated April, 1990. The
Secretary of the Interior shall administer the segment as recreational,
from a point 300 feet upstream of the confluence with Bear Creek
downstream to a point 300 feet west of the boundary of the Mountain King
Mine, and as wild, from a point 300 feet west of the boundary of the
Mountain King Mine to the normal maximum operating pool water surface
level of Lake McClure. The requirements of subsection (b) of this
section shall be fulfilled by the Secretary of the Interior through
appropriate revisions to the Sierra Management Framework Plan for the
Sierra Planning Area of the Folsom Resource Area, Bakersfield District,
Bureau of Land Management. There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of this subparagraph.
(ii) To the extent permitted by, and in a manner consistent with
section 1278 of this title, and in accordance with other applicable law,
the Secretary of the Interior shall permit the construction and
operation of such pumping facilities and associated pipelines as
identified in the Bureau of Land Management right-of-way application
CACA 26084, filed by the Mariposa County Water Agency on November 7,
1989, and known as the ''Saxon Creek Project'', to assure an adequate
supply of water from the Merced River to Mariposa County.
(C) With respect to the segments of the main stem of the Merced River
and the South Fork Merced River designated as recreational or scenic
pursuant to this paragraph or by the appropriate agency pursuant to
subsection (b) of this section, the minerals to /2/ Federal lands which
constitute the bed or bank or are situated within one-quarter mile of
the bank are hereby withdrawn, subject to valid existing rights, from
all forms of appropriation under the mining laws and from operation of
the mineral leasing laws including, in both cases, amendments thereto.
(63) Kings, California. -- The Middle Fork of the Kings River from
its headwaters at Lake Helen between Muir Pass and Black Giant Mountain
to its confluence with the main stem; the South Fork, Kings River from
its headwaters at Lake 11599 to its confluence with the main stem; and
the main stem of the Kings River from the confluence of the Middle Fork
and the South Fork to the point at elevation 1,595 feet above mean sea
level. The segments within the Kings Canyon National Park shall be
administered by the Secretary of the Interior. The remaining segments
shall be administered by the Secretary of Agriculture. After
consultation with State and local governments and the interested public
and within one year after November 3, 1987, the respective Secretaries
shall take such action as is required under subsection (b) of this
section. In the case of the segments of the river administered by the
Secretary of the Interior, the requirements of subsection (b) of this
section shall be fulfilled through appropriate revisions to the general
management plan for Kings Canyon National Park, and the boundaries,
classification, and development plans for such segments need not be
published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or use of
park lands shall be undertaken that is inconsistent with the designation
of the river under this paragraph. For the purposes of the segments
designated by this paragraph, there are authorized to be appropriated
such sums as may be necessary, but not to exceed $250,000, to the
Secretary of Agriculture for development and land acquisition.
(64)(A) North Fork Kern River, California. -- The segment of the main
stem from the Tulare-Kern County line to its headwaters in Sequoia
National Park, as generally depicted on a map entitled ''Kern River Wild
and Scenic River -- Proposed'' and dated June, 1987; to be administered
by the Secretary of Agriculture; except that portion of the river
within the boundaries of the Sequoia National Park shall be administered
by the Secretary of the Interior. With respect to the portion of the
river segment designated by this paragraph which is within the
boundaries of Sequoia National Park, the requirements of subsection (b)
of this section shall be fulfilled by the Secretary of the Interior
through appropriate revisions to the general management plan for the
park, and the boundaries, classification, and development plans for such
portion need not be published in the Federal Register. Such revision to
the general management plan for the park shall assure that no
developments or use of park lands shall be undertaken that is
inconsistent with the designation of such river segment.
(B) South Fork Kern River, California. -- The segment from its
headwaters in the Inyo National Forest to the southern boundary of the
Domelands Wilderness in the Sequoia National Forest, as generally
depicted on a map entitled ''Kern River Wild and Scenic River --
Proposed'' and dated June 1987; to be administered by the Secretary of
Agriculture.
(C) Nothing in this chapter shall affect the continued operation and
maintenance of the existing diversion project, owned by Southern
California Edison on the North Fork of the Kern River, including
reconstruction or replacement of facilities to the same extent as
existed on November 24, 1987.
(D) For the purposes of the segments designated by this paragraph,
there are authorized to be appropriated such sums as may be necessary,
but not to exceed $100,000, to the Secretary of Agriculture for
development and land acquisition.
(65) Bluestone, West Virginia. -- The segment in Mercer and Summers
Counties, West Virginia, from a point approximately two miles upstream
of the Summers and Mercer County line down to the maximum summer pool
elevation (one thousand four hundred and ten feet above mean sea level)
of Bluestone Lake as depicted on the boundary map entitled ''Bluestone
Wild and Scenic River'', numbered WSR-BLU/20,000, and dated January
1987; to be administered by the Secretary of the Interior as a scenic
river. In carrying out the requirements of subsection (b) of this
section, the Secretary shall consult with State and local governments
and the interested public. The Secretary shall not be required to
establish detailed boundaries of the river as provided under subsection
(b) of this section. Nothing in this chapter shall preclude the
improvement of any existing road or right-of-way within the boundaries
of the segment designated under this paragraph. Jurisdiction over all
lands and improvements on such lands owned by the United States within
the boundaries of the segment designated under this paragraph is hereby
transferred without reimbursement to the administrative jurisdiction of
the Secretary of the Interior, subject to leases in effect on October
26, 1988 (or renewed thereafter) between the United States and the State
of West Virginia with respect to the Bluestone State Park and the
Bluestone Public Hunting and Fishing Area. Nothing in this chapter
shall affect the management by the State of hunting and fishing within
the segment designated under this paragraph. Nothing in this chapter
shall affect or impair the management by the State of West Virginia of
other wildlife activities in the Bluestone Public Hunting and Fishing
Area to the extent permitted in the lease agreement as in effect on
October 26, 1988, and such management may be continued pursuant to
renewal of such lease agreement. If requested to do so by the State of
West Virginia, the Secretary may terminate such leases and assume
administrative authority over the areas concerned. Nothing in the
designation of the segment referred to in this paragraph shall affect or
impair the management of the Bluestone project or the authority of any
department, agency, or instrumentality of the United States to carry out
the project purposes of that project as of October 26, 1988. Nothing in
this chapter shall be construed to affect the continuation of studies
relating to such project which were commenced before October 26, 1988.
(66)(A) Sipsey Fork of the West Fork, Alabama. -- Segments of the
Sipsey Fork and several tributaries; to be administered by the
Secretary of Agriculture in the classifications indicated, as follows:
(1) Sipsey Fork from the confluence of Sandy Creek upstream to Forest
Highway 26, as a scenic river; and
(2) Sipsey Fork from Forest Highway 26 upstream to it origin at the
confluence of Thompson Creek and Hubbard Creek, as a wild river; and
(3) Hubbard Creek from its confluence with Thompson Creek upstream to
Forest Road 210, as a wild river; and
(4) Thompson Creek from its confluence with Hubbard Creek upstream to
its origin in section 4, township 8 south, range 9 west, as a wild
river; and
(5) Tedford Creek from its confluence with Thompson Creek upstream to
section 17, township 8 south, range 9 west, as a wild river; and
(6) Mattox Creek from it confluence with Thompson Creek upstream to
section 36 of township 7 south, range 9 west, as a wild river; and
(7) Borden Creek from its confluence with the Sipsey Fork upstream to
Forest Road 208, as a wild river; and
(8) Borden Creek from Forest Road 208 upstream to its confluence with
Montgomery Creek, as a scenic river; and
(9) Montgomery Creek from its confluence with Borden Creek upstream
to the southwest quarter of the southwest quarter of section 36,
township 7 south, range 8 west, as a scenic river; and
(10) Flannigan Creek from its confluence with Borden Creek upstream
to Forest Road 208, as a wild river; and
(11) Flannigan Creek from Forest Road 208 upstream to section 4,
township 8 south, range 8 west, as a scenic river; and
(12) Braziel Creek from its confluence with Borden Creek upstream to
section 12, township 8 south, range 9 west, as a wild river; and
(13) Hogood Creek from its confluence with Braziel Creek upstream to
the confluence with an unnamed tributary in section 7, township 8 south,
range 8 west, as a wild river.
(B) A map entitled ''Sipsey Fork of the West Fork Wild and Scenic
River'', generally depicting the Sipsey Fork and the tributaries, shall
be on file and remain available for public inspections in the office of
the Chief of the Forest Service, Department of Agriculture.
(67) Wildcat River, New Hampshire. -- (A) A 14.51 mile segment
including the following tributaries: Wildcat Brook, Bog Brook, and
Great Brook (all as generally depicted on a map entitled ''Wildcat
River'', dated October 1987) to be administered as follows: those
segments of the Wildcat River and its tributaries located within the
boundary of the White Mountain National Forest (hereinafter in this
paragraph referred to as ''the forest'') shall be administered by the
Secretary of Agriculture (hereinafter in this paragraph referred to as
the ''Secretary''); those segments located outside the boundary of the
forest shall be administered by the Secretary through a cooperative
agreement with the Board of Selectmen of the town of Jackson and the
State of New Hampshire pursuant to section 1281(e) of this title. Such
agreement shall provide for the long-term protection, preservation, and
enhancement of the river segments located outside the boundary of the
forest and shall be consistent with the comprehensive management plan to
be prepared by the Secretary pursuant to subsection (d) of this section
and with the July 1987 River Conservation Plan prepared by the Wildcat
Brook Advisory Committee in conjunction with the National Park Service.
(B)(i) To assist in the implementation of this paragraph, the
Secretary shall establish, within 3 months after October 28, 1988, a
Wildcat River Advisory Commission (hereinafter in this paragraph
referred to as the ''Commission'').
(ii) The Commission shall be composed of 7 members appointed by the
Secretary as follows: one member from recommendations submitted by the
Governor of the State of New Hampshire; 4 members from recommendations
submitted by the Jackson Board of Selectmen, of which at least 2 members
shall be riparian property owners, and at least one member shall be on
the Board of Selectmen; one member from recommendations submitted by
the Jackson Conservation Commission; and one member selected by the
Secretary. Members of the Commission shall be appointed for terms of 3
years. A vacancy in the Commission shall be filled in the manner in
which the original appointment was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder of
such term. Any member of the Commission appointed for a definite term
may serve after the expiration of his term until his successor is
appointed. The Commission shall designate one of its members as
Chairman.
(iii) The Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area affected by the designation
of the segments described in this paragraph. Commission meetings shall
be held at locations and in such a manner as to ensure adequate public
involvement.
(iv) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred in carrying
out their responsibilities under this paragraph on vouchers signed by
the Chairman.
(v) Four members of the Commission shall constitute a quorum but a
lesser number may hold hearings.
(vi) The Commission shall cease to exist on the date 10 years after
October 28, 1988.
(vii) The provisions of section 14(b) of the Federal Advisory
Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived
with respect to the Commission.
(C) The authority of the Secretary to acquire lands outside the
boundary of the White Mountain National Forest for purposes of this
paragraph shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof. The Secretary may also acquire
scenic easements for purposes of this paragraph as provided in section
1277 of this title.
(D) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this paragraph.
(68) Big Marsh Creek, Oregon. -- The 15-mile segment from the
northeast quarter of section 15, township 26 south, range 6 east, to its
confluence with Crescent Creek in the northeast quarter of section 20,
township 24 south, range 7 east, as a recreational river; to be
administered by the Secretary of Agriculture: Provided, That nothing in
this chapter shall prohibit the Secretary from undertaking construction
activities to enhance and restore wetland resources associated with Big
Marsh Creek.
(69) Chetco, Oregon. -- The 44.5-mile segment from its headwaters to
the Siskiyou National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 25.5-mile segment from its headwaters to Boulder Creek at the
Kalmiopsis Wilderness boundary as a wild river;
(B) the 8-mile segment from Boulder Creek to Steel Bridge as a scenic
river; and
(C) the 11-mile segment from Steel Bridge to the Siskiyou National
Forest boundary, one mile below Wilson Creek, as a recreational river.
(70) Clackamas, Oregon. -- The 47-mile segment from Big Springs to
Big Cliff; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 4-mile segment from Big Springs to the Forest Service Road
4690 bridge as a scenic river;
(B) the 3.5-mile segment from the Forest Service Road 4690 bridge to
the junction with Oregon State Highway 224 as a recreational river;
(C) the 10.5-mile segment from Oregon State Highway 224 to the June
Creek Bridge as a scenic river;
(D) the 9-mile segment from June Creek Bridge to Tar Creek as a
recreational river;
(E) the 5.5-mile segment from Tar Creek to just south of Indian Henry
Campground as a scenic river; and
(F) the 14.5-mile segment just south of Indian Henry Campground to
Big Cliff as a recreational river.
(71) Crescent Creek, Oregon. -- The 10-mile segment from the
southwest quarter of section 11, township 24 south, range 6 east, to the
west section line of section 13, township 24 south, range 7 east, as a
recreational river; to be administered by the Secretary of Agriculture.
(72) Crooked, Oregon. -- The 15-mile segment from the National
Grassland boundary to Dry Creek; to be administered by the Secretary of
the Interior in the following classes:
(A) The 7-mile segment from the National Grassland boundary to River
Mile 8 south of Opal Spring as a recreational river; and
(B) the 8-mile segment from Bowman Dam to Dry Creek as a recreational
river.
(73) Deschutes, Oregon. -- Those portions as follows:
(A) The 40.4-mile segment from Wickiup Dam to northern boundary of
Sunriver at the southwest quarter of section 20, township 19 south,
range 11 east as a recreational river; to be administered by the
Secretary of Agriculture;
(B) the 11-mile segment from the northern boundary of Sunriver at the
southwest quarter of section 20, township 19 south, range 11 east, to
Lava Island Camp as a scenic river; to be administered by the Secretary
of Agriculture;
(C) the 3-mile segment from Lava Island Camp to the Bend Urban Growth
Boundary at the southwest corner of section 13, township 18 south, range
11 east, as a recreational river; to be administered by the Secretary
of Agriculture;
(D) the 19-mile segment from Oden Falls to the Upper End of Lake
Billy Chinook as a scenic river; to be administered by the Secretary of
the Interior;
(E) the 100-mile segment from the Pelton Reregulating Dam to its
confluence with the Columbia River as a recreational river; to be
administered by the Secretary of the Interior through a cooperative
management agreement between the Confederated Tribes of the Warm Springs
Reservation, and the State of Oregon as provided in section 1281(e) of
this title and section 105 of the Omnibus Oregon Wild and Scenic Rivers
Act of 1988.
(74) Donner und Blitzen, Oregon. -- Those segments, including its
major tributaries, as a wild river; to be administered by the Secretary
of the Interior as follows:
(A) The 16.75-mile segment of the Donner und Blitzen from its
confluence with the South Fork Blitzen and Little Blitzen;
(B) the 12.5-mile segment of the Little Blitzen from its headwaters
to its confluence with the South Fork Blitzen;
(C) the 16.5-mile segment of the South Fork Blitzen from its
headwaters to its confluence with the South Fork Blitzen;
(D) the 10-mile segment of Big Indian Creek from its headwaters to
its confluence with the South Fork Blitzen;
(E) the 3.7-mile segment of Little Indian Creek from its headwaters
to its confluence with Big Indian Creek; and
(F) the 13.25-mile segment of Fish Creek from its headwaters to its
confluence with the Donner und Blitzen.
(75) Eagle Creek, Oregon. -- The 27-mile segment from its headwaters
below Eagle Lake to the Wallowa-Whitman National Forest boundary at
Skull Creek; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 4-mile segment from its headwaters below Eagle Lake to the
Eagle Cap Wilderness boundary at Hummingbird Mountain as a wild river;
(B) the 15.5-mile segment from the Eagle Cap Wilderness boundary at
Hummingbird Mountain to Paddy Creek as a recreational river;
(C) the 6-mile segment from Paddy Creek to Little Eagle Creek as a
scenic river; and
(D) the 1.5-mile segment from Little Eagle Creek to the
Wallowa-Whitman National Forest boundary as a recreational river.
(76) Elk, Oregon. -- The 19-mile segment to be administered by the
Secretary of Agriculture in the following classes:
(A) The 17-mile segment from the confluence of the North and South
Forks of the Elk to Anvil Creek as a recreational river; and
(B) the 2-mile segment of the North Fork Elk from the falls to its
confluence with the South Fork as a wild river.
(77) Grande Ronde, Oregon. -- The 43.8-mile segment from its
confluence with the Wallowa River to the Oregon-Washington State line in
the following classes:
(A) The 1.5-mile segment from its confluence with the Wallowa River
to the Umatilla National Forest boundary in section 11, township 3
north, range 40 east, as a recreational river; to be administered by
the Secretary of Agriculture;
(B) the 17.4-mile segment from the Umatilla National Forest boundary
in section 11, township 3 north, range 40 east, to the Wallowa-Whitman
National Forest boundary approximately one-half mile east of Grossman
Creek as a wild river; to be administered by the Secretary of
Agriculture;
(C) the 9-mile segment from the Wallowa-Whitman National Forest
boundary approximately one-half mile east of Grossman Creek to Wildcat
Creek as a wild river; to be administered by the Secretary of the
Interior; and
(D) the 15.9-mile segment from Wildcat Creek to the Oregon-Washington
State line as a recreational river; to be administered by the Secretary
of the Interior.
(78) Imnaha, Oregon. -- Those segments, including the South Fork
Imnaha; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 6-mile segment from its confluence with the North and South
Forks of the Imnaha River to Indian Crossing as a wild river;
(B) the 58-mile segment from Indian Crossing to Cow Creek as a
recreational river;
(C) the 4-mile segment from Cow Creek to its mouth as a scenic river;
and
(D) the 9-mile segment of the South Fork Imnaha from its headwaters
to its confluence with the Imnaha River as a wild river.
(79) John Day, Oregon. -- The 147.5-mile segment from Service Creek
to Tumwater Falls as a recreational river; to be administered through a
cooperative management agreement between the State of Oregon and the
Secretary of the Interior as provided in section 1281(e) of this title.
(80) Joseph Creek, Oregon. -- The 8.6-mile segment from Joseph Creek
Ranch, one mile downstream from Cougar Creek, to the Wallowa-Whitman
National Forest boundary as a wild river; to be administered by the
Secretary of Agriculture.
(81) Little Deschutes, Oregon. -- The 12-mile segment from its source
in the northwest quarter of section 15, township 26 south, range 6 1/2
east to the north section line of section 12, township 26 south, range 7
east as a recreational river; to be administered by the Secretary of
Agriculture.
(82) Lostine, Oregon. -- The 16-mile segment from its headwaters to
the Wallowa-Whitman National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 5-mile segment from its headwaters to the Eagle Cap
Wilderness boundary as a wild river; and
(B) the 11-mile segment from the Eagle Cap Wilderness boundary to the
Wallowa-Whitman National Forest boundary at Silver Creek as a
recreational river.
(83) Malheur, Oregon. -- The 13.7-mile segment from Bosonberg Creek
to the Malheur National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 7-mile segment from Bosonberg Creek to Malheur Ford as a
scenic river; and
(B) the 6.7-mile segment from Malheur Ford to the Malheur National
Forest boundary as a wild river.
(84) McKenzie, Oregon. -- The 12.7-mile segment from Clear Lake to
Scott Creek; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 1.8-mile segment from Clear Lake to the head of maximum pool
at Carmen Reservoir as a recreational river;
(B) the 4.3-mile segment from a point 100 feet downstream from Carmen
Dam to the maximum pool at Trail Bridge Reservoir as a recreational
river; and
(C) the 6.6-mile segment from the developments at the base of the
Trail Bridge Reservoir Dam to Scott Creek as a recreational river.
(85) Metolius, Oregon. -- The 28.6-mile segment from the south
Deschutes National Forest boundary to Lake Billy Chinook in the
following classes:
(A) The 11.5-mile segment from the south Deschutes National Forest
boundary (approximately 2,055.5 feet from Metolius Springs) to Bridge 99
as a recreational river; to be administered by the Secretary of
Agriculture;
(B) the 17.1-mile segment from Bridge 99 to Lake Billy Chinook as a
scenic river; by /3/ the Secretary of Agriculture, through a
cooperative management agreement between the Secretary of the Interior
and the Confederated Tribes of the Warm Springs Reservation, as provided
in section 1281(e) of this title and section 105 of the Omnibus Oregon
Wild and Scenic Rivers Act of 1988: Provided, That the river and its
adjacent land area will be managed to provide a primitive recreational
experience as defined in the ROS User's Guide.
(86) Minam, Oregon. -- The 39-mile segment from its headwaters at the
south end of Minam Lake to the Eagle Cap Wilderness boundary, one-half
mile downstream from Cougar Creek, as a wild river; to be administered
by the Secretary of Agriculture.
(87) North Fork Crooked, Oregon. -- The 32.3-mile segment from its
source at Williams Prairie to one mile from its confluence with the
Crooked River in the following classes:
(A) The 3-mile segment from its source at Williams Prairie to the
Upper End of Big Summit Prairie as a recreational river; to be
administered by the Secretary of Agriculture;
(B) the 3.7-mile segment from the Lower End of Big Summit Prairie to
the bridge across from the Deep Creek Campground as a recreational
river; to be administered by the Secretary of Agriculture;
(C) the 8-mile segment from the bridge across from the Deep Creek
Campground to the Ochoco National Forest boundary, one-half mile from
Lame Dog Creek as a scenic river; to be administered by the Secretary
of Agriculture;
(D) the 1.5-mile segment from the Ochoco National Forest boundary to
Upper Falls as a scenic river; to be administered by the Secretary of
the Interior;
(E) the 11.1-mile segment from Upper Falls to Committee Creek as a
wild river; to be administered by the Secretary of the Interior; and
(F) the 5-mile segment from Committee Creek to one mile from its
confluence with the Crooked River as a recreational river; to be
administered by the Secretary of the Interior.
(88) North Fork John Day, Oregon. -- The 54.1-mile segment from its
headwaters in the North Fork of the John Day Wilderness Area at section
13, township 8 south, range 36 east, to its confluence with Camas Creek
in the following classes:
(A) The 3.5-mile segment from its headwaters in the North Fork of the
John Day Wilderness at section 13, township 8 south, range 36 east, to
the North Fork of the John Day Wilderness boundary as a wild river; to
be administered by the Secretary of Agriculture;
(B) the 7.5-mile segment from the North Fork of the John Day
Wilderness boundary to Trail Creek as a recreational river; to be
administered by the Secretary of Agriculture;
(C) the 24.3-mile segment from Trail Creek to Big Creek as a wild
river; to be administered by the Secretary of Agriculture;
(D) the 10.5-mile segment from Big Creek to Texas Bar Creek as a
scenic river; to be administered by the Secretary of Agriculture; and
(E) the 8.3-mile segment from Texas Bar Creek to its confluence with
Camas Creek as a recreational river; to be administered by the
Secretary of Agriculture.
(89) North Fork Malheur, Oregon. -- The 25.5-mile segment from its
headwaters to the Malheur National Forest boundary as a scenic river;
to be administered by the Secretary of Agriculture.
(90) North Fork of the Middle Fork of the Willamette, Oregon. -- The
42.3-mile segment from Waldo Lake to the Willamette National Forest
boundary; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 8.8-mile segment from Waldo Lake to the south section line of
section 36, township 19 south, range 5 1/2 east as a wild river;
(B) the 6.5-mile segment from the south section line of section 36,
township 19 south, range 5 1/2 east to Fisher Creek as a scenic river;
and
(C) the 27-mile segment from Fisher Creek to the Willamette National
Forest boundary as a recreational river.
(91) North Fork Owyhee, Oregon. -- The 8-mile segment from the
Oregon-Idaho State line to its confluence with the Owyhee River as a
wild river; to be administered by the Secretary of the Interior.
(92) North Fork Smith, Oregon. -- The 13-mile segment from its
headwaters to the Oregon-California State line; to be administered by
the Secretary of Agriculture in the following classes:
(A) The 6.5-mile segment from its headwaters to Horse Creek as a wild
river;
(B) the 4.5-mile segment from Horse Creek to Baldface Creek as a
scenic river; and
(C) the 2-mile segment from Baldface Creek to the Oregon-California
State line as a wild river.
(93) North Fork Sprague, Oregon. -- The 15-mile segment from the head
of River Spring in the southwest quarter of section 15, township 35
south, range 16 east, to the northwest quarter of the southwest quarter
of section 11, township 35 south, range 15 east, as a scenic river; to
be administered by the Secretary of Agriculture.
(94) North Powder, Oregon. -- The 6-mile segment from its headwaters
to the Wallowa-Whitman National Forest boundary at River Mile 20 as a
scenic river; to be administered by the Secretary of Agriculture.
(95) North Umpqua, Oregon. -- The 33.8-mile segment from the Soda
Springs Powerhouse to Rock Creek in the following classes:
(A) The 25.4-mile segment from the Soda Springs Powerhouse to the
Umpqua National Forest boundary as a recreational river; to be
administered by the Secretary of Agriculture; and
(B) the 8.4-mile segment from the Umpqua National Forest boundary to
its confluence with Rock Creek as a recreational river; to be
administered by the Secretary of the Interior.
(96) Powder, Oregon. -- The 11.7-mile segment from Thief Valley Dam
to the Highway 203 bridge as a scenic river; to be administered by the
Secretary of the Interior.
(97) Quartzville Creek, Oregon. -- The 12-mile segment from the
Willamette National Forest boundary to slack water in Green Peter
Reservoir as a recreational river; to be administered by the Secretary
of the Interior.
(98) Roaring, Oregon. -- The 13.7-mile segment from its headwaters to
its confluence with the Clackamas River; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 13.5-mile segment from its headwaters to one-quarter mile
upstream of the mouth as a wild river; and
(B) the 0.2-mile segment from one-quarter mile upstream of the mouth
to its confluence with the Clackamas River as a recreational river.
(99) Salmon, Oregon. -- The 33.5-mile segment from its headwaters to
its confluence with the Sandy River in the following classes:
(A) The 7-mile segment from its headwaters to the south boundary line
of section 6, township 4 south, range 9 east as a recreational river;
to be administered by the Secretary of Agriculture: Provided, That
designation and classification shall not preclude the Secretary from
exercising discretion to approve the construction, operation, and
maintenance of ski lifts, ski runs, and associated facilities for the
land comprising the Timberline Lodge Winter Sports Area insofar as such
construction does not involve water resources projects;
(B) the 15-mile segment from the south boundary line at section 6,
township 4 south, range 9 east to the junction with the South Fork of
the Salmon River as a wild river; to be administered by the Secretary
of Agriculture;
(C) the 3.5-mile segment from the junction with the south fork of the
Salmon River to the Mt. Hood National Forest boundary as a recreational
river; to be administered by the Secretary of Agriculture;
(D) the 3.2-mile segment from the Mt. Hood National Forest boundary
to Lymp Creek as a recreational river; to be administered by the
Secretary of the Interior; and
(E) the 4.8-mile segment from Lymp Creek to its confluence with the
Sandy River as a scenic river; to be administered by the Secretary of
the Interior.
(100) Sandy, Oregon. -- Those portions as follows:
(A) The 4.5-mile segment from its headwaters to the section line
between sections 15 and 22, township 2 south, range 8 east as a wild
river; to be administered by the Secretary of Agriculture;
(B) the 7.9-mile segment from the section line between sections 15
and 22, township 2 south, range 8 east to the Mt. Hood National Forest
boundary at the west section line of section 26, township 2 south, range
7 east as a recreational river; to be administered by the Secretary of
Agriculture; and
(C) the 12.5-mile segment from the east boundary of sections 25 and
36, township 1 south, range 4 east in Clackamas County near Dodge Park,
downstream to the west line of the east half of the northeast quarter of
section 6, township 1 south, range 4 east, in Multnomah County at Dabney
State Park, the upper 3.8 miles as a scenic river and the lower 8.7
miles as a recreational river; both to be administered through a
cooperative management agreement between the State of Oregon, the
Secretary of the Interior and the Counties of Multnomah and Clackamas in
accordance with section 1281(e) of this title.
(101) South Fork John Day, Oregon. -- The 47-mile segment from the
Malheur National Forest to Smokey Creek as a recreational river; to be
administered by the Secretary of the Interior.
(102) Squaw Creek, Oregon. -- The 15.4-mile segment from its source
to the hydrologic Gaging Station 800 feet upstream from the intake of
the McAllister Ditch, including the Soap Fork Squaw Creek, the North
Fork, the South Fork, the East and West Forks of Park Creek, and Park
Creek Fork; to be administered by the Secretary of Agriculture as
follows:
(A) The 6.6-mile segment and its tributaries from the source to the
Three Sisters Wilderness boundary as a wild river; and
(B) the 8.8-mile segment from the boundary of the Three Sisters
Wilderness Area to the hydrologic Gaging Station 800 feet upstream from
the intake of the McAllister Ditch as a scenic river: Provided, That
nothing in this chapter shall prohibit the construction of facilities
necessary for emergency protection for the town of Sisters relative to a
rapid discharge of Carver Lake if no other reasonable flood warning or
control alternative exists.
(103) Sycan, Oregon. -- The 59-mile segment from the northeast
quarter of section 5, township 34 south, range 17 east to Coyote Bucket
at the Fremont National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 26.4-mile segment from the northeast quarter of section 5,
township 34 south, range 17 east to the west section line of section 22,
township 32 south, range 14 1/2 east, as a scenic river;
(B) the 8.6-mile segment from the west section line of section 22,
township 32 south, range 14 east, to the Fremont National Forest
boundary in the southeast quarter of section 10, township 33 south,
range 13 east, as a recreational river; and
(C) the 24-mile segment from the Fremont National Forest boundary in
the southwest quarter of section 10, township 33 south, range 13 east,
to Coyote Bucket at the Fremont National Forest boundary, as a scenic
river.
(104) Upper Rogue, Oregon. -- The 40.3-mile segment from the Crater
Lake National Park boundary to the Rogue River National Forest boundary;
to be administered by the Secretary of Agriculture in the following
classes:
(A) The 0.5-mile segment from the Crater Lake National Park boundary
to approximately 0.1-mile downstream from the forest road 6530760 (West
Lake Road) crossing as a scenic river;
(B) the 6.1-mile segment from approximately 0.1-mile downstream from
the forest road 6530760 (West Lake Road) crossing to Minehaha Creek as a
wild river; and
(C) the 33.7-mile segment from Minehaha Creek to the Rogue River
National Forest boundary as a scenic river.
(105) Wenaha, Oregon. -- The 21.55-mile segment from the confluence
of the North Fork and the South Fork to its confluence with the Grande
Ronde River; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 18.7-mile segment from the confluence of the North Fork and
South Fork to the Umatilla National Forest as a wild river;
(B) the 2.7-mile segment from the Umatilla National Forest boundary
to the easternmost boundary of the Wenaha State Wildlife Area as a
scenic area; and
(C) the 0.15-mile segment from the easternmost boundary of the Wenaha
State Wildlife Area to the confluence with the Grande Ronde River as a
recreational river.
(106) West Little Owyhee, Oregon. -- The 51-mile segment from its
headwaters to its confluence with Owyhee River as a wild river; to be
administered by the Secretary of the Interior.
(107) White, Oregon. -- The 46.5-mile segment from its headwaters to
its confluence with the Deschutes River in the following classes:
(A) The 2-mile segment from its headwaters to the section line
between sections 9 and 16, township 3 south, range 9 east, as a
recreational river; to be administered by the Secretary of Agriculture:
Provided, That designation and classification shall not preclude the
Secretary from exercising discretion to approve construction, operation,
and from exercising discretion to approve construction, operation, and
maintenance of ski lifts, ski runs, and associated facilities for the
land comprising the Mt. Hood Winter Sports Area insofar as such
construction does not involve water resource projects and is consistent
with protecting the values for which the river was designated.
(B) the 13.6-mile segment from the section line between sections 9
and 16, township 3 south, range 9 east, to Deep Creek as a recreational
river; to be administered by the Secretary of Agriculture;
(C) the 6.5-mile segment from Deep Creek to the Mt. Hood National
Forest boundary as a scenic river; to be administered by the Secretary
of Agriculture;
(D) the 17.5-mile segment from the Mt. Hood National Forest boundary
to Three Mile Creek as a scenic river; to be administered by the
Secretary of the Interior;
(E) the 5.3-mile segment from Three Mile Creek to River Mile 2.2 as a
recreational river; to be administered by the Secretary of the
Interior; and
(F) the 1.6-mile segment from River Mile 1.6 to its confluence with
the Deschutes River as a recreational river; to be administered by the
Secretary of the Interior.
(108) Rio Chama, New Mexico. -- The segment extending from El Vado
Ranch launch site (immediately south of El Vado Dam) downstream
approximately 24.6 miles to elevation 6,353 feet above mean sea level;
to be administered by the Secretary of Agriculture and the Secretary of
the Interior. For purposes of compliance with the planning requirements
of subsection (d) of this section, the Cooperative Management Plan for
the river prepared by the Secretary of Agriculture and the Secretary of
the Interior may be revised and amended to the extent necessary to
conform to the provisions of this chapter. The segment of the Rio Chama
beginning at the El Vado Ranch launch site downstream to the beginning
of Forest Service Road 151 shall be administered as a wild river and the
segment downstream from the beginning of Forest Service Road 151 to
elevation 6,353 feet shall be administered as a scenic river.
( ) /4/ East Fork of Jemez, New Mexico. -- The 11-mile segment from
the Santa Fe National Forest boundary to its confluence with the Rio San
Antonio; to be administered by the Secretary of Agriculture in the
following classifications:
(A) the 2-mile segment from the Santa Fe National Forest boundary to
the second crossing of State Highway 4, near Las Conchas Trailhead, as a
recreational river; and
(B) the 4-mile segment from the second crossing of State Highway 4,
near Las Conchas Trailhead, to the third crossing of State Highway 4,
approximately one and one-quarter miles upstream from Jemez Falls, as a
wild river; and
(C) the 5-mile segment from the third crossing of State Highway 4,
approximately one and one-quarter miles upstream from Jemez Falls, to
its confluence with the Rio San Antonio, as a scenic river.
After June 6, 1990, Federal lands within the boundaries of the
segments designated under this paragraph or which constitute the bed or
bank or are situated within one-quarter mile of the ordinary highwater
mark on each side of such segments are withdrawn, subject to valid
existing rights, from all forms of appropriation under the mining laws
and from operation of the mineral leasing laws of the United States, and
no patent may be issued for the surface estate with respect to any
mining claim located on such lands. Nothing in this paragraph shall be
construed as precluding mining operations on any valid existing claim,
subject to applicable regulations under section 1280 of this title.
( ) Pecos River, New Mexico. -- The 20.5-mile segment from its
headwaters to the townsite of Tererro; to be administered by the
Secretary of Agriculture in the following classifications:
(A) the 13.5-mile segment from its headwaters to the Pecos Wilderness
boundary, as a wild river; and
(B) the 7-mile segment from the Pecos Wilderness boundary to the
townsite of Tererro, as a recreational river.
After June 6, 1990, Federal lands within the boundaries of the
segments designated under this paragraph or which constitute the bed or
bank or are situated within one-quarter mile of the ordinary highwater
mark on each side of such segments are withdrawn, subject to valid
existing rights, from all forms of appropriation under the mining laws
and from operation of the mineral leasing laws of the United States, and
no patent may be issued for the surface estate with respect to any
mining claim located on such lands. Nothing in this paragraph shall be
construed as precluding mining operations on any valid existing claim,
subject to applicable regulations under section 1280 of this title.
( ) Smith River, California. -- The segment from the confluence of
the Middle Fork Smith River and the North Fork Smith River to the Six
Rivers National Forest boundary, including the following segments of the
mainstem and certain tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from the confluence of the Middle Fork Smith River
and the South Fork Smith River to the National Forest boundary, as a
recreational river.
(B) Rowdy Creek from the California-Oregon State line to the National
Forest boundary, as a recreational river.
( ) Middle Fork Smith River, California. -- The segment from the
headwaters to its confluence with the North Fork Smith River, including
the following segments of the mainstem and certain tributaries, to be
administered by the Secretary of Agriculture in the following classes:
(A) The segment from its headwaters about 3 miles south of Sanger
Lake, as depicted on the 1956 USGS 15 Preston Peak topographic map, to
the center of section 7, T. 17 N., R. 5 E., as a wild river.
(B) The segment from the center of section 7, T. 17 N., R. 5 E., to
the center of section 6, T. 17 N., R. 5 E., as a scenic river.
(C) The segment from the center of section 6, T. 17 N., R. 5 E., to
one-half mile upstream from its confluence with Knopki Creek, as a wild
river.
(D) The segment from one-half mile upstream of its confluence with
Knopki Creek to its confluence with the South Fork Smith River, as a
recreational river.
(E) Myrtle Creek from its headwaters in section 9, T. 17 N., R. 1
E., as depicted on the 1952 USGS 15 Crescent City topographic map, to
the middle of section 28, T. 17 N., R. 1 E., as a scenic river.
(F) Myrtle Creek from the middle of section 28, T. 17 N., R. 1 E.,
to its confluence with the Middle Fork Smith River, as a wild river.
(G) Shelly Creek from its headwaters in section 1, T. 18 N., R., 3
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with Patrick Creek, as a recreational river.
(H) Kelly Creek from its headwaters in section 32, T. 17 N., R. 3
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with the Middle Fork Smith River, as a scenic river.
(I) Packsaddle Creek from its headwaters about 0.8 miles southwest of
Broken Rib Mountain, as depicted on the 1956 USGS 15 Preston Peak
topographic map, to its confluence with the Middle Fork Smith River, as
a scenic river.
(J) East Fork Patrick Creek from its headwaters in section 10, T. 18
N., R. 3 E., as depicted on the 1951 USGS 15 Gasquet topographic map,
to its confluence with the West Fork of Patrick Creek, as a recreational
river.
(K) West Fork Patrick Creek from its headwaters in section 18, T. 18
N., R. 3 E., as depicted on the 1951 /5/ 15 Gasquet topographic map to
its confluence with the East Fork Patrick Creek, as a recreational
river.
(L) Little Jones Creek from its headwaters in section 34, T. 17 N.,
R. 3 E., as depicted on the 1951 USGS 15 Gasquet topographic map to its
confluence with the Middle Fork Smith River, as a recreational river.
(M) Griffin Creek from its headwaters about 0.2 miles southwest of
Hazel View Summit, as depicted on the 1956 USGS 15 Preston Peak
topographic map, to its confluence with the Middle Fork Smith River, as
a recreational river.
(N) Knopki Creek from its headwaters about 0.4 miles west of Sanger
Peak, as depicted on the 1956 USGS 15 Preston Peak topographic map, to
its confluence with the Middle Fork Smith River, as a recreational
river.
(O) Monkey Creek from its headwaters in the northeast quadrant of
section 12, T. 18 N., R. 3 E., as depicted on the 1951 USGS 15 Gasquet
topographic map, to its confluence with the Middle Fork Smith River, as
a recreational river.
(P) Patrick Creek from the junction of East and West Forks of Patrick
Creek to its confluence with Middle Fork Smith River, as a recreational
river.
(Q) Hardscrabble Creek from its headwaters in the northeast quarter
of section 2, T. 17 N., R. 1 E., as depicted on the 1952 USGS 15
Crescent City topographic map, to its confluence with the Middle Fork
Smith River, as a recreational river.
( ) North Fork Smith River, California. -- The segment from the
California-Oregon State line to its confluence with the Middle Fork
Smith River, including the following segments of the mainstem and
certain tributaries, to be administered by the Secretary of Agriculture
in the following classes:
(A) The segment from the California-Oregon State line to its
confluence with an unnamed tributary in the northeast quarter of section
5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15 Gasquet
topographic map, as a wild river.
(B) The segment from its confluence with an unnamed tributary in the
northeast quarter of section 5, T. 18 N., R. 2 E., to its southern-most
intersection with the eastern section line of section 5, T. 18 N., R. 2
E., as depicted on the 1951 USGS 15 Gasquet topographic map, as a
scenic river.
(C) The segment from its southern-most intersection with the eastern
section line of section 5, T. 18 N., R. 2 E., as depicted on the 1951
USGS 15 Gasquet topographic map, to its confluence with Stony Creek, as
a wild river.
(D) The segment from its confluence with Stony Creek to its
confluence with the Middle Fork Smith River, as a recreational river.
(E) Diamond Creek from California-Oregon State line to its confluence
with Bear Creek, as a recreational river.
(F) Diamond Creek from its confluence with Bear Creek to its
confluence with the North Fork Smith River, as a scenic river.
(G) Bear Creek from its headwaters in section 24, T. 18 N., R. 2 E.,
as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with Diamond Creek, as a scenic river.
(H) Still Creek from its headwaters in section 11, T. 18 N., R. 1
E., as depicted on the 1952 USGS 15 Crescent City topographic map, to
its confluence with the North Fork Smith River, as a scenic river.
(I) North Fork Diamond Creek from the California-Oregon State line to
its confluence with Diamond Creek, as a recreational river.
(J) High Plateau Creek from its headwaters in section 26, T. 18 N.,
R. 2 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to
its confluence with Diamond Creek, as a scenic river.
(K) Stony Creek from its headwaters in section 25, T. 18 N., R. 2
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with the North Fork Smith River, as a scenic river.
(L) Peridotite Creek from its headwaters in section 34, T. 18 N., R.
2 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with the North Fork Smith River, as a wild river.
( ) Siskiyou Fork Smith River, California. -- The segment from its
headwaters to its confluence with the Middle Fork Smith River, and the
following tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from its headwaters about 0.7 miles southeast of
Broken Rib Mountain, as depicted on the 1956 USGS 15 Preston Peak
Topographic /6/ map, to its confluence with the South Siskiyou Fork
Smith River, as a wild river.
(B) The segment from its confluence with the South Siskiyou Fork
Smith River to its confluence with the Middle Fork Smith River, as a
recreational river.
(C) South Siskiyou Fork Smith River from its headwaters about 0.6
miles southwest of Buck Lake, as depicted on the 1956 USGS 15 Preston
Peak topographic map, to its confluence with the Siskiyou Fork Smith
River, as a wild river.
( ) South Fork Smith River, California. -- The segment from its
headwaters to its confluence with the main stem of the Smith River, and
the following tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from its headwaters about 0.5 miles southwest of Bear
Mountain, as depicted on /7/ 1956 USGS 15 Preston Peak topographic map,
to Blackhawk Bar, as a wild river.
(B) The segment from Blackhawk Bar to its confluence with the main
stem of the Smith River, as a recreational river.
(C) Williams Creek from its headwaters in section 31, T. 14 N., R. 4
E., as depicted on the 1952 USGS 15 Ship Mountain topographic map, to
its confluence with Eightmile Creek, as a wild river.
(D) Eightmile Creek from its headwaters in section 29, T. 14 N., R.
4 E., as depicted on the 1955 USGS 15 Dillon Mtn. topographic map, to
its confluence with the South Fork Smith River, as a wild river.
(E) Harrington Creek from its source to its confluence with the South
Fork Smith River, as a wild river.
(F) Prescott Fork of the Smith River from its headwaters about 0.5
miles southeast of Island Lake, as depicted on the 1955 USGS 15 Dillon
Mtn. topographic map, to its confluence with the South Fork Smith
River, as a wild river.
(G) Quartz Creek from its headwaters in section 31, T. 16 N., R. 4
E., as depicted on the 1952 15 USGS Ship Mountain topographic map, to
its confluence with the South Fork Smith River, as a recreational river.
(H) Jones Creek from its headwaters in section 36, T. 16 N., R. 3
E., as depicted on the 1952 USGS 15 Ship Mountain topographic map, to
its confluence with the South Fork Smith River, as a recreational river.
(I) Hurdygurdy Creek from its headwaters about 0.4 miles southwest of
Bear Basin Butte as depicted on the 1956 USGS 15 Preston Peak
topographic map, to its confluence with the South Fork Smith River, as a
recreational river.
(J) Gordon Creek from its headwaters in section 18, T. 16 N., R. 3
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with the South Fork Smith River, as a recreational river.
(K) Coon Creek from the junction of its two headwaters tributaries in
the southeast quadrant of section 31, T. 17 N., R. 3 E., as depicted on
the 1951 USGS 15 Gasquet topographic map, to its confluence with the
South Fork Smith River, as a recreational river.
(L) Craigs Creek from its headwaters in section 36, T. 17 N., R. 2
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with the South Fork Smith River, as a recreational river.
(M) Goose Creek from its headwaters in section 13, T. 13 N., R. 2
E., as depicted on the 1952 USGS 15 Ship Mountain topographic map, to
its confluence with the South Fork Smith River, as a recreational river.
(N) East Fork Goose Creek from its headwaters in section 18, T. 13
N., R. 3 E., as depicted on the 1952 USGS 15 Ship Mountain topographic
map, to its confluence with Goose Creek, as a recreational river.
(O) Buck Creek from its headwaters at Cedar Camp Spring, as depicted
on the 1952 USGS 15 Ship Mountain topographic map, to the northeast
corner of section 8, T. 14 N., R. 3 E., as a scenic river.
(P) Buck Creek from the northeast corner of section 8, T. 14 N., R.
3 E., to its confluence with the South Fork Smith River, as a wild
river.
(Q) Muzzleloader Creek from its headwaters in section 2, T. 15 N.,
R. 3 E., as depicted on the 1952 USGS 15 Ship Mountain topographic map,
to its confluence with Jones Creek, as a recreational river.
(R) Canthook Creek from its headwaters in section 2, T. 15 N., R. 2
E., as depicted in /8/ the 1952 USGS 15 Ship Mountain topographic map,
to its confluence with the South Fork Smith River, as a recreational
river.
(S) Rock Creek from the national forest boundary in section 6, T. 15
N., R. 2 E., as depicted on the 1952 USGS 15 Ship Mountain topographic
map, to its confluence with the South Fork Smith River, as a
recreational river.
(T) Blackhawk Creek from its headwaters in section 21, T. 15 N., R.
2 E., as depicted on the 1952 USGS 15 Ship Mountain topographic map, to
its confluence with the South Fork Smith River, as a recreational river.
( ) Clarks Fork, Wyoming. -- (A) The twenty and five-tenths-mile
segment from the west boundary of section 3, township 56 north, range
106 west at the Crandall Creek Bridge downstream to the north boundary
of section 13, township 56 north, range 104 west at Clarks Fork Canyon;
to be administered by the Secretary of Agriculture as a wild river.
Notwithstanding subsection (b) of this section, the boundary of the
segment shall include all land within four hundred and forty yards from
the ordinary high water mark on both sides of the river. No land or
interest in land may be acquired with respect to the segment without the
consent of the owner thereof. For the purposes of carrying out this
paragraph, there is authorized to be appropriated $500,000 for
development and $750,000 for the acquisition of land and interests
therein.
(B) Designation of a segment of the Clarks Fork by this paragraph as
a component of the Wild and Scenic Rivers System shall not be utilized
in any Federal proceeding, whether concerning a license, permit,
right-of-way, or any other Federal action, as a reason or basis to
prohibit the development or operation of any water impoundment,
diversion facility, or hydroelectric power and transmission facility
located entirely downstream from the segment of the river designated by
this paragraph: Provided, That water from any development shall not
intrude upon such segment. Congress finds that development of water
impoundments, diversion facilities, and hydroelectric power and
transmission facilities located entirely downstream from the segment of
the river is not incompatible with its designation as a component of the
Wild and Scenic Rivers System.
(C) The Secretary of Agriculture is directed to apply for the
quantification of the water right reserved by the inclusion of a portion
of the Clarks Fork in the Wild and Scenic Rivers System in accordance
with the procedural requirements of the laws of the State of Wyoming:
Provided, That, notwithstanding any provision of the laws of the State
of Wyoming otherwise applicable to the granting and exercise of water
rights, the purposes for which the Clarks Fork is designated, as set
forth in this chapter and this paragraph, are declared to be beneficial
uses and the priority date of such right shall be November 28, 1990.
(D) The comprehensive management plan developed under subsection (d)
of this section for the segment designated by this paragraph shall
provide for all such measures as may be necessary in the control of
fire, insects, and diseases to fully protect the values for which the
segment is designated as a wild river.
( ) Niobrara, Nebraska. -- (A) The 40-mile segment from Borman Bridge
southeast of Valentine downstream to its confluence with Chimney Creek
and the 30-mile segment from the river's confluence with Rock Creek
downstream to the State Highway 137 bridge, both segments to be
classified as scenic and administered by the Secretary of the Interior.
That portion of the 40-mile segment designated by this subparagraph
located within the Fort Niobrara National Wildlife Refuge shall continue
to be managed by the Secretary through the Director of the United States
Fish and Wildlife Service.
(B) The 25-mile segment from the western boundary of Knox County to
its confluence with the Missouri River, including that segment of the
Verdigre Creek from the north municipal boundary of Verdigre, Nebraska,
to its confluence with the Niobrara, to be administered by the Secretary
of the Interior as a recreational river.
After consultation with State and local governments and the
interested public, the Secretary shall take such action as is required
under subsection (b) of this section.
( ) Missouri River, Nebraska and South Dakota. -- The 39-mile segment
from the headwaters of Lewis and Clark Lake to the Ft. Randall Dam, to
be administered by the Secretary of the Interior as a recreational
river.
( ) Bear Creek, Michigan. -- The 6.5-mile segment from Coates Highway
to the Manistee River, to be administered by the Secretary of
Agriculture as a scenic river.
( ) Black, Michigan. -- The 14-mile segment from the Ottawa National
Forest boundary to Lake Superior, to be administered by the Secretary of
Agriculture as a scenic river.
( ) Carp, Michigan. -- The 27.8-mile segment from the west section
line of section 30, township 43 north, range 5 west, to Lake Huron, to
be administered by the Secretary of Agriculture in the following
classes:
(A) The 2.3-mile segment from the west section line of section 30,
township 43 north, range 5 west, to Forest Development Road 3458 in
section 32, township 43 north, range 5 west, as a scenic river.
(B) The 6.5-mile segment from the Forest Development Road 3458 in
section 32, township 43 north, range 5 west, to Michigan State Highway
123, as a scenic river.
(C) The 7.5-mile segment from Michigan State Highway 123 to one
quarter of a mile upstream from Forest Development Road 3119, as a wild
river.
(D) The 0.5-mile segment from one quarter of a mile upstream of
Forest Development Road 3119 to one quarter mile downstream of Forest
Development Road 3119, as a scenic river.
(E) The 4.9-mile segment from one quarter of a mile downstream of
Forest Development Road 3119 to McDonald Rapids, as a wild river.
(F) The 6.1-mile segment from McDonald Rapids to Lake Huron, as a
recreational river.
( ) Indian, Michigan. -- The 51-mile segment from Hovey Lake to
Indian Lake to be administered by the Secretary of Agriculture in the
following classes:
(A) The 12-mile segment from Hovey Lake to Fish Lake, as a scenic
river.
(B) The 39-mile segment from Fish Lake to Indian Lake, as a
recreational river.
( ) Manistee, Michigan. -- The 26-mile segment from the Michigan DNR
boat ramp below Tippy Dam to the Michigan State Highway 55 bridge, to be
administered by the Secretary of Agriculture as a recreational river.
( ) Ontonagon, Michigan. -- Segments of certain tributaries, totaling
157.4 miles, to be administered by the Secretary of Agriculture as
follows:
(A) The 46-mile segment of the East Branch Ontonagon from its origin
at Spring Lake to the Ottawa National Forest boundary in the following
classes:
(i) The 20.5-mile segment from its origin at Spring Lake to its
confluence with an unnamed stream in section 30, township 48 north,
range 37 west, as a recreational river.
(ii) The 25.5-mile segment from its confluence with an unnamed stream
in section 30, township 48 north, range 37 west, to the Ottawa National
Forest boundary, as a wild river.
(B) The 59.4-mile segment of the Middle Branch Ontonagon, from its
origin at Crooked Lake to the northern boundary of the Ottawa National
Forest in the following classes:
(i) The 20-mile segment from its origin at Crooked Lake to Burned
Dam, as a recreational river.
(ii) The 8-mile segment from Burned Dam to Bond Falls Flowage, as a
scenic river.
(iii) The 8-mile segment from Bond Falls to Agate Falls, as a
recreational river.
(iv) The 6-mile segment from Agate Falls to Trout Creek, as a scenic
river.
(v) The 17.4-mile segment from Trout Creek to the northern boundary
of the Ottawa National Forest, as a wild river.
(C) The 37-mile segment of the Cisco Branch Ontonagon from its origin
at Cisco Lake Dam to its confluence with Ten-Mile Creek south of Ewen in
the following classes:
(i) The 10-mile segment from the origin of Cisco Branch Ontonagon at
Cisco Lake Dam to the County Road 527 crossing, as a recreational river.
(ii) The 27-mile segment from the Forest Development Road 527
crossing to the confluence of the Cisco Branch and Ten-Mile Creek, as a
scenic river.
(D) The 15-mile segment of the West Branch Ontonagon from its
confluence with Cascade Falls to Victoria Reservoir, in the following
classes:
(i) The 10.5-mile segment from its confluence with Cascade Falls to
its confluence with the South Branch Ontonagon, as a recreational river.
(ii) The 4.5-mile segment from its confluence with the South Branch
Ontonagon to Victoria Reservoir, as a recreational river.
Nothwithstanding /9/ any limitation contained in this chapter, the
Secretary is authorized to acquire lands and interests in lands which,
as of August 1, 1990, were owned by Upper Peninsula Energy Corporation,
and notwithstanding any such limitation, such lands shall be retained
and managed by the Secretary as part of the Ottawa National Forest, and
those lands so acquired which are within the boundaries of any segment
designated under this paragraph shall be retained and managed pursuant
to this chapter.
( ) Paint, Michigan. -- Segments of the mainstream and certain
tributaries, totaling 51 miles, to be administered by the Secretary of
Agriculture as follows:
(A) The 6-mile segment of the main stem from the confluence of the
North and South Branches Paint to the Ottawa National Forest boundary,
as a recreational river.
(B) The 17-mile segment of the North Branch Paint from its origin at
Mallard Lake to its confluence with the South Branch Paint, as a
recreational river.
(C) The 28-mile segment of the South Branch Paint from its origin at
Paint River Springs to its confluence with the North Branch Paint, as a
recreational river.
( ) Pine, Michigan. -- The 25-mile segment from Lincoln Bridge to the
east 1/16th line of section 16, township 21 north, range 13 west, to be
administered by the Secretary of Agriculture as a scenic river.
( ) Presque Isle, Michigan. -- Segments of the mainstream and certain
tributaries, totaling 57 miles, to be administered by the Secretary of
Agriculture as follows:
(A) The 23-mile segment of the mainstream, from the confluence of the
East and West Branches of Presque Isle to Minnewawa Falls, to be
classified as follows:
(i) The 17-mile segment from the confluence of the East and West
Branches Presque Isle to Michigan State Highway 28, as a recreational
river.
(ii) The 6-mile segment from Michigan State Highway 28 to Minnewawa
Falls, as a scenic river.
(B) The 14-mile segment of the East Branch Presque Isle within the
Ottawa National Forest, as a recreational river.
(C) The 7-mile segment of the South Branch Presque Isle within the
Ottawa National Forest, as a recreational river.
(D) The 13-mile segment of the West Branch Presque Isle within the
Ottawa National Forest, as a scenic river.
( ) Sturgeon, Hiawatha National Forest, Michigan. -- The 43.9-mile
segment from the north line of section 26, township 43 north, range 19
west, to Lake Michigan, to be administered by the Secretary of
Agriculture in the following classes:
(A) The 21.7-mile segment from the north line of section 26, township
43 north, range 19 west, to Forest Highway 13 as a scenic river.
(B) The 22.2-mile segment from Forest Highway 13 to Lake Michigan as
a recreational river.
( ) Sturgeon, Ottawa National Forest, Michigan. -- The 25-mile
segment from its entry into the Ottawa National Forest to the northern
boundary of the Ottawa National Forest, to be administered by the
Secretary of Agriculture in the following classes:
(A) The 16.5-mile segment from its entry into the Ottawa National
Forest to Prickett Lake, as a wild river.
(B) The 8.5-mile segment from the outlet of Prickett Lake Dam to the
northern boundary of the Ottawa National Forest, as a scenic river.
( ) East Branch of the Tahquamenon, Michigan. -- The 13.2-mile
segment from its origin in section 8, township 45 north, range 5 west,
to the Hiawatha National Forest boundary, to be administered by the
Secretary of Agriculture in the following classes:
(A) The 10-mile segment from its origin in section 8, township 45
north, range 5 west, to the center of section 20, township 46 north,
range 6 west, as a recreational river.
(B) The 3.2-mile segment from the center of section 20, township 46
north, range 6 west, to the boundary of the Hiawatha National Forest, as
a wild river.
( ) Whitefish, Michigan. -- Segments of the mainstream and certain
tributaries, totaling 33.6 miles, to be administered by the Secretary of
Agriculture as follows:
(A) The 11.1-mile segment of the mainstream from its confluence with
the East and West Branches of the Whitefish to Lake Michigan in the
following classes:
(i) The 9-mile segment from its confluence with the East and West
Branches of the Whitefish to the center of section 16, township 41
north, range 21 west, as a scenic river.
(ii) The 2.1-mile segment from the center of section 16, township 41
north, range 21 west, to Lake Michigan, as a recreational river.
(B) The 15-mile segment of the East Branch Whitefish from the
crossing of County Road 003 in section 6, township 44 north, range 20
west, to its confluence with the West Branch Whitefish, as a scenic
river.
(C) The 7.5-mile segment of the West Branch Whitefish from County
Road 444 to its confluence with the East Branch Whitefish, as a scenic
river.
( ) Yellow Dog, Michigan. -- The 4-mile segment from its origin at
the outlet of Bulldog Lake Dam to the boundary of the Ottawa National
Forest, to be administered by the Secretary of Agriculture as a wild
river.
( ) Allegheny, Pennsylvania. -- The segment from Kinzua Dam
downstream approximately 7 miles to the United States Route 6 Bridge,
and the segment from Buckaloons Recreation Area at Irvine, Pennsylvania,
downstream approximately 47 miles to the southern end of Alcorn Island
at Oil City, to be administered by the Secretary of Agriculture as a
recreational river through a cooperative agreement with the Commonwealth
of Pennsylvania and the counties of Warren, Forest, and Venango, as
provided under section 1281(e) of this title; and the segment from the
sewage treatment plant at Franklin downstream approximately 31 miles to
the refinery at Emlenton, Pennsylvania, to be administered by the
Secretary of Agriculture as a recreational river through a cooperative
agreement with the Commonwealth of Pennsylvania and Venango County, as
provided under section 1281(e) of this title.
( ) Big Piney Creek, Arkansas. -- The 45.2-mile segment from its
origin in section 27, township 13 north, range 23 west, to the Ozark
National Forest boundary, to be administered by the Secretary of
Agriculture as a scenic river.
( ) Buffalo River, Arkansas. -- The 15.8-mile segment from its origin
in section 22, township 14 north, range 24 west, to the Ozark National
Forest boundary, to be administered by the Secretary of Agriculture in
the following classes:
(A) The 6.4-mile segment from its origin in section 22, township 14
north, range 24 west, to the western boundary of the Upper Buffalo
Wilderness, as a scenic river.
(B) The 9.4-mile segment from the western boundary of the Upper
Buffalo Wilderness to the Ozark National Forest boundary, as a wild
river.
( ) Cossatot River, Arkansas. -- Segments of the main stem and
certain tributaries, totaling 20.1 miles, to be administered as follows:
(A) The 4.2-mile segment of the main stem from its confluence with
Mine Creek to the Caney Creek Wilderness Boundary on the north section
line of section 13, township 4 south, range 30 west, to be administered
by the Secretary of Agriculture as a recreational river.
(B) The 6.9-mile segment of the main stem from the Caney Creek
Wilderness Boundary on the north section line of section 13, township 4
south, range 30 west, to the south section line of section 20, township
4 south, range 30 west, to be administered by the Secretary of
Agriculture as a scenic river.
(C) The 4.4-mile segment of the Brushy Creek tributary from the north
line of the south 1/2 of the southeast 1/4 of section 7, township 4
south, range 30 west, to the south section line of section 20, township
4 south, range 30 west, to be administered by the Secretary of
Agriculture as a scenic river.
(D) The 4.6-mile segment of the main stem from the State Highway 4
bridge to Duchett's Ford, to be administered by the Secretary of the
Army as a scenic river consistent with the operation of Gillham Dam (as
authorized by section 203 of the Flood Control Act of 1958 (Public Law
85-500)). For purposes of management of such segment, the Secretary of
the Army may enter into a cooperative agreement or memorandum of
understanding or other appropriate arrangement with the Secretary of
Agriculture or an appropriate official of the State of Arkansas.
( ) Hurricane Creek, Arkansas. -- The 15.5-mile segment from its
origin in section 1, township 13 north, range 21 west, to its confluence
with Big Piney Creek, to be administered by the Secretary of Agriculture
in the following classes:
(A) The 11.8-mile segment from its origin in section 1, township 13
north, range 21 west, to the western boundary of the private land
bordering Hurricane Creek Wilderness, as a scenic river.
(B) The 2.4-mile segment from the western boundary of the private
land bordering the Hurricane Creek Wilderness to the Hurricane Creek
Wilderness boundary, as a wild river.
(C) The 1.3-mile segment from the Hurricane Creek Wilderness boundary
to its confluence with Big Piney Creek, as a scenic river.
( ) Little Missouri River, Arkansas. -- Segments totaling 15.7 miles,
to be administered by the Secretary of Agriculture in the following
classes:
(A) The 11.3-mile segment from its origin in the northwest 1/4 of
section 32, township 3 south, range 28 west, to the west section line of
section 22, township 4 south, range 27 west, as a scenic river.
(B) The 4.4-mile segment from the north line of the southeast 1/4 of
the southeast 1/4 of section 28, township 4 south, range 27 west, to the
north line of the northwest 1/4 of the southwest 1/4 of section 5,
township 5 south, range 27 west, as a wild river.
( ) Mulberry River, Arkansas. -- The 56.0-mile segment from its
origin in section 32, township 13 north, range 23 west, to the Ozark
National Forest boundary, to be administered by the Secretary of
Agriculture in the following classes:
(A) The 36.6-mile segment from its origin in section 32, township 13
north, range 23 west, to Big Eddy Hollow in section 3, township 11
north, range 27 west, as a recreational river.
(B) The 19.4-mile segment from Big Eddy Hollow in section 3, township
11 north, range 27 west, to the Ozark National Forest boundary, as a
scenic river.
( ) North Sylamore Creek, Arkansas. -- The 14.5-mile segment from the
Clifty Canyon Botanical Area boundary to its confluence with the White
River, to be administered by the Secretary of Agriculture as a scenic
river.
( ) Richland Creek, Arkansas. -- The 16.5-mile segment from its
origin in section 35, township 13 north, range 20 west, to the northern
boundary of section 32, township 14 north, range 18 west, to be
administered by the Secretary of Agriculture in the following classes:
(A) The 7.8-mile segment from its origin in section 35, township 13
north, range 20 west, to the western boundary of the Richland Creek
Wilderness, as a scenic river.
(B) The 5.3-mile segment from the western boundary of the Richland
Creek Wilderness to the eastern boundary of the Richland Creek
Wilderness, as a wild river.
(C) The 3.4-mile segment from the eastern boundary of the Richland
Creek Wilderness to the northern boundary of section 32, township 14
north, range 18 west, as a scenic river.
( ) Sespe Creek, California. -- The 4-mile segment of the main stem
of the creek from its confluence with Rock Creek and Howard Creek
downstream to its confluence with Trout Creek, to be administered by the
Secretary of Agriculture as a scenic river; and the 27.5-mile segment
of the main stem of the creek extending from its confluence with Trout
Creek downstream to where it leaves section 26, township 5 north, range
20 west, to be administered by the Secretary of Agriculture as a wild
river.
( ) Sisquoc River, California. -- The 33-mile segment of the main
stem of the river extending from its origin downstream to the Los Padres
Forest boundary, to be administered by the Secretary of Agriculture as a
wild river.
( ) Big Sur River, California. -- The main stems of the South Fork
and North Fork of the Big Sur River from their headwaters to their
confluence and the main stem of the river from the confluence of the
South and North Forks downstream to the boundary of the Ventana
Wilderness in Los Padres National Forest, for a total distance of
approximately 19.5 miles, to be administered by the Secretary of
Agriculture as a wild river.
( ) Great Egg Harbor, New Jersey. -- 39.5 miles of the main stem to
be administered by the Secretary of the Interior in the following
classifications:
(A) from the mouth of the Patcong Creek to the mouth of Perch Cove
Run, approximately 10 miles, as a scenic river;
(B) from Perch Cove Run to the Mill Street Bridge, approximately 5.5
miles, as a recreational river;
(C) from Lake Lenape to the Atlantic City Expressway, approximately
21 miles, as a recreational river; and
(D) from Williamstown-New Freedom Road to the Pennsylvania Railroad
right-of-way, approximately 3 miles, as a recreational river, and
89.5 miles of the following tributaries to be administered by the
Secretary of the Interior in the following classifications:
(E) Squankum Branch from its confluence with Great Egg Harbor River
to Malaga Road, approximately 4.5 miles, as a recreational river;
(F) Big Bridge Branch, from its confluence with Great Egg Harbor
River to headwaters, approximately 2.2 miles, as a recreational river;
(G) Penny Pot Stream Branch, from its confluence with Great Egg
Harbor River to 14th Street, approximately 4.1 miles, as a recreational
river;
(H) Deep Run, from its confluence with Great Egg Harbor River to
Pancoast Mill Road, approximately 5.4 miles, as a recreational river;
(I) Mare Run, from its confluence with Great Egg Harbor River to
Weymouth Avenue, approximately 3 miles, as a recreational river;
(J) Babcock Creek, from its confluence with Great Egg Harbor River to
headwaters, approximately 7.5 miles, as a recreational river;
(K) Gravelly Run, from its confluence with Great Egg Harbor River to
Pennsylvania Railroad Right-of-Way, /10/ approximately 2.7 miles, as a
recreational river;
(L) Miry Run, from its confluence with Great Egg Harbor River to
Asbury Road, approximately 1.7 miles, as a recreational river;
(M) South River, from its confluence with Great Egg Harbor River to
Main Avenue, approximately 13.5 miles, as a recreational river;
(N) Stephen Creek, from its confluence with Great Egg Harbor River to
New Jersey Route 50, approximately 2.3 miles, as a recreational river;
(O) Gibson Creek, from its confluence with Great Egg Harbor River to
First Avenue, approximately 5.6 miles, as a recreational river;
(P) English Creek, from its confluence with Great Egg Harbor River to
Zion Road, approximately 3.5 miles, as a recreational river;
(Q) Lakes Creek, from its confluence with Great Egg Harbor River to
the dam, approximately 2.2 miles, as a recreational river;
(R) Middle River, from its confluence with Great Egg Harbor River to
the levee, approximately 5.6 miles, as a scenic river;
(S) Patcong Creek, from its confluence with Great Egg Harbor River to
Garden State Parkway, approximately 2.8 miles, as a recreational river;
(T) Tuckahoe River (lower segment) from its confluence with Great Egg
Harbor River to the Route 50 bridge, /11/ approximately 9 miles, as a
scenic river;
(U) Tuckahoe River, from the Route 50 Bridge to Route 49 Bridge,
approximately 7.3 miles, as a recreational river; and
(V) Cedar Swamp Creek, from its confluence with Tuckahoe River to
headwaters, approximately 6 miles, as a scenic river.
(b) Establishment of boundaries; classification
The agency charged with the administration of each component of the
national wild and scenic rivers system designated by subsection (a) of
this section shall, within one year from the date of designation of such
component under subsection (a) of this section (except where a different
date if /12/ provided in subsection (a) of this section), establish
detailed boundaries therefor (which boundaries shall include an average
of not more than 320 acres of land per mile measured from the ordinary
high water mark on both sides of the river); and determine which of the
classes outlined in section 1273(b) of this title best fit the river or
its various segments.
Notice of the availability of the boundaries and classification, and
of subsequent boundary amendments shall be published in the Federal
Register and shall not become effective until ninety days after they
have been forwarded to the President of the Senate and the Speaker of
the House of Representatives.
(c) Public inspection of maps and descriptions
Maps of all boundaries and descriptions of the classifications of
designated river segments, and subsequent amendments to such boundaries,
shall be available for public inspection in the offices of the
administering agency in the District of Columbia and in locations
convenient to the designated river.
(d) Comprehensive management plan for protection of river values;
review of boundaries, classifications, and plans
(1) For rivers designated on or after January 1, 1986, the Federal
agency charged with the administration of each component of the National
Wild and Scenic Rivers System shall prepare a comprehensive management
plan for such river segment to provide for the protection of the river
values. The plan shall address resource protection, development of
lands and facilities, user capacities, and other management practices
necessary or desirable to achieve the purposes of this chapter. The
plan shall be coordinated with and may be incorporated into resource
management planning for affected adjacent Federal lands. The plan shall
be prepared, after consultation with State and local governments and the
interested public within 3 full fiscal years after the date of
designation. Notice of the completion and availability of such plans
shall be published in the Federal Register.
(2) For rivers designated before January 1, 1986, all boundaries,
classifications, and plans shall be reviewed for conformity within the
requirements of this subsection within 10 years through regular agency
planning processes.
(Pub. L. 90-542, 3, Oct. 2, 1968, 82 Stat. 907; Pub. L. 92-560, 2,
Oct. 25, 1972, 86 Stat. 1174; Pub. L. 93-279, 1(a), May 10, 1974, 88
Stat. 122; Pub. L. 94-199, 3(a), Dec. 31, 1975, 89 Stat. 1117; Pub.
L. 94-486, title I, 101, title II, 201, title III, 301, title VI,
601, Oct. 12, 1976, 90 Stat. 2327, 2329, 2330; Pub. L. 95-625, title
VII, 701-704(a), 705-708, 755, 763(a), Nov. 10, 1978, 92 Stat.
3521-3523, 3527-3529, 3533; Pub. L. 96-87, title IV, 401(p)(1), Oct.
12, 1979, 93 Stat. 666; Pub. L. 96-312, 9(a), July 23, 1980, 94 Stat.
952; Pub. L. 96-344, 16, Sept. 8, 1980, 94 Stat. 1137; Pub. L.
96-487, title VI, 601-603, Dec. 2, 1980, 94 Stat. 2412-2414; Pub. L.
96-580, Dec. 23, 1980, 94 Stat. 3370; Pub. L. 98-231, 1, Mar. 14,
1984, 98 Stat. 60; Pub. L. 98-406, title I, 104, Aug. 28, 1984, 98
Stat. 1491; Pub. L. 98-425, title II, 201, Sept. 28, 1984, 98 Stat.
1632; Pub. L. 98-444, Oct. 4, 1984, 98 Stat. 1714; Pub. L. 98-494,
1, Oct. 19, 1984, 98 Stat. 2274; Pub. L. 99-530, 1, Oct. 27, 1986,
100 Stat. 3021; Pub. L. 99-590, title I, 101, title IV, 401, title V,
501, title VI, 601, Oct. 30, 1986, 100 Stat. 3330, 3334, 3337; Pub.
L. 99-663, 13(c), Nov. 17, 1986, 100 Stat. 4294; Pub. L. 100-149, 1,
Nov. 2, 1987, 101 Stat. 879; Pub. L. 100-150, 1, Nov. 3, 1987, 101
Stat. 881; Pub. L. 100-174, Nov. 24, 1987, 101 Stat. 924; Pub. L.
100-534, title III, 301, title V, 501, Oct. 26, 1988, 102 Stat. 2706,
2708; Pub. L. 100-547, title I, 101, Oct. 28, 1988, 102 Stat. 2736;
Pub. L. 100-554, 1, Oct. 28, 1988, 102 Stat. 2776; Pub. L. 100-557,
title I, 102, Oct. 28, 1988, 102 Stat. 2782; Pub. L. 100-633, 1, Nov.
7, 1988, 102 Stat. 3320; Pub. L. 100-668, title V, 501, Nov. 16, 1988,
102 Stat. 3967; Pub. L. 101-40, 2(a), June 20, 1989, 103 Stat. 81;
Pub. L. 101-306, 2, June 6, 1990, 104 Stat. 260; Pub. L. 101-612,
10(b), Nov. 16, 1990, 104 Stat. 3215; Pub. L. 101-628, title XIII,
1302, Nov. 28, 1990, 104 Stat. 4509; Pub. L. 102-50, 2, May 24, 1991,
105 Stat. 254; Pub. L. 102-249, 3, Mar. 3, 1992, 106 Stat. 45; Pub.
L. 102-271, 1, Apr. 20, 1992, 106 Stat. 108; Pub. L. 102-275, 2, Apr.
22, 1992, 106 Stat. 123; Pub. L. 102-301, 6, June 19, 1992, 106 Stat.
245; Pub. L. 102-432, 1, Oct. 23, 1992, 106 Stat. 2212; Pub. L.
102-536, 1, Oct. 27, 1992, 106 Stat. 3528.)
Section 704(c) of the National Parks and Recreation Act of 1978,
referred to in subsec. (a)(19), is section 704(c), Pub. L. 95-625,
Nov. 10, 1978, 92 Stat. 3524, which is set out under this section in a
note captioned ''Upper Delaware Segment Special Provisions''.
The Act establishing the Delaware Water Gap National Recreation Area,
referred to in subsec. (a)(20), is Pub. L. 89-158, Sept. 1, 1965, 79
Stat. 612, which is classified generally to subchapter LXXIII ( 460o et
seq.) of chapter 1 of this title. For complete classification of this
Act to the Code, see Tables.
The Raker Act, referred to in subsec. (a)(53), is act Dec. 19,
1913, ch. 4, 38 Stat. 242, which is not classified to the Code.
The Federal Advisory Committee Act, referred to in subsec.
(a)(67)(B)(vii), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5, Government
Organization and Employees.
Section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of 1988,
referred to in subsec. (a)(73)(E) and (85)(B), is section 105 of Pub.
L. 100-557, which is set out as a note below.
The mining laws, referred to in subsec. (a), in par. (62)(C) and in
unnumbered pars. relating to East Fork of Jemez, New Mexico, and Pecos
River, New Mexico, are classified generally to Title 30, Mineral Lands
and Mining.
Mineral leasing laws, referred to in subsec. (a), in par. (62)(C)
and in unnumbered pars. relating to East Fork of Jemez, New Mexico, and
Pecos River, New Mexico, 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.
Section 203 of the Flood Control Act of 1958, referred to in subsec.
(a), in unnumbered par. relating to Cossatot River, Arkansas, is
section 203 of Pub. L. 85-500, title II, July 3, 1958, 72 Stat. 305,
which is not classified to the Code.
1992 -- Subsec. (a). Pub. L. 102-536 added unnumbered par. relating
to Great Egg Harbor, New Jersey.
Pub. L. 102-301 added unnumbered pars. relating to the following
rivers in California: Sespe Creek, Sisquoc River, and Big Sur River.
Pub. L. 102-275 added unnumbered pars. relating to the following
rivers in Arkansas: Big Piney Creek, Buffalo River, Cossatot River,
Hurricane Creek, Little Missouri River, Mulberry River, North Sylamore
Creek, and Richland Creek.
Pub. L. 102-271 added unnumbered par. relating to Allegheny River,
Pennsylvania.
Pub. L. 102-249 added unnumbered pars. relating to the following
rivers in Michigan: Bear Creek, Black, Carp, Indian, Manistee,
Ontonagon, Paint, Pine, Presque Isle, Sturgeon (Hiawatha National
Forest), Sturgeon (Ottawa National Forest), East Branch of the
Tahquamenon, Whitefish, and Yellow Dog.
Subsec. (a)(62). Pub. L. 102-432 designated existing provisions as
subpar. (A), substituted ''subparagraph'' for ''paragraph'' in two
places, and added subpars. (B) and (C).
1991 -- Subsec. (a). Pub. L. 102-50 added unnumbered pars. relating
to Niobrara River, Nebraska, and Missouri River, Nebraska and South
Dakota.
1990 -- Subsec. (a). Pub. L. 101-628 added unnumbered par. relating
to Clarks Fork, Wyoming.
Pub. L. 101-612 added unnumbered pars. relating to the following
California rivers: Smith River, Middle Fork Smith River, North Fork
Smith River, Siskiyou Fork Smith River, and South Fork Smith River.
Pub. L. 101-306 added unnumbered pars. relating to East Fork of
Jemez, New Mexico, and Pecos River, New Mexico.
1989 -- Subsec. (a)(62). Pub. L. 101-40, 2(a)(1), (2), designated
unnumbered paragraph relating to Merced River, California, as par. (62)
and redesignated former par. (62) as (63).
Subsec. (a)(63). Pub. L. 101-40, 2(a)(2), redesignated former par.
(62), relating to Kings River, California, as (63).
Subsec. (a)(64). Pub. L. 101-40, 2(a)(3), designated unnumbered
paragraph relating to Kern River, California, as par. (64).
Subsec. (a)(65). Pub. L. 101-40, 2(a)(4), (6), designated unnumbered
paragraph relating to Bluestone River, West Virginia, as par. (65) and
redesignated former par. (65) as (67).
Subsec. (a)(66). Pub. L. 101-40, 2(a)(5), designated unnumbered
paragraph relating to Sipsey Fork of the West Fork River, Alabama, as
par. (66).
Subsec. (a)(67). Pub. L. 101-40, 2(a)(6), redesignated former par.
(65), relating to Wildcat River, New Hampshire, as (67).
Subsec. (a)(68) to (107). Pub. L. 101-40, 2(a)(7), designated
unnumbered paragraphs relating to rivers in Oregon as pars. (68) to
(107).
Subsec. (a)(108). Pub. L. 101-40, 2(a)(8), designated unnumbered
paragraph relating to Rio Chama River, New Mexico, as par. (108).
1988 -- Subsec. (a). Pub. L. 100-633 added unnumbered par. relating
to Rio Chama, New Mexico.
Pub. L. 100-557 added unnumbered pars. relating to the following
rivers in Oregon: Big Marsh Creek, Chetco, Clackamas, Crescent Creek,
Crooked, Deschutes, Donner und Blitzen, Eagle Creek, Elk, Grande Ronde,
Imnaha, John Day, Joseph Creek, Little Deschutes, Lostine, Malheur,
McKenzie, Metolius, Minam, North Fork Crooked, North Fork John Day,
North Fork Malheur, North Fork of the Middle Fork of the Willamette,
North Fork Owyhee, North Fork Smith, North Fork Sprague, North Powder,
North Umpqua, Powder, Quartzville Creek, Roaring, Salmon, Sandy, South
Fork John Day, Squaw Creek, Sycan, Upper Rogue, Wenaha, West Little
Owyhee, and White.
Pub. L. 100-547 added unnumbered par. relating to Sipsey Fork of the
West Fork, Alabama.
Pub. L. 100-534, 301, added unnumbered par. relating to Bluestone,
West Virginia.
Subsec. (a)(60). Pub. L. 100-668 inserted sentence describing
boundaries of Klickitat River.
Subsec. (a)(65). Pub. L. 100-554 added par. (65) relating to Wildcat
River, New Hampshire.
Subsec. (b). Pub. L. 100-534, 501, amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''The agency charged
with the administration of each component of the national wild and
scenic rivers system designated by subsection (a) of this section shall,
within one year from the date of designation of such component under
subsection (a) of this section (except where a different date is
provided in subsection (a) of this section), establish detailed
boundaries therefor (which boundaries shall include an average of not
more than 320 acres of land per mile measured from the ordinary high
water mark on both sides of the river); determine which of the classes
outlined in section 1273(b) of this title best fit the river or its
various segments. Notice of the availability of the boundaries and
classification, and of subsequent boundary amendments shall be published
in the Federal Register and shall not become effective until ninety days
after they have been forwarded to the President of the Senate and the
Speaker of the House of Representatives.''
1987 -- Subsec. (a). Pub. L. 100-174 added unnumbered par. relating
to North and South Fork of the Kern River, California.
Pub. L. 100-149 added unnumbered par. relating to Merced,
California.
Subsec. (a)(56) to (61). Pub. L. 100-150, 1(b), redesignated former
par. (56), relating to Cache la Poudre, as (57), former par. (57),
relating to Saline Bayou, as (58), former par. (58), relating to Black
Creek, as (59), and designated pars. relating to Klickitat and White
Salmon as pars. (60) and (61), respectively.
Subsec. (a)(62). Pub. L. 100-150, 1(a), added par. (62).
1986 -- Subsec. (a)(51) to (55). Pub. L. 99-530 and Pub. L.
99-590, 501(a), amended subsec. (a) identically, redesignating the
pars. relating to the Au Sable River, the Tuolumne River, the Illinois
River, and the Owyhee River as pars. (52) through (55), respectively.
Subsec. (a)(56). Pub. L. 99-590, 101, added par. (56) appearing
second relating to Cache la Poudre, Colorado.
Pub. L. 99-530 added par. (56) appearing first relating to
Horsepasture, North Carolina.
Subsec. (a)(57), (58). Pub. L. 99-590, 401, 601, added pars. (57)
and (58).
Subsec. (a)(59), (60). Pub. L. 99-663 added two unnumbered pars.,
relating to Klickitat, Washington, and White Salmon, Washington, which
were editorially designated as pars. (59) and (60), respectively.
Subsec. (b). Pub. L. 99-590, 501(b)(1)(A), substituted ''one year
from the date of designation of such component under subsection (a) of
this section'' for ''one year from October 2, 1968''.
Pub. L. 99-590, 501(b)(1)(B), which directed the amendment of
subsec. (b) as follows: ''Strike out the second parenthetical
statement, '(which boundaries shall include an average of not more than
320 acres of land per mile measured from the ordinary high water mark on
both sides of the river)''', could not be executed because the quoted
parenthetical statement did not appear in text. Rather, the amendment
was executed by substituting the quoted parenthetical for ''(which
boundaries shall include an average of not more than three hundred and
twenty acres per mile on both sides of the river)'' as the probable
intent of Congress in view of the directory wording in H.R. 4350 as
introduced, reported, and passed by the House on Apr. 8, 1986, which
read: ''Strike out the second parenthetical statement and substitute
the parenthetical statement''.
Pub. L. 99-590, 501(b)(1)(C), struck out ''; and prepare a plan for
necessary developments in connection with its administration in
accordance with such classification'' after ''its various segments''.
Pub. L. 99-590, 501(b)(2), substituted ''Notice of the availability
of the boundaries and classification, and of subsequent boundary
amendments'' for ''Said boundaries, classification, and development
plans''.
Subsecs. (c), (d). Pub. L. 99-590, 501(b)(3), added subsecs. (c)
and (d).
1984 -- Subsec. (a)(16). Pub. L. 98-444, 1, inserted
''Notwithstanding any other provision of this chapter, the installation
and operation of facilities or other activities within or outside the
boundaries of the Pere Marquette Wild and Scenic River for the control
of the lamprey eel should be permitted subject to such restrictions and
conditions as the Secretary of Agriculture may prescribe for the
protection of water quality and other values of the river, including the
wild and scenic characteristics of the river.''
Subsec. (a)(51). Pub. L. 98-444, 2, added par. (51) set out second
relating to Au Sable, Michigan.
Pub. L. 98-406 added par. (51) appearing first relating to Verde,
Arizona.
Subsec. (a)(52). Pub. L. 98-494 added par. (52) appearing second
relating to Illinois, Oregon.
Pub. L. 98-425 added par. (52) appearing first relating to Tuolumne,
California.
Subsec. (a)(53). Pub. L. 98-494 added par. (53).
1980 -- Subsec. (a)(6). Pub. L. 96-580 authorized acquisition of
part of Velie Estate acreage.
Subsec. (a)(22). Pub. L. 96-344 substituted in provision following
subpar. (B) ''which shall be established'' for ''which may be
established''.
Subsec. (a)(24). Pub. L. 96-312 added par. (24).
Subsec. (a)(25) to (37). Pub. L. 96-487, 601, added pars. (25) to
(37).
Subsec. (a)(38) to (43). Pub. L. 96-487, 602, added pars. (38) to
(43).
Subsec. (a)(44) to (50). Pub. L. 96-487, 603, added pars. (44) to
(50).
1979 -- Subsec. (a)(19). Pub. L. 96-87 substituted ''section 704(c)
of the National Parks and Recreation Act of 1978'' for ''section 705(c)
of the National Parks and Recreation Act of 1978''.
1978 -- Subsec. (a)(10). Pub. L. 95-625, 755, increased
appropriations authorization for Chattooga River to $5,200,000 from
$2,000,000.
Subsec. (a)(16) to (23). Pub. L. 95-625, 701-703, 704(a), 705-708,
added pars. (16) to (23).
Subsec. (b). Pub. L. 95-625, 763(a), inserted ''(except where a
different date is provided in subsection (a) of this section)'' after
''one year from October 2, 1968''.
1976 -- Subsec. (a)(3). Pub. L. 94-486, 601, inserted ''downstream
from the confluence of its tributary streams one kilometer south of
Beckwourth, California;'' after ''entire Middle Fork''.
Subsec. (a)(13). Pub. L. 94-486, 101, added par. (13).
Subsec. (a)(14). Pub. L. 94-486, 201, added par. (14).
Subsec. (a)(15). Pub. L. 94-486, 301, added par. (15).
1975 -- Subsec. (a)(11), (12). Pub. L. 94-199 added pars. (11) and
(12).
1974 -- Subsec. (a)(10). Pub. L. 93-279 added par. (10).
1972 -- Subsec. (a)(9). Pub. L. 92-560 added par. (9).
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.
''Frank Church -- River of No Return Wilderness'' substituted in
subsec. (a)(24)(D) for ''River of No Return Wilderness'' pursuant to
Pub. L. 98-231, 1, Mar. 14, 1984, 98 Stat. 60, which redesignated
the River of No Return Wilderness as the Frank Church -- River of No
Return Wilderness.
Segments of Great Egg Harbor River
Section 2 of Pub. L. 102-536 provided for administration of Wild and
Scenic River segments of Great Egg Harbor River, New Jersey, review of
local river management plans, biennial review of compliance with local
river management plans, reports to Congress on deviations from such
plans which could diminish value of river segments, and authorization of
appropriations.
and Brushy Creek
Section 3 of Pub. L. 102-275 provided that 10.4-mile segment of the
Cossatot River and 0.3-mile segment of the Brushy Creek tributary were
to be managed by the State of Arkansas as parts of the Wild and Scenic
Rivers System.
as Wild and Scenic River; Advisory Councils;
Administration; Authorization of Appropriations
Sections 1, 2, 3, and 6 of Pub. L. 102-271 provided that the
designated portions of the Allegheny River were so designated in order
to preserve and protect for present and future generations outstanding
scenic, natural, recreational, scientific, historic, and ecological
values and to protect, preserve, and enhance the fisheries resources
associated with the designated segments, directed the Secretary of
Agriculture to establish advisory councils to advise the Secretary on
the establishment of final boundaries and management of river segments,
directed the Secretary of Agriculture to take the necessary steps for
the administration of the designated river segments, and authorized the
appropriation of the funds necessary to carry out Pub. L. 102-271,
which amended sections 1274 and 1276 of this title.
Section 6 of Pub. L. 102-249 provided that Pub. L. 102-249, the
Michigan Scenic Rivers Act of 1991, did not enlarge, diminsh, or modify
responsibilities of the State of Michigan regarding hunting, fishing,
and trapping with reference to designated river segments, that
facilities and activities for control of sea lamprey were allowed, that
traditional public access routes to designated river segments were to be
maintained with conditions, and that the Act did not enlarge, diminish,
or modify the limitation on land acquisition contained in section
1277(b) of this title.
Component of National Wild and Scenic Rivers System
Section 3(b) of Pub. L. 102-50 provided that: ''If, within 5 years
after the date of enactment of this Act (May 24, 1991), funds are not
authorized and appropriated for the construction of a water resources
project on the 6-mile segment of the Niobrara River from its confluence
with Chimney Creek to its confluence with Rock Creek, at the expiration
of such 5-year period the 6-mile segment shall be designated as a
component of the National Wild and Scenic Rivers System by operation of
law, to be administered by the Secretary of the Interior in accordance
with sections 4 and 5 of this Act (see below) and the applicable
provisions of the Wild and Scenic Rivers Act (16 U.S.C. 1271-1287). The
Secretary of the Interior shall publish notification to that effect in
the Federal Register.''
Section 605g of Pub. L. 96-487 provided for administration of Wild
and Scenic River segments of following Alaska rivers: Alagnak, Beaver
Creek, Delta, Fortymile, Alatna, Aniakchak, Charley, Chilikadrotna,
John, Kobuk, Mulchatna, Noatak, North Fork of the Koyukuk, Salmon,
Tinayguk, Tlikakila, Andreafsky, Ivishak, Nowitna, Selawik, Sheenjeck,
Wind, Birch Creek, Gulkana, Unalakleet, Mosquito Fork, Champion Creek,
Middle Fork, O'Brien Creek, Napoleon Creek, Franklin Creek, Uhler Creek,
Walker Fork, West Fork, Dennison Fork, Logging Cabin Creek, Hutchinson
Creek.
Segments of Cache la Poudre River; Noninterference
With Existing Decreed Water Rights
Section 102 of Pub. L. 99-590 provided that inclusion of designated
portions of Cache la Poudre River in Wild and Scenic Rivers System did
not interfere with exercise of existing decreed water rights to water
which had theretofore been stored or diverted by means of present
capacity of storage, conveyance, or diversion structures that existed as
of Oct. 30, 1986, or operation and maintenance of such structures, nor
could inclusion of designated portions of Cache la Poudre River in Wild
and Scenic Rivers System be utilized in any Federal proceeding, whether
concerning a license, permit, right-of-way, or other Federal action, as
a reason or basis to prohibit development or operation of any water
impoundments, diversion facilities, and hydroelectric power and
transmission facilities below Poudre Park located entirely downstream
from and potentially affecting designated portions of Cache la Poudre
River, or relocation of highway 14 to any point east of the north-south
half section line of section 2, township 8 north, range 71 west of the
sixth principal meridian, as necessary to provide access to Poudre Park
around such facilities.
River Segments of Snake River and Rapid River
Section 3(b) of Pub. L. 94-199 provided for administration of Wild
and Scenic River segments of Snake River, Idaho and Oregon, and Rapid
River, Idaho.
Scenic River of Lower Saint Croix River
Sections 3-6 of Pub. L. 92-560 provided for administration of Wild
and Scenic River segments of Lower Saint Croix River along
Minnesota-Wisconsin border, acquisition of property, maintenance of
navigation rights, and authorization of appropriations.
on River Segments
Pub. L. 100-677, 1, Nov. 17, 1988, 102 Stat. 4407, prohibited
Federal Energy Regulatory Commission from issuing any preliminary
permit, license, or exemption from licensing for construction of any
dam, diversion or bypass under Federal Power Act (41 Stat. 1063), as
amended (see section 791a of this title), on: (1) the Salmon River,
Idaho, from Long Tom Bar to the confluence of the Snake River, or (2)
the Snake River, Idaho, from the eastward extension of the north
boundary of section 1, township 5 north, range 47 east, Willamette
Meridian to the pool formed behind Lower Granite Dam, and provided that
no dam may be constructed on those segments of the Salmon or Snake
Rivers.
Corridor
Pub. L. 102-220, 3, Dec. 11, 1991, 105 Stat. 1674, authorized
Secretary to manage lands, waters, and interests within The Eleven Point
Wild and Scenic Corridor pursuant to the provisions of this chapter.
See section 3 of Pub. L. 102-220 set out as a note under section 539h
of this title.
of Missouri River
Section 202 and 203 of Pub. L. 94-486, as amended Pub. L. 100-552,
5, Oct. 28, 1988, 102 Stat. 2768, provided for administration of wild
and scenic river segment of the Missouri River known as Missouri Breaks
Freeflowing River segment, establishment of detailed boundaries,
acquisition of lands and interests in lands, and construction of visitor
facilities in or near Fort Benton.
Scenic River Segment of Upper Delaware River
Section 704(b)-(j) of Pub. L. 95-625, as amended Pub. L. 96-87,
title IV, 401(p)(2), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100-412,
1, Aug. 22, 1988, 102 Stat. 1100, provided for administration of Upper
Delaware River along New York-Pennsylvania border between Hancock, New
York, and Sparrow Bush, New York, including creation of Upper Delaware
Citizens Advisory Council.
Authorization of Appropriations for Wild and Scenic
River Segments
Sections 105 and 106 of Pub. L. 100-557 provided for administration
of, and authorization of appropriations for, segments of the following
Oregon rivers: Big Marsh Creek, Chetco, Clackamas, Crescent Creek,
Crooked, Deschutes, Donner and Blitzen, Eagle Creek, Elk, Grant Ronde,
Imnaha, John Day, Joseph Creek, Little Deschutes, Lostine, Malheur,
McKenzie, Metolius, Minam, North Fork Crooked, North Fork John Day,
North Fork Malheur, North Fork of the Middle Fork of the Millamette,
North Fork Owyhee, North Fork Smith, North Fork Sprague, North Powder,
North Umpqua, Powder, Quartzville Creek, Roaring, Salmon, Sandy, South
Fork John Day, Squaw Creek, Sycan, Upper Rogue, Wenaha, West Little
Owyhee, and White.
Scenic River Segments of Niobrara and Missouri Rivers
Sections 4 to 7 and 9 of Pub. L. 102-50, set acreage limits on lands
acquired by Secretary of the Interior along the segments of the Niobrara
River designated under section 2 of Pub. L. 102-50, provided for
establishment of the Niobrara Scenic River Advisory Commission, required
establishment of a recreational river advisory group by Secretary to be
consulted in the administration of the segment of the Missouri River
designated under section 2 of Pub. L. 102-50, directed that the
designation of the river segment not place any additional requirements
on placement of bridges, authorized use of erosion control techniques to
protect water resource values along designated river segment, called for
study of feasibility and suitability of possible designation of lands in
Knox and Boyd Counties, Nebraska, as a national recreation area, and
authorized appropriation of sums necessary to carry out provisions of
Pub. L. 102-50.
Bluestone and Meadow Rivers; Public Awareness Program
Section 403 of Pub. L. 100-534 directed Secretary of the Interior to
establish a public awareness program to be carried out in Mercer,
Nicholas, and Greenbrier Counties, West Virginia, in cooperation with
State and local agencies, landowners, and other concerned organizations,
to further public understanding of the effects of designation as
components of National Wild and Scenic Rivers System of segments of
Bluestone and Meadow Rivers which were found eligible in studies
completed by National Park Service in August 1983 but which were not
designated as units of such system, with Secretary to submit a report to
Committee on Interior and Insular Affairs of United States House of
Representatives and to Committee on Energy and Natural Resources of
United States Senate by Dec. 31, 1992, describing the program.
/1/ So in original. Probably should be ''Comanche''.
/2/ So in original. Probably should be ''on''.
/3/ So in original. Probably should be ''to be administered by''.
/4/ So in original. This and succeeding paragraphs added without
identifying numbers.
/5/ So in original. Probably should be ''1951 USGS''.
/6/ So in original. Probably should not be capitalized.
/7/ So in original. Probably should be ''on the''.
/8/ So in original. Probably should be ''on''.
/9/ So in original. Probably should be ''Notwithstanding''.
/10/ So in original. Probably should not be capitalized.
/11/ So in original. Probably should be capitalized.
/12/ So in original. Probably should be ''is''.
16 USC 1275. Additions to national wild and scenic rivers system
TITLE 16 -- CONSERVATION
(a) Reports by Secretaries of the Interior and Agriculture;
recommendations to Congress; contents of reports
The Secretary of the Interior or, where national forest lands are
involved, the Secretary of Agriculture or, in appropriate cases, the two
Secretaries jointly shall study and submit to the President reports on
the suitability or nonsuitability for addition to the national wild and
scenic rivers system of rivers which are designated herein or hereafter
by the Congress as potential additions to such system. The President
shall report to the Congress his recommendations and proposals with
respect to the designation of each such river or section thereof under
this chapter. Such studies shall be completed and such reports shall be
made to the Congress with respect to all rivers named in section 1276(a)
(1) through (27) of this title no later than October 2, 1978. In
conducting these studies the Secretary of the Interior and the Secretary
of Agriculture shall give priority to those rivers (i) with respect to
which there is the greatest likelihood of developments which, if
undertaken, would render the rivers unsuitable for inclusion in the
national wild and scenic rivers system, and (ii) which possess the
greatest proportion of private lands within their areas. Every such
study and plan shall be coordinated with any water resources planning
involving the same river which is being conducted pursuant to the Water
Resources Planning Act (42 U.S.C. 1962 et seq.).
Each report, including maps and illustrations, shall show among other
things the area included within the report; the characteristics which
do or do not make the area a worthy addition to the system; the current
status of land ownership and use in the area; the reasonably
foreseeable potential uses of the land and water which would be
enhanced, foreclosed, or curtailed if the area were included in the
national wild and scenic rivers system; the Federal agency (which in
the case of a river which is wholly or substantially within a national
forest, shall be the Department of Agriculture) by which it is proposed
the area, should it be added to the system, be administered; the extent
to which it is proposed that such administration, including the costs
thereof, be shared by State and local agencies; and the estimated cost
to the United States of acquiring necessary lands and interests in land
and of administering the area, should it be added to the system. Each
such report shall be printed as a Senate or House document.
(b) Study of report by affected Federal and State officials;
recommendations and comments; transmittal to President and Congress
Before submitting any such report to the President and the Congress,
copies of the proposed report shall, unless it was prepared jointly by
the Secretary of the Interior and the Secretary of Agriculture, be
submitted by the Secretary of the Interior to the Secretary of
Agriculture or by the Secretary of Agriculture to the Secretary of the
Interior, as the case may be, and to the Secretary of the Army, the
Secretary of Energy, the head of any other affected Federal department
or agency and, unless the lands proposed to be included in the area are
already owned by the United States or have already been authorized for
acquisition by Act of Congress, the Governor of the State or States in
which they are located or an officer designated by the Governor to
receive the same. Any recommendations or comments on the proposal which
the said officials furnish the Secretary or Secretaries who prepared the
report within ninety days of the date on which the report is submitted
to them, together with the Secretary's or Secretaries' comments thereon,
shall be included with the transmittal to the President and the
Congress.
(c) Publication in Federal Register
Before approving or disapproving for inclusion in the national wild
and scenic rivers system any river designated as a wild, scenic or
recreational river by or pursuant to an act of a State legislature, the
Secretary of the Interior shall submit the proposal to the Secretary of
Agriculture, the Secretary of the Army, the Secretary of Energy, and the
head of any other affected Federal department or agency and shall
evaluate and give due weight to any recommendations or comments which
the said officials furnish him within ninety days of the date on which
it is submitted to them. If he approves the proposed inclusion, he
shall publish notice thereof in the Federal Register.
(d) Areas comprised by boundaries; scope of study report
The boundaries of any river proposed in section 1276(a) of this title
for potential addition to the National Wild and Scenic Rivers System
shall generally comprise that area measured within one-quarter mile from
the ordinary high water mark on each side of the river. In the case of
any designated river, prior to publication of boundaries pursuant to
section 1274(b) of this title, the boundaries also shall comprise the
same area. This subsection shall not be construed to limit the possible
scope of the study report to address areas which may lie more than
one-quarter mile from the ordinary high water mark on each side of the
river.
(Pub. L. 90-542, 4, Oct. 2, 1968, 82 Stat. 909; Pub. L. 93-279,
1(b)(1), May 10, 1974, 88 Stat. 122; Pub. L. 93-621, 1(d), Jan. 3,
1975, 88 Stat. 2096; Pub. L. 94-486, title V, 501, Oct. 12, 1976, 90
Stat. 2330; Pub. L. 95-91, title III, 301(b), Aug. 4, 1977, 91 Stat.
578; Pub. L. 99-590, title V, 502, Oct. 30, 1986, 100 Stat. 3335.)
The Water Resources Planning Act, referred to in subsec. (a), is
Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is
classified generally to chapter 19B ( 1962 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 1962 of Title 42
and Tables.
1986 -- Subsec. (d). Pub. L. 99-590 added subsec. (d).
1976 -- Subsec. (b). Pub. L. 94-486 struck out provision which
directed that no river be added to the national wild and scenic river
system after October 2, 1968, until the close of the next full session
of the State legislature or legislatures, if more than one State was
involved, which began following submission of the proposed addition to
the President.
1975 -- Subsec. (a). Pub. L. 93-621, in first paragraph, designated
provision relating to the developments, which, if undertaken, would
render the rivers unsuitable for inclusion in the system as cl. (i),
and added cl. (ii).
1974 -- Subsec. (a). Pub. L. 93-279, in first paragraph, substituted
provisions requiring submission of reports to the President on the
suitability or nonsuitability for addition to the national wild and
scenic river system of rivers designated by Congress as potential
additions to such system, and submission by President of recommendations
and proposals to the Congress, for provisions for submission of
proposals to the President and the Congress, struck out reference to
section 1273(b) of this title and administration by an agency of the
United States, inserted provisions that the studies relating to rivers
named in section 1276(a) of this title be completed by Oct. 2, 1978,
and that the Secretary of the Interior and the Secretary of Agriculture
give priority to rivers which may be unsuitable for inclusion in the
national wild and scenic river system if developments were undertaken,
and in second paragraph, substantially incorporated the existing
provisions with minor changes.
''Secretary of Energy'' substituted for ''Chairman of the Federal
Power Commission'' in subsecs. (b) and (c) 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 1276. Rivers constituting potential additions to national wild
and scenic rivers system
TITLE 16 -- CONSERVATION
(a) Enumeration of designated rivers
The following rivers are hereby designated for potential addition to
the national wild and scenic rivers system:
(1) Allegheny, Pennsylvania: The segment from its mouth to the town
of East Brady, Pennsylvania.
(2) Bruneau, Idaho: The entire main stem.
(3) Buffalo, Tennessee: The entire river.
(4) Chattooga, North Carolina, South Carolina, and Georgia: The
entire river.
(5) Clarion, Pennsylvania: The segment between Ridgway and its
confluence with the Allegheny River.
(6) Delaware, Pennsylvania and New York: The segment from Hancock,
New York, to Matamoras, Pennsylvania.
(7) Flathead, Montana: The North Fork from the Canadian border
downstream to its confluence with the Middle Fork; the Middle Fork from
its headwaters to its confluence with the South Fork; and the South
Fork from its origin to Hungry Horse Reservoir.
(8) Gasconade, Missouri: The entire river.
(9) Illinois, Oregon: The entire river.
(10) Little Beaver, Ohio: The segment of the North and Middle Forks
of the Little Beaver River in Columbiana County from a point in the
vicinity of Negly and Elkton, Ohio, downstream to a point in the
vicinity of East Liverpool, Ohio.
(11) Little Miami, Ohio: That segment of the main stem of the river,
exclusive of its tributaries, from a point at the Warren-Clermont County
line at Loveland, Ohio, upstream to the sources of Little Miami
including North Fork.
(12) Maumee, Ohio and Indiana: The main stem from Perrysburg, Ohio,
to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and
inclusive of its tributaries in Indiana.
(13) Missouri, Montana: The segment between Fort Benton and Ryan
Island.
(14) Moyie, Idaho: The segment from the Canadian border to its
confluence with the Kootenai River.
(15) Obed, Tennessee: The entire river and its tributaries, Clear
Creek and Daddys Creek.
(16) Penobscot, Maine: Its east and west branches.
(17) Pere Marquette, Michigan: The entire river.
(18) Pine Creek, Pennsylvania: The segment from Ansonia to
Waterville.
(19) Priest, Idaho: The entire main stem.
(20) Rio Grande, Texas: The portion of the river between the west
boundary of Hudspeth County and the east boundary of Terrell County on
the United States side of the river: Provided, That before undertaking
any study of this potential scenic river, the Secretary of the Interior
shall determine, through the channels of appropriate executive agencies,
that Mexico has no objection to its being included among the studies
authorized by this chapter.
(21) Saint Croix, Minnesota and Wisconsin: The segment between the
dam near Taylors Falls and its confluence with the Mississippi River.
(22) Saint Joe, Idaho: The entire main stem.
(23) Salmon, Idaho: The segment from the town of North Fork to its
confluence with the Snake River.
(24) Skagit, Washington: The segment from the town of Mount Vernon
to and including the mouth of Bacon Creek; the Cascade River between
its mouth and the junction of its North and South Forks; the South Fork
to the boundary of the Glacier Peak Wilderness Area; the Suiattle River
from its mouth to the Glacier Peak Wilderness Area boundary at Milk
Creek; the Sauk River from its mouth to its junction with Elliott
Creek; the North Fork of the Sauk River from its junction with the
South Fork of the Sauk to the Glacier Peak Wilderness Area boundary.
(25) Suwannee, Georgia and Florida: The entire river from its source
in the Okefenokee Swamp in Georgia to the gulf and the outlying
Ichetucknee Springs, Florida.
(26) Upper Iowa, Iowa: The entire river.
(27) Youghiogheny, Maryland and Pennsylvania: The segment from
Oakland, Maryland, to the Youghiogheny Reservoir, and from the
Youghiogheny Dam downstream to the town of Connellsville, Pennsylvania.
(28) American, California: The North Fork from the Cedars to the
Auburn Reservoir.
(29) Au Sable, Michigan: The segment downstream from Foot Dam to
Oscoda, and upstream from Loud Reservoir to its source, including its
principal tributaries and excluding Mio and Bamfield Reservoirs.
(30) Big Thompson, Colorado: The segment from its source to the
boundary of Rocky Mountain National Park.
(31) Cache la Poudre, Colorado: Both forks from their sources to
their confluence, thence the Cache la Poudre to the eastern boundary of
Roosevelt National Forest.
(32) Cahaba, Alabama: The segment from its junction with United
States Highway 31 south of Birmingham downstream to its junction with
United States Highway 80 west of Selma.
(33) Clark's Fork, Wyoming: The segment from the Clark's Fork Canyon
to the Crandall Creek Bridge.
(34) Colorado, Colorado and Utah: The segment from its confluence
with the Dolores River, Utah, upstream to a point 19.5 miles from the
Utah-Colorado border in Colorado.
(35) Conejos, Colorado: The three forks from their sources to their
confluence, thence the Conejos to its first junction with State Highway
17, excluding Platoro Reservoir.
(36) Elk, Colorado: The segment from its source to Clark.
(37) Encampment, Colorado: The Main Fork and West Fork to their
confluence, thence the Encampment to the Colorado-Wyoming border,
including the tributaries and headwaters.
(38) Green, Colorado: The entire segment within the State of
Colorado.
(39) Gunnison, Colorado: The segment from the upstream (southern)
boundary of the Black Canyon of the Gunnison National Monument to its
confluence with the North Fork.
(40) Illinois, Oklahoma: The segment from Tenkiller Ferry Reservoir
upstream to the Arkansas-Oklahoma border, including the Flint and Barren
Fork Creeks.
(41) John Day, Oregon: The main stem from Service Creek Bridge (at
river mile 157) downstream to Tumwater Falls (at river mile 10).
(42) Kettle, Minnesota: The entire segment within the State of
Minnesota.
(43) Los Pinos, Colorado: The segment from its source, including the
tributaries and headwaters within the San Juan Primitive Area, to the
northern boundary of the Granite Peak Ranch.
(44) Manistee, Michigan: The entire river from its source to
Manistee Lake, including its principal tributaries and excluding Tippy
and Hodenpyl Reservoirs.
(45) Nolichuckey, Tennessee and North Carolina: The entire main
stem.
(46) Owyhee, South Fork, Oregon: The main stem from the Oregon-Idaho
border downstream to the Owyhee Reservoir.
(47) Piedra, Colorado: The Middle Fork and East Fork from their
sources to their confluence, thence the Piedra to its junction with
Colorado Highway 160.
(48) Shepaug, Connecticut: The entire river.
(49) Sipsey Fork, West Fork, Alabama: The segment, including its
tributaries, from the impoundment formed by the Lewis M. Smith Dam
upstream to its source in the William B. Bankhead National Forest.
(50) Snake, Wyoming: The segment from the southern boundaries of
Teton National Park to the entrance to Palisades Reservoir.
(51) Sweetwater, Wyoming: The segment from Wilson Bar downstream to
Spring Creek.
(52) Tuolumne, California: The main river from its source on Mount
Dana and Mount Lyell in Yosemite National Park to Don Pedro Reservoir.
(53) Upper Mississippi, Minnesota: The segment from its source at
the outlet of Itasca Lake to its junction with the northwestern boundary
of the city of Anoka.
(54) Wisconsin, Wisconsin: The segment from Prairie du Sac to its
confluence with the Mississippi River at Prairie du Chien.
(55) Yampa, Colorado: The segment within the boundaries of the
Dinosaur National Monument.
(56) Dolores, Colorado: The segment of the main stem from Rico
upstream to its source, including its headwaters; the West Dolores from
its source, including its headwaters, downstream to its confluence with
the main stem; and the segment from the west boundary, section 2,
township 38 north, range 16 west, NMPM, below the proposed McPhee Dam,
downstream to the Colorado-Utah border, excluding the segment from one
mile above Highway 90 to the confluence of the San Miguel River.
(57) Snake, Washington, Oregon, and Idaho: The segment from an
eastward extension of the north boundary of section 1, township 5 north,
range 47 east, Willamette meridian, downstream to the town of Asotin,
Washington.
(58) Housatonic, Connecticut: The segment from the
Massachusetts-Connecticut boundary downstream to its confluence with the
Shepaug River.
(59) Kern, California: The main stem of the North Fork from its
source to Isabella Reservoir excluding its tributaries.
(60) Loxahatchee, Florida: The entire river including its tributary,
North Fork.
(61) Ogeechee, Georgia: The entire river.
(62) Salt, Arizona: The main stem from a point on the north side of
the river intersected by the Fort Apache Indian Reservation boundary
(north of Buck Mountain) downstream to Arizona State Highway 288.
(63) Verde, Arizona: The main stem from the Prescott National Forest
boundary near Paulden to the vicinity of Table Mountain, approximately
14 miles above Horseshoe Reservoir, except for the segment not included
in the national forest between Clarkdale and Camp Verde, North segment.
(64) San Francisco, Arizona: The main stem from confluence with the
Gila upstream to the Arizona-New Mexico border, except for the segment
between Clifton and the Apache National Forest.
(65) Fish Creek, New York: The entire East Branch.
(66) Black Creek, Mississippi: The segment from Big Creek Landing in
Forrest County downstream to Old Alexander Bridge Landing in Stone
County.
(67) Allegheny, Pennsylvania: The main stem from Kinzua Dam
downstream to East Brady.
(68) Cacapon, West Virginia: The entire river.
(69) Escatawpa, Alabama and Mississippi: The segment upstream from a
point approximately one mile downstream from the confluence of the
Escatawpa River and Jackson Creek to a point where the Escatawpa River
is joined by the Yellowhouse Branch in Washington County, Alabama, near
the town of Deer Park, Alabama; and the segment of Brushy Creek
upstream from its confluence with the Escatawpa to its confluence with
Scarsborough Creek.
(70) Myakka, Florida: The segment south of the southern boundary of
the Myakka River State Park.
(71) Soldier Creek, Alabama: The segment beginning at the point
where Soldier Creek intersects the south line of section 31, township 7
south, range 6 east, downstream to a point on the south line of section
6, township 8 south, range 6 east, which point is 1,322 feet west of the
south line of section 5, township 8 south, range 6 east in the county of
Baldwin, State of Alabama.
(72) Red, Kentucky: The segment from Highway numbered 746 (also
known as Spradlin Bridge) in Wolf County, Kentucky, downstream to the
point where the river descends below seven hundred feet above sea level
(in its normal flow) which point is at the Menifee and Powell County
line just downstream of the iron bridge where Kentucky Highway numbered
77 passes over the river.
(73) Bluestone, West Virginia: From its headwaters to its confluence
with the New.
(74) Gauley, West Virginia: Including the tributaries of the Meadow
and the Cranberry, from the headwaters to its confluence with the New.
(75) Greenbrier, West Virginia: From its headwaters to its
confluence with the New.
(76) Birch, West Virginia: The main stem from the Cora Brown Bridge
in Nicholas County to the confluence of the river with the Elk River in
Braxton County.
(77) Colville, Alaska.
(78) Etivluk-Nigu, Alaska.
(79) Utukok, Alaska.
(80) Kanektok, Alaska.
(81) Kisaralik, Alaska.
(82) Melozitna, Alaska.
(83) Sheenjek (lower segment), Alaska.
(84) Situk, Alaska.
(85) Porcupine, Alaska.
(86) Yukon (Ramparts section), Alaska.
(87) Squirrel, Alaska.
(88) Koyuk, Alaska.
(89) Wildcat Brook, New Hampshire: The segment from its headwaters
including the principal tributaries to its confluence with the Ellis
River. The study authorized in this paragraph shall be completed no
later than six years from June 19, 1984, and an interim report shall be
prepared and submitted to the Congress no later than three years from
June 19, 1984.
(90) Horsepasture, North Carolina: The segment from Bohaynee Road
(N.C. 281) downstream to Lake Jocassee.
(91) The North Umpqua, Oregon: The segment from the Soda Springs
Powerhouse to the confluence of Rock Creek. The provisions of section
1278(a) of this title shall apply to tributary Steamboat Creek in the
same manner as such provisions apply to the rivers referred to in such
section 1278(a) of this title. The Secretary of Agriculture shall, in
the Umpqua National Forest plan, provide that management practices for
Steamboat Creek and its immediate environment conserve, protect, and
enhance the anadromous fish habitat and population.
(92) Farmington, West Branch, Connecticut and Massachusetts: The
segment from the intersection of the New Hartford-Canton, Connecticut,
town line upstream to the base of the West Branch Reservoir in Hartland,
Connecticut; and the segment from the confluence with Thorp Brook in
Sandisfield, Massachusetts, to Hayden Pond in Otis, Massachusetts.
(93) Great Egg Harbor River, New Jersey: The entire river.
(94) Klickitat, Washington: The segment from the southern boundary
of the Yakima Indian Reservation, Washington, as described in the Treaty
with the Yakimas of 1855 (12 Stat. 951), and as acknowledged by the
Indian Claims Commission in Yakima Tribe of Indians v. U.S., 16 Ind.
Cl. Comm. 536 (1966), to its confluence with the Little Klickitat River,
Washington: Provided, That said study shall be carried on in
consultation with the Yakima Indian Nation and shall include a
determination of the degree to which the Yakima Indian Nation should
participate in the preservation and administration of the river segment
should it be proposed for inclusion in the Wild and Scenic Rivers
system.
(95) White Salmon, Washington: The segment from its confluence with
Trout Lake Creek, Washington, to its confluence with Gilmer Creek,
Washington, near the town of B Z Corner, Washington.
(96) Maurice, New Jersey. -- The segment from Shell Pile to the point
three miles north of Laurel Lake.
(97) Manumuskin, New Jersey. -- The segment from its confluence with
the Maurice River to the crossing of State Route 49.
(98) Menantico Creek, New Jersey. -- The segment from its confluence
with the Maurice River to its source.
(99) Merced, California. -- The segment from a point 300 feet
upstream of the confluence with Bear Creek downstream to the point of
maximum flood control storage of Lake McClure (elevation 867 feet mean
sea level).
(100) Blue, Oregon. -- The segment from its headwaters to the Blue
River Reservoir; by the Secretary of Agriculture.
(101) Chewaucan, Oregon. -- The segment from its headwaters to the
Paisley Urban Growth boundary to be studied in cooperation with, and
integrated with, the Klamath River Basin Plan; by the Secretary of
Agriculture.
(102) North Fork Malheur, Oregon. -- The segment from the Malheur
National Forest boundary to Beulah Reservoir; by the Secretary of the
Interior.
(103) South Fork McKenzie, Oregon. -- The segments from its
headwaters to the upper end of Cougar Reservoir and from the lower end
of Cougar Reservoir to its confluence with the McKenzie River; by the
Secretary of Agriculture.
(104) Steamboat Creek, Oregon. -- The entire creek; by the Secretary
of Agriculture.
(105) Wallowa, Oregon. -- The segment from its confluence with the
Minam River to its confluence with the Grande Ronde River; by the
Secretary of Agriculture.
(106) Merrimack River, New Hampshire. -- The segment from its origin
at the confluence of the Pemigewasset and Winnipesaukee Rivers in
Franklin, New Hampshire, to the backwater impoundment at Hooksett Dam,
excluding the Garvins Falls Dam and its impoundment.
(107) Pemigewasset, New Hampshire. -- The segments from Profile Lake
downstream to the southern boundary of the Franconia Notch State Park
and from the northern Thornton town-line downstream to the backwater of
the Ayers Island Dam; by the Secretary of the Interior.
(106) /1/ St. Marys River, Florida and Georgia. -- The segment from
its headwaters to its confluence with the Bells River.
( ) /2/ Mills River, North Carolina. -- The North Fork from the
bottom of the spillway of the Hendersonville Reservoir downstream to its
confluence with the South Fork; the South Fork from its confluence with
the Pigeon Branch downstream to its confluence with the North Fork; and
the main stem from the confluence of the North and South Forks
downstream to a point 750 feet upstream from the centerline of North
Carolina Highway 191/280.
( ) Sudbury, Assabet, and Concord, Massachussets. /3/ -- The segment
of the Sudbury from the Danforth Street Bridge in the town of
Framingham, to its confluence with the Assabet, the Assabet from 1,000
feet downstream of the Damon Mill Dam in Concord to its confluence with
the Sudbury and the Concord from the confluence of the Sudbury and
Assabet downstream to the Route 3 Bridge in the town of Billerica. The
study of such river segments shall be completed and the report submitted
thereon not later than at the end of the third fiscal year beginning
after November 28, 1990.
( ) Niobrara, Nebraska. -- The 6-mile segment of the river from its
confluence with Chimney Creek to its confluence with Rock Creek.
( ) Lamprey, New Hampshire. -- The segment from the southern Lee town
line downstream to the confluence with Woodman's Brook at the base of
Sullivan Falls in Durham.
(112) /4/ White Clay Creek, Delaware and Pennsylvania. -- The
headwaters of the river in Pennsylvania to its confluence with the
Christina River in Delaware, including the East, West, and Middle
Branches, Middle Run, Pike Creek, Mill Creek, and other main branches
and tributaries as determined by the Secretary of the Interior (herein
after referred to as the White Clay Creek).
( ) Brule, Michigan and Wisconsin. -- The 33-mile segment from Brule
Lake in the northeast quarter of section 15, township 41 north, range 13
east, to the National Forest boundary at the southeast quarter of
section 31, township 41 north, range 17 east.
( ) Carp, Michigan. -- The 7.6-mile segment from its origin at the
confluence of the outlets of Frenchman Lake and Carp Lake in section 26,
township 44 north, range 6 west, to the west section line of section 30,
township 43 north, range 5 west.
( ) Little Manistee, Michigan. -- The 42-mile segment within the
Huron-Manistee National Forest.
( ) White, Michigan. -- The 75.4-mile segment within the
Huron-Manistee National Forest as follows:
(A) The 30.8-mile segment of the main stem from U.S. 31 to the
Huron-Manistee National Forest boundary at the north line of section 2,
township 13 north, range 15 west, 1.5 miles southwest of Hesperia.
(B) The 18.9-mile segment of the South Branch White from the
Huron-Manistee National Forest boundary east of Hesperia at the west
line of section 22, township 14 north, range 14 west, to Echo Drive,
section 6, township 13 north, range 12 west.
(C) The 25.7-mile segment of the North Branch White from its
confluence with the South Branch White in section 25, township 13 north,
range 16 west, to McLaren Lake in section 11, township 14 north, range
15 west.
( ) Ontonagon, Michigan. -- The 32-mile segment of the Ontonagon as
follows:
(A) The 12-mile segment of the West Branch from the Michigan State
Highway 28 crossing to Cascade Falls.
(B) The 20-mile segment of the South Branch from the confluence of
the Cisco Branch and Tenmile Creek to the confluence with the West
Branch Ontonagon.
( ) Paint, Michigan. -- The 70-mile segment as follows:
(A) 34 miles of the mainstream beginning at the eastern boundary of
the Ottawa National Forest in section 1, township 44 north, range 35
west, to the city of Crystal Falls.
(B) 15 miles of the mainstream of the Net River from its confluence
with the east and west branches to its confluence with the mainstream of
the Paint River.
(C) 15 miles of the east branch of the Net River from its source in
section 8, township 47 north, range 32 west, to its confluence with the
mainstream of the Net River in section 24, township 46 north, range 34
west.
(D) 14 miles of the west branch of the Net River from its source in
section 35, township 48 north, range 34 west, to its confluence with the
mainstream of the Net River in section 24, township 46 north, range 34
west.
( ) Presque Isle, Michigan. -- The 13-mile segment of the mainstream
from Minnewawa Falls to Lake Superior.
( ) Sturgeon, Ottawa National Forest, Michigan. -- The 36-mile
segment of the mainstream from the source at Wagner Lake in section 13,
township 49 north, range 31 west, to the eastern boundary of the Ottawa
National Forest in section 12, township 48 north, range 35 west.
( ) Sturgeon, Hiawatha National Forest, Michigan. -- The 18.1-mile
segment from Sixteen Mile Lake to the north line of section 26, township
43 north, range 19 west.
( ) Tahquamenon, Michigan. -- The 103.5-mile segment as follows --
(A) the 90-mile segment of the mainstream beginning at the source in
section 21, township 47 north, range 12 west, to the mouth at Whitefish
Bay; and
(B) the 13.5-mile segment of the east branch from the western
boundary of the Hiawatha National Forest in section 19, township 46
north, range 6 west, to its confluence with the mainstream.
( ) Whitefish, Michigan. -- The 26-mile segment of the West Branch
Whitefish from its source in section 26, township 46 north, range 23
west, to County Road 444.
( ) Clarion, Pennsylvania. -- The segment of the main stem of the
river from Ridgway to its confluence with the Allegheny River. The
Secretary of Agriculture shall conduct the study of such segment.
( ) Mill Creek, Jefferson and Clarion Counties, Pennsylvania. -- The
segment of the main stem of the creek from its headwaters near Gumbert
Hill in Jefferson County, downstream to the confluence with the Clarion
River.
( ) Piru Creek, California. -- The segment of the main stem of the
creek from its source downstream to the maximum pool of Pyramid Lake and
the segment of the main stem of the creek beginning 300 feet below the
dam at Pyramid Lake downstream to the maximum pool at Lake Piru, for a
total distance of approximately 49 miles.
( ) Little Sur River, California. -- The segment of the main stem of
the river from its headwaters downstream to the Pacific Ocean, a
distance of approximately 23 miles. The Secretary of Agriculture shall
consult with the Big Sur Multiagency Advisory Council during the study
of the river.
( ) Matilija Creek, California. -- The segment from its headwaters to
its junction with Murietta Canyon, a distance of approximately 16 miles.
( ) Lopez Creek, California. -- The segments from its headwaters to
Lopez Reservoir, a distance of approximately 11 miles.
( ) Sespe Creek, California. -- The segment from Chorro Grande Canyon
downstream to its confluence with Rock Creek and Howard Creek, a
distance of about 10.5 miles.
( ) North Fork Merced, California. -- The segment from its headwaters
to its confluence with the Merced River, by the Secretary of Agriculture
and the Secretary of the Interior.
( ) Delaware River, Pennsylvania and New Jersey. -- (A) The
approximately 3.6-mile segment from the Erie Lackawanna Railroad Bridge
to the southern tip of Dildine Island.
(B) The approximately 2-mile segment from the southern tip of Mack
Island to the northern border of the town of Belvidere, New Jersey.
(C) The approximately 12.5-mile segment from the southern border of
the town of Belvidere, New Jersey, to the northern border of the city of
Easton, Pennsylvania, excluding river mile 196.0 to 193.8.
(D) The approximately 9.5-mile segment from the southern border of
the town of Phillipsburg, New Jersey, to a point just north of the
Gilbert Generating Station.
(E) The approximately 14.2-mile segment from a point just south of
the Gilbert Generating Station to a point just north of the Point
Pleasant Pumping Station.
(F) The approximately 6.5-mile segment from a point just south of the
Point Pleasant Pumping Station to the north side of the Route 202
bridge.
(G) The approximately 6-mile segment from the southern boundary of
the town of New Hope, Pennsylvania, to the town of Washington Crossing,
Pennsylvania.
(H) The Cook's Creek tributary.
(I) The Tinicum Creek tributary.
(J) The Tohickon Creek tributary.
( ) New River, West Virginia and Virginia. -- The segment defined by
public lands commencing at the U.S. Route 460 bridge over the New River
in Virginia to the maximum summer pool elevation (one thousand four
hundred and ten feet above mean sea level) of Bluestone Lake in West
Virginia; by the Secretary of the Interior. Nothing in this chapter
shall affect or impair the management of the Bluestone project or the
authority of any department, agency or instrumentality of the United
States to carry out the project purposes of that project as of October
26, 1992. The study of the river segment identified in this paragraph
shall be completed and reported on within one year after October 26,
1992.
(b) Studies and reports
(1) The studies of rivers named in subparagraphs (28) through (55) of
subsection (a) of this section shall be completed and reports thereon
submitted by not later than October 2, 1979: Provided, That with
respect to the rivers named in subparagraphs (33), (50), and (51), the
Secretaries shall not commence any studies until (i) the State
legislature has acted with respect to such rivers or (ii) one year from
January 3, 1975, whichever is earlier. Studies of the river /5/ named
in paragraphs (38), (55), (83), and (87) shall be completed and the
reports transmitted to the Congress not later than January 1, 1987.
(2) The study of the river named in subparagraph (56) of subsection
(a) of this section shall be completed and the report thereon submitted
by not later than January 3, 1976.
(3) The studies of the rivers named in paragraphs (59) through (76)
of subsection (a) of this section shall be completed and reports
submitted thereon not later than five full fiscal years after November
10, 1978. The study of rivers named in paragraphs (62) through (64) of
subsection (a) of this section shall be completed and the report thereon
submitted by not later than April 1981. The study of the river named in
paragraph (90) of subsection (a) of this section shall be completed not
later than three years after October 17, 1984. The study of the river
named in paragraph (93) of subsection (a) of this section shall be
completed not later than three years after October 30, 1986.
(4) For the purposes of conducting the studies of rivers named in
subsection (a) of this section, there are authorized to be appropriated
such sums as necessary.
(5) The studies of the rivers in paragraphs (77) through (88) shall
be completed and reports transmitted thereon not later than three full
fiscal years from December 2, 1980. For the rivers listed in paragraphs
(77), (78), and (79) the studies prepared and transmitted to the
Congress pursuant to section 6505(c) of title 42 shall satisfy the
requirements of this section.
(6) Studies of rivers listed in paragraphs (80) and (81) shall be
completed, and reports submitted within and not later than the time when
the Bristol Bay Cooperative Region Plan is submitted to Congress in
accordance with section 3183 /6/ of this title.
(7) The study of the West Branch of the Farmington River identified
in paragraph (92) of subsection (a) of this section shall be completed
and the report submitted thereon not later than the end of the third
fiscal year beginning after October 30, 1986. Such report shall include
a discussion of management alternatives for the river if it were to be
included in the national wild and scenic river system.
(8) The study of the Merrimack River, New Hampshire, shall be
completed and the report thereon submitted not later than three years
after August 10, 1990.
(9) The study of the Pemigewasset River, New Hampshire, shall be
completed and the report thereon submitted not later than three years
after August 10, 1990.
(8) /7/ The study of the river named in paragraph (106) /8/ of
subsection (a) of this section shall be completed not later than three
years after August 15, 1990. In carrying out the study, the Secretary
of the Interior shall consult with the Governors of the States of
Florida and Georgia or their representatives, representatives of
affected local governments, and owners of land adjacent to the river.
Such consultation shall include participation in the assessment of
resource values and the development of alternatives for the protection
of those resource values, and shall be carried out through public
meetings and media notification. The study shall also include a
recommendation on the part of the Secretary as to the role the States,
local governments and landowners should play in the management of the
river if it were designated as a component of the National Wild and
Scenic Rivers System.
(11) The study of the Lamprey River, New Hampshire, shall be
completed by the Secretary of the Interior and the report thereon
submitted not later than 3 years after December 11, 1991.
(11) /9/ (A) The study of the White Clay Creek in Delaware and
Pennsylvania shall be completed and the report submitted not later than
3 years after December 11, 1991.
(B) In carrying out the study, the Secretary of the Interior shall
prepare a map of the White Clay Creek watershed in Delaware and
Pennsylvania, and shall develop a recommended management plan for the
White Clay Creek. The plan shall provide recommendations as to the
protection and management of the White Clay Creek, including the role
the State and local governments, and affected landowners, should play in
the management of the White Clay Creek if it is designated as a
component of the National Wild and Scenic Rivers System.
(C) The Secretary shall prepare the study, including the recommended
management plan, in cooperation and consultation with appropriate State
and local governments, and affected landowners.
(11) /10/ The study of segments of the Brule, Carp, Little Manistee,
White, Paint, Presque Isle, Ontonagon, Sturgeon (Hiawatha), Sturgeon
(Ottawa), Whitefish, and Tahquamenon Rivers in Michigan under subsection
(a) of this section shall be completed by the Secretary of Agriculture
and the report submitted thereon not later than at the end of the third
fiscal year beginning after March 3, 1992. For purposes of such river
studies, the Secretary shall consult with each River Study Committee
authorized under section 5 of the Michigan Scenic Rivers Act of 1990,
/11/ and shall encourage public participation and involvement through
hearings, workshops, and such other means as are necessary to be
effective.
(11) /12/ (A) The study of the Delaware River segments and
tributaries designated for potential addition to the National Wild and
Scenic Rivers System pursuant to subsection (a)( ) of this section shall
be completed and the report submitted to Congress not later than one
year after October 23, 1992.
(B) The Secretary shall --
(i) prepare the study in cooperation and consultation with
appropriate Federal, State, regional, and local agencies, including but
not limited to, the Pennsylvania Department of Environmental Resources,
the New Jersey Department of Environmental Protection and Energy, the
Delaware and Lehigh Navigation Canal National Heritage Corridor
Commission, and the Delaware and Raritan Canal Commission; and
(ii) consider previous plans for the protection of affected cultural,
recreational, and natural resources (including water supply and water
quality) and existing State and local regulations, so as to avoid
unnecessary duplication.
(C) Pursuant to section 1282(b)(1) of this title, the Secretary shall
undertake a river conservation plan for the segment of the Delaware
River from the northern city limits of Trenton, New Jersey, to the
Southern /13/ boundary of Bucks County, Pennsylvania.
(c) State participation
The study of any of said rivers shall be pursued in as close
cooperation with appropriate agencies of the affected State and its
political subdivisions as possible, shall be carried on jointly with
such agencies if request for such joint study is made by the State and
shall include a determination of the degree to which the State or its
political subdivisions might participate in the preservation and
administration of the river should it be proposed for inclusion in the
national wild and scenic rivers system.
(d) Continuing consideration by Federal agencies to potential
national, wild, scenic and recreational river areas
(1) In all planning for the use and development of water and related
land resources, consideration shall be given by all Federal agencies
involved to potential national wild, scenic and recreational river
areas, and all river basin and project plan reports submitted to the
Congress shall consider and discuss any such potentials. The Secretary
of the Interior and the Secretary of Agriculture shall make specific
studies and investigations to determine which additional wild, scenic
and recreational river areas within the United States shall be evaluated
in planning reports by all Federal agencies as potential alternative
uses of the water and related land resources involved.
(2) The Congress finds that the Secretary of the Interior, in
preparing the Nationwide Rivers Inventory as a specific study for
possible additions to the National Wild and Scenic Rivers System,
identified the Upper Klamath River from below the John Boyle Dam to the
Oregon-California State line. The Secretary, acting through the Bureau
of Land Management, is authorized under this subsection to complete a
study of the eligibility and suitability of such segment for potential
addition to the National Wild and Scenic Rivers System. Such study
shall be completed, and a report containing the results of the study
shall be submitted to Congress by April 1, 1990. Nothing in this
paragraph shall affect the authority or responsibilities of any other
Federal agency with respect to activities or actions on this segment and
its immediate environment.
(Pub. L. 90-542, 5, Oct. 2, 1968, 82 Stat. 910; Pub. L. 93-279,
1(b)(2), May 10, 1974, 88 Stat. 123; Pub. L. 93-621, 1(a), (b), Jan.
3, 1975, 88 Stat. 2094, 2095; Pub. L. 94-199, 5(a), Dec. 31, 1975, 89
Stat. 1118; Pub. L. 94-486, title IV, 401, title VII, 701, Oct. 12,
1976, 90 Stat. 2330; Pub. L. 95-625, title VII, 721-736, title XI,
1108, Nov. 10, 1978, 92 Stat. 3530-3532, 3547; Pub. L. 96-87, title
IV, 404, Oct. 12, 1979, 93 Stat. 667; Pub. L. 96-199, title I, 102,
Mar. 5, 1980, 94 Stat. 68; Pub. L. 96-487, title VI, 604, Dec. 2,
1980, 94 Stat. 2415; Pub. L. 98-323, title II, 201, June 19, 1984, 98
Stat. 261; Pub. L. 98-484, 5, Oct. 17, 1984, 98 Stat. 2259; Pub. L.
98-494, 2, Oct. 19, 1984, 98 Stat. 2274; Pub. L. 99-590, title II,
202(b), (c), title III, 301, title V, 503, Oct. 30, 1986, 100 Stat.
3332-3335; Pub. L. 99-663, 13(d), Nov. 17, 1986, 100 Stat. 4294; Pub.
L. 100-33, 1, May 7, 1987, 101 Stat. 299; Pub. L. 100-149, 2, Nov. 2,
1987, 101 Stat. 879; Pub. L. 100-557, title I, 103, 104, Oct. 28,
1988, 102 Stat. 2790; Pub. L. 101-40, 2(b), June 20, 1989, 103 Stat.
82; Pub. L. 101-356, 2, 3, Aug. 10, 1990, 104 Stat. 417; Pub. L.
101-357, 2, 3, Aug. 10, 1990, 104 Stat. 418; Pub. L. 101-364, 1,
Aug. 15, 1990, 104 Stat. 428; Pub. L. 101-538, 1, Nov. 8, 1990, 104
Stat. 2376; Pub. L. 101-628, title VII, 703, Nov. 28, 1990, 104 Stat.
4497; Pub. L. 102-50, 3(a), May 24, 1991, 105 Stat. 254; Pub. L.
102-214, 2, 3, Dec. 11, 1991, 105 Stat. 1663; Pub. L. 102-215, 3,
4, Dec. 11, 1991, 105 Stat. 1664; Pub. L. 102-249, 4, Mar. 3, 1992,
106 Stat. 48; Pub. L. 102-271, 5(a), Apr. 20, 1992, 106 Stat. 110;
Pub. L. 102-301, 7(a), June 19, 1992, 106 Stat. 245; Pub. L. 102-432,
2, Oct. 23, 1992, 106 Stat. 2213; Pub. L. 102-460, 1(a), (b), Oct.
23, 1992, 106 Stat. 2270; Pub. L. 102-525, title IV, 401, Oct. 26,
1992, 106 Stat. 3441.)
Section 5 of the Michigan Scenic Rivers Act of 1990, referred to in
subsec. (b)(11), probably means section 5 of Pub. L. 102-249, Mar. 3,
1992, 106 Stat. 50, known as the Michigan Scenic Rivers Act of 1991,
which is not classified to the Code.
Section 3183 of this title, referred to in subsec. (b)(6), was in
the original ''section 1204 of the Alaska National Interest Lands
Conservation Act'' and has been editorially translated as section 3183
of this title, which is section 1203 of that Act, as the probable intent
of Congress, in view of that Act being enacted without a section 1204
and section 1203 of that Act relating to the Bristol Bay Cooperative
Region Plan.
1992 -- Subsec. (a). Pub. L. 102-525 added unnumbered par. relating
to New River, West Virginia and Virginia.
Pub. L. 102-460, 1(a), added unnumbered par. relating to Delaware
River, Pennsylvania and New Jersey.
Pub. L. 102-432 added unnumbered par. relating to North Fork Merced,
California.
Pub. L. 102-301 added unnumbered pars. relating to the following
rivers in California: Piru Creek, Little Sur River, Matilija Creek,
Lopez Creek, and Sespe Creek.
Pub. L. 102-271 added unnumbered pars. relating to Clarion River and
Mill Creek, Pennsylvania.
Pub. L. 102-249, 4(a), added unnumbered pars. relating to the Brule
River in Michigan and Wisconsin, and the following rivers in Michigan:
Carp, Little Manistee, White, Ontonagon, Paint, Presque Isle, Sturgeon
(Ottawa National Forest), Sturgeon (Hiawatha National Forest),
Tahquamenon, and Whitefish.
Subsec. (b)(11). Pub. L. 102-460, 1(b), added par. (11) relating to
study of segments of Delaware River in Pennsylvania and New Jersey.
Pub. L. 102-249, 4(b), added par. (11) relating to study of
segments of Brule, Carp, and other rivers in Michigan.
1991 -- Subsec. (a). Pub. L. 102-214, 2, added unnumbered par.
relating to Lamprey River, New Hampshire.
Pub. L. 102-50 added unnumbered par. relating to Niobrara River,
Nebraska.
Subsec. (a)(112). Pub. L. 102-215, 3, added par. (112).
Subsec. (b)(11). Pub. L. 102-215, 4, added par. (11) relating to
study of White Clay Creek, Delaware and Pennsylvania.
Pub. L. 102-214, 3, added par. (11) relating to study of Lamprey
River, New Hampshire.
1990 -- Subsec. (a). Pub. L. 101-628 added unnumbered par. relating
to Sudbury, Assabet, and Concord rivers in Massachusetts.
Pub. L. 101-538 added unnumbered par. relating to Mills River, North
Carolina.
Subsec. (a)(106). Pub. L. 101-364, 1(a), added par. (106) relating
to St. Marys River, Florida and Georgia.
Pub. L. 101-356, 2, added par. (106) relating to Merrimack River,
New Hampshire.
Subsec. (a)(107). Pub. L. 101-357, 2, added par. (107).
Subsec. (b)(8). Pub. L. 101-364, 1(b), added par. (8) relating to
study of St. Marys River, Florida and Georgia.
Pub. L. 101-356, 3, added par. (8) relating to study of Merrimack
River, New Hampshire.
Subsec. (b)(9). Pub. L. 101-357, 3, added par. (9).
1989 -- Subsec. (a)(96), (99). Pub. L. 101-40, 2(b)(1),
redesignated par. (96), relating to Merced River, California, as par.
(99).
Subsec. (a)(100) to (105). Pub. L. 101-40, 2(b)(2), designated
unnumbered paragraphs relating to rivers in Oregon as pars. (100) to
(105).
1988 -- Subsec. (a). Pub. L. 100-557, 103, added unnumbered pars.
relating to the following rivers in Oregon: Blue, Chewaucan, North Fork
Malheur, South Fork McKenzie, Steamboat Creek, and Wallowa.
Subsec. (d). Pub. L. 100-557, 104, designated existing provisions as
par. (1) and added par. (2).
1987 -- Subsec. (a)(94), (95). Pub. L. 100-149, 2(b), designated
pars. relating to Klickitat and White Salmon as pars. (94) and (95),
respectively.
Subsec. (a)(96). Pub. L. 100-149, 2(a), added par. (96) relating to
Merced, California.
Pub. L. 100-33 added par. (96) relating to Maurice, New Jersey.
Subsec. (a)(97), (98). Pub. L. 100-33 added pars. (97) and (98).
1986 -- Subsec. (a)(90), (91). Pub. L. 99-590, 503(a),
redesignated par. (90), relating to North Umpqua, Oregon, as par.
(91).
Subsec. (a)(92), (93). Pub. L. 99-590, 201(b), 301(a), added pars.
(92) and (93).
Subsec. (a)(94), (95). Pub. L. 99-663 added at end two unnumbered
pars., relating to Klickitat, Washington, and White Salmon, Washington,
which were designated as pars. (94) and (95), respectively, by Pub. L.
100-149.
Subsec. (b)(1). Pub. L. 99-590, 503(b), inserted provisions relating
to completion and transmission of reports to Congress not later than
Jan. 1, 1987.
Subsec. (b)(3). Pub. L. 99-590, 301(b), inserted provisions relating
to completion date of study of river named in subsec. (a)(93).
Subsec. (b)(4). Pub. L. 99-590, 503(c), amended par. (4) generally,
substituting provisions authorizing appropriations for purposes of
conducting studies of rivers named in subsec. (a), for provisions
authorizing appropriations for the purpose of conducting studies of
rivers named in pars. (28) through (56), (59) through (76), (90), and
(93) of subsec. (a).
Pub. L. 99-590, 301(c), inserted provisions authorizing an
appropriation of not to exceed $150,000 for conducting study of river
named in subsec. (a)(93).
Subsec. (b)(7). Pub. L. 99-590, 202(c), added par. (7).
1984 -- Subsec. (a)(89). Pub. L. 98-323 added par. (89).
Subsec. (a)(90). Pub. L. 98-494 added par. (90) appearing second
relating to North Umpqua, Oregon.
Pub. L. 98-484, 5(a), added par. (90) appearing first relating to
Horsepasture, North Carolina.
Subsec. (b)(3). Pub. L. 98-484, 5(b), required completion of the
study of the Horsepasture River, North Carolina, within three years
after Oct. 17, 1984.
Subsec. (b)(4). Pub. L. 98-484, 5(c), authorized appropriations for
conducting study of the Horsepasture River, North Carolina.
Subsec. (b)(5), (6). Pub. L. 98-484, 5(c), redesignated pars. (4)
and (5) added by Pub. L. 96-487, 604(b), as pars. (5) and (6),
respectively.
1980 -- Subsec. (a)(76). Pub. L. 96-199, 102(a), added par. (76).
Subsec. (a)(77) to (88). Pub. L. 96-487, 604(a), added pars. (77)
to (88).
Subsec. (b)(3), (4). Pub. L. 96-199, 102(b), substituted ''(76)''
for ''(75)''.
Subsec. (b)(4), (5). Pub. L. 96-487, 604(b), added second par. (4)
and par. (5). See 1984 Amendment note above.
1979 -- Subsec. (b)(3). Pub. L. 96-87, 404(a), substituted
''paragraphs (59) through (75)'' for ''paragraphs (59) through (72)''.
Subsec. (b)(4). Pub. L. 96-87, 404(b), substituted ''subparagraphs
(59) through (75)'' for ''subparagraphs (59) through (74)''.
1978 -- Subsec. (a)(59) to (75). Pub. L. 95-625, 721-734, 1108,
added pars. (59) to (75).
Subsec. (b)(3), (4). Pub. L. 95-625, 735, 736, added par. (3),
redesignated former par. (3) as (4), and increased appropriations
authorization for certain studies to $4,060,000 from $2,175,000 and
authorized necessary appropriations for certain other river studies.
1976 -- Subsec. (a)(47). Pub. L. 94-486, 701, struck out
''including the tributaries and headwaters on national forest lands''
after ''Colorado Highway 160''.
Subsec. (a)(58). Pub. L. 94-486, 401, added par. (58).
1975 -- Subsec. (a)(28) to (56). Pub. L. 93-621, 1(a), added pars.
(28) to (56).
Subsec. (a)(57). Pub. L. 94-199 added par. (57).
Subsecs. (b) to (d). Pub. L. 93-621, 1(b), added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1974 -- Subsecs. (b) to (d). Pub. L. 93-279 redesignated subsecs.
(c) and (d) as (b) and (c), respectively. Former subsec. (b), relating
to the study of rivers named in subsec. (a) of this section for
inclusion in the national wild and scenic river system and submission of
reports to the President and the Congress, was incorporated in section
1275(a) of this title.
Section 6 of Pub. L. 98-484 provided that: ''The provisions of this
Act (amending this section) shall take effect on the date of the
enactment of this Act (Oct. 17, 1984).''
Pub. L. 101-175, Nov. 27, 1989, 103 Stat. 1294, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Genesee River Protection Act of
1989'.
''SEC. 2. PROTECTION OF THE GENESEE RIVER.
''In order to protect for present and future generations the
outstanding scenic, natural, recreational, scientific, cultural, and
ecological values of the Genesee River within Letchworth Gorge State
Park in the State of New York, and to assist in the protection and
enhancement of the Gorge's archeological sites of sacred significance to
the Seneca Nation, historic areas, endangered plant communities, and
diverse recreation uses, the protections afforded for rivers listed in
section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) for
study for potential addition to the National Wild and Scenic Rivers
System shall apply to the segment of the Genesee River beginning at the
southern boundary of Letchworth Gorge State Park and extending
downstream to the Mt. Morris Dam, except that the protection so
afforded shall not interfere with the Secretary of the Army's operation
and management of Mt. Morris Dam as authorized for purposes of flood
control.''
section 1272.
/1/ So in original. Probably should be ''(108)''.
/2/ So in original. This paragraph and succeding paragraphs added
without identifying numbers.
/3/ So in original. Probably should be ''Massachusetts.''
/4/ So in original. Probably should be ''(113)''.
/5/ So in original. Probably should be ''rivers''.
/6/ See Codification note below.
/7/ So in original. Probably should be ''(10)''.
/8/ Refers to par. (106) relating to St. Marys River.
/9/ So in original. Probably should be ''(12)''.
/10/ So in original. Probably should be ''(13)''.
/11/ See References in Text note below.
/12/ So in original. Probably should be ''(14)''.
/13/ So in original. Probably should not be capitalized.
16 USC 1277. Land acquisition
TITLE 16 -- CONSERVATION
(a) Grant of authority to acquire; State and Indian lands; use of
appropriated funds; acquisition of tracts partially outside component
boundaries; disposition of lands
(1) The Secretary of the Interior and the Secretary of Agriculture
are each authorized to acquire lands and interests in land within the
authorized boundaries of any component of the national wild and scenic
rivers system designated in section 1274 of this title, or hereafter
designated for inclusion in the system by Act of Congress, which is
administered by him, but he shall not acquire fee title to an average of
more than 100 acres per mile on both sides of the river. Lands owned by
a State may be acquired only by donation or by exchange in accordance
with subsection (d) of this section. Lands owned by an Indian tribe or
a political subdivision of a State may not be acquired without the
consent of the appropriate governing body thereof as long as the Indian
tribe or political subdivision is following a plan for management and
protection of the lands which the Secretary finds protects the land and
assures its use for purposes consistent with this chapter. Money
appropriated for Federal purposes from the land and water conservation
fund shall, without prejudice to the use of appropriations from other
sources, be available to Federal departments and agencies for the
acquisition of property for the purposes of this chapter.
(2) When a tract of land lies partially within and partially outside
the boundaries of a component of the National Wild and Scenic Rivers
System, the appropriate Secretary may, with the consent of the
landowners for the portion outside the boundaries, acquire the entire
tract. The land or interest therein so acquired outside the boundaries
shall not be counted against the average one-hundred-acre-per-mile fee
title limitation of subsection (a)(1) of this section. The lands or
interests therein outside such boundaries, shall be disposed of,
consistent with existing authorities of law, by sale, lease, or
exchange.
(b) Curtailment of condemnation power in area 50 per centum or more
of which is owned in fee title by Federal or State government
If 50 per centum or more of the entire acreage outside the ordinary
high water mark on both sides of the river within a federally
administered wild, scenic or recreational river area is owned in fee
title by the United States, by the State or States within which it lies,
or by political subdivisions of those States, neither Secretary shall
acquire fee title to any lands by condemnation under authority of this
chapter. Nothing contained in this section, however, shall preclude the
use of condemnation when necessary to clear title or to acquire scenic
easements or such other easements as are reasonably necessary to give
the public access to the river and to permit its members to traverse the
length of the area or of selected segments thereof.
(c) Curtailment of condemnation power in urban areas covered by valid
and satisfactory zoning ordinances
Neither the Secretary of the Interior nor the Secretary of
Agriculture may acquire lands by condemnation, for the purpose of
including such lands in any national wild, scenic or recreational river
area, if such lands are located within any incorporated city, village,
or borough which has in force and applicable to such lands a duly
adopted, valid zoning ordinance that conforms with the purposes of this
chapter. In order to carry out the provisions of this subsection the
appropriate Secretary shall issue guidelines, specifying standards for
local zoning ordinances, which are consistent with the purposes of this
chapter. The standards specified in such guidelines shall have the
object of (A) prohibiting new commercial or industrial uses other than
commercial or industrial uses which are consistent with the purposes of
this chapter, and (B) the protection of the bank lands by means of
acreage, frontage, and setback requirements on development.
(d) Exchange of property
The appropriate Secretary is authorized to accept title to
non-Federal property within the authorized boundaries of any federally
administered component of the national wild and scenic rivers system
designated in section 1274 of this title or hereafter designated for
inclusion in the system by Act of Congress and, in exchange therefor,
convey to the grantor any federally owned property which is under his
jurisdiction within the State in which the component lies and 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, shall be equalized by the payment of
cash to the grantor or to the Secretary as the circumstances require.
(e) Transfer of jurisdiction over federally owned property to
appropriate Secretary
The head of any Federal department or agency having administrative
jurisdiction over any lands or interests in land within the authorized
boundaries of any federally administered component of the national wild
and scenic rivers system designated in section 1274 of this title or
hereafter designated for inclusion in the system by Act of Congress is
authorized to transfer to the appropriate secretary jurisdiction over
such lands for administration in accordance with the provisions of this
chapter. Lands acquired by or transferred to the Secretary of
Agriculture for the purposes of this chapter within or adjacent to a
national forest shall upon such acquisition or transfer become national
forest lands.
(f) Acceptance of donated land, funds, and other property
The appropriate Secretary is authorized to accept donations of lands
and interests in land, funds, and other property for use in connection
with his administration of the national wild and scenic rivers system.
(g) Retained right of use and occupancy; termination; fair market
value; ''improved property'' defined
(1) Any owner or owners (hereinafter in this subsection referred to
as ''owner'') of improved property on the date of its acquisition, may
retain for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes for a definite term not to exceed twenty-five years or, in lieu
thereof, for a term ending at the death of the owner, or the death of
his spouse, or the death of either or both of them. The owner shall
elect the term to be reserved. The appropriate Secretary shall pay to
the owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
(2) A right of use and occupancy retained pursuant to this subsection
shall be subject to termination whenever the appropriate Secretary is
given reasonable cause to find that such use and occupancy is being
exercised in a manner which conflicts with the purposes of this chapter.
In the event of such a finding, the Secretary shall tender to the
holder of that right an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of termination.
Such right of use or occupancy shall terminate by operation of law upon
tender of the fair market price.
(3) The term ''improved property'', as used in this chapter, means a
detached, one-family dwelling (hereinafter referred to as ''dwelling''),
the construction of which was begun before January 1, 1967, (except
where a different date is specifically provided by law with respect to
any particular river) together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as the
dwelling, as the appropriate Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures accessory to
the dwelling which are situated on the land so designated.
(Pub. L. 90-542, 6, Oct. 2, 1968, 82 Stat. 912; Pub. L. 95-625,
title VII, 763(b), Nov. 10, 1978, 92 Stat. 3533; Pub. L. 99-590, title
V, 504, Oct. 30, 1986, 100 Stat. 3336.)
1986 -- Subsec. (a). Pub. L. 99-590, 504(b), (c), designated
existing provisions as par. (1), inserted provisions relating to
acquisition of lands by exchange in accordance with subsec. (d) of this
section, and added par. (2).
Subsec. (b). Pub. L. 99-590, 504(d), inserted requirement that
acreage be outside ordinary high water mark on both sides of the river,
and inserted ''in fee title'' after ''owned''.
Subsec. (e). Pub. L. 99-590, 504(a), substituted ''Congress is'' for
''Congress in''.
1978 -- Subsec. (g)(3). Pub. L. 95-625 inserted ''(except where a
different date is specifically provided by law with respect to any
particular river)''.
16 USC 1278. Restrictions on water resources projects
TITLE 16 -- CONSERVATION
(a) Construction projects licensed by Federal Energy Regulatory
Commission
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act
(41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly
affecting any river which is designated in section 1274 of this title as
a component of the national wild and scenic rivers system or which is
hereafter designated for inclusion in that system, and no department or
agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that would
have a direct and adverse effect on the values for which such river was
established, as determined by the Secretary charged with its
administration. Nothing contained in the foregoing sentence, however,
shall preclude licensing of, or assistance to, developments below or
above a wild, scenic or recreational river area or on any stream
tributary thereto which will not invade the area or unreasonably
diminish the scenic, recreational, and fish and wildlife values present
in the area on the date of designation of a river as a component of the
National Wild and Scenic Rivers System. No department or agency of the
United States shall recommend authorization of any water resources
project that would have a direct and adverse effect on the values for
which such river was established, as determined by the Secretary charged
with its administration, or request appropriations to begin construction
of any such project, whether heretofore or hereafter authorized, without
advising the Secretary of the Interior or the Secretary of Agriculture,
as the case may be, in writing of its intention so to do at least sixty
days in advance, and without specifically reporting to the Congress in
writing at the time it makes its recommendation or request in what
respect construction of such project would be in conflict with the
purposes of this chapter and would affect the component and the values
to be protected by it under this chapter. Any license heretofore or
hereafter issued by the Federal Energy Regulatory Commission affecting
the New River of North Carolina shall continue to be effective only for
that portion of the river which is not included in the National Wild and
Scenic Rivers System pursuant to section 1273 of this title and no
project or undertaking so licensed shall be permitted to invade,
inundate or otherwise adversely affect such river segment.
(b) Construction projects on rivers designated for potential addition
to system
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act,
as amended (16 U.S.C. 791a et seq.), on or directly affecting any river
which is listed in section 1276(a) of this title, and no department or
agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that would
have a direct and adverse effect on the values for which such river
might be designated, as determined by the Secretary responsible for its
study or approval --
(i) during the ten-year period following October 2, 1968, or for a
three complete fiscal year period following any Act of Congress
designating any river for potential addition to the national wild and
scenic rivers system, whichever is later, unless, prior to the
expiration of the relevant period, the Secretary of the Interior and,
where national forest lands are involved, the Secretary of Agriculture,
on the basis of study, determine that such river should not be included
in the national wild and scenic rivers system and notify the Committees
on Interior and Insular Affairs of the United States Congress, in
writing, including a copy of the study upon which the determination was
made, at least one hundred and eighty days while Congress is in session
prior to publishing notice to that effect in the Federal Register:
Provided, That if any Act designating any river or rivers for potential
addition to the national wild and scenic rivers system provides a period
for the study or studies which exceeds such three complete fiscal year
period the period provided for in such Act shall be substituted for the
three complete fiscal year period in the provisions of this clause (i);
and
(ii) during such interim period from the date a report is due and the
time a report is actually submitted to the Congress; and
(iii) during such additional period thereafter as, in the case of any
river the report for which is submitted to the President and the
Congress, is necessary for congressional consideration thereof or, in
the case of any river recommended to the Secretary of the Interior for
inclusion in the national wild and scenic rivers system under section
1273(a)(ii) of this title, is necessary for the Secretary's
consideration thereof, which additional period, however, shall not
exceed three years in the first case and one year in the second.
Nothing contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above a potential
wild, scenic or recreational river area or on any stream tributary
thereto which will not invade the area or diminish the scenic,
recreational, and fish and wildlife values present in the potential
wild, scenic or recreational river area on the date of designation of a
river for study as provided for in section 1276 of this title. No
department or agency of the United States shall, during the periods
hereinbefore specified, recommend authorization of any water resources
project on any such river or request appropriations to begin
construction of any such project, whether heretofore or hereafter
authorized, without advising the Secretary of the Interior and, where
national forest lands are involved, the Secretary of Agriculture in
writing of its intention so to do at least sixty days in advance of
doing so and without specifically reporting to the Congress in writing
at the time it makes its recommendation or request in what respect
construction of such project would be in conflict with the purposes of
this chapter and would affect the component and the values to be
protected by it under this chapter.
(c) Activities in progress affecting river of system; notice to
Secretary
The Federal Energy Regulatory Commission and all other Federal
agencies shall, promptly upon enactment of this chapter, inform the
Secretary of the Interior and, where national forest lands are involved,
the Secretary of Agriculture, of any proceedings, studies, or other
activities within their jurisdiction which are now in progress and which
affect or may affect any of the rivers specified in section 1276(a) of
this title. They shall likewise inform him of any such proceedings,
studies, or other activities which are hereafter commenced or resumed
before they are commenced or resumed.
(d) Grants under Land and Water Conservation Fund Act of 1965
Nothing in this section with respect to the making of a loan or grant
shall apply to grants made under the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.).
(Pub. L. 90-542, 7, Oct. 2, 1968, 82 Stat. 913; Pub. L. 93-279,
1(b)(3), (4), May 10, 1974, 88 Stat. 123; Pub. L. 93-621, 1(c), Jan.
3, 1975, 88 Stat. 2096; Pub. L. 94-407, 1(2), Sept. 11, 1976, 90 Stat.
1238; Pub. L. 95-91, title IV, 402(a)(1)(A), Aug. 4, 1977, 91 Stat.
583; Pub. L. 99-590, title V, 505, Oct. 30, 1986, 100 Stat. 3336.)
The Federal Power Act, referred to in subsecs. (a) and (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.
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (d), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B ( 460l-4 et seq.) of
subchapter LXIX of chapter 1 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
460l-4 of this title and Tables.
1986 -- Subsec. (a). Pub. L. 99-590, 505(a), substituted provisions
relating to values present in the area on the date of designation of a
river as a component of the System, for provisions relating to values
present in the area on Oct. 2, 1968.
Subsec. (b). Pub. L. 99-590, 505(b), added cl. (ii), redesignated
former cl. (ii) as (iii), and substituted provisions relating to values
present in the area on the date of designation of a river for study
pursuant to section 1276 of this title for provisions relating to values
present in the area on the date of approval of this chapter.
1976 -- Subsec. (a). Pub. L. 94-407 inserted provision relating to
licenses issued affecting the New River of North Carolina.
1975 -- Subsec. (b)(i). Pub. L. 93-621 inserted proviso that if any
Act provides a time period for study in excess of the three fiscal year
period, that period shall be substituted for the three complete fiscal
year period provision of cl. (i).
1974 -- Subsec. (b)(i). Pub. L. 93-279, 1(b)(3), substituted
provisions that construction projects may not be licensed or assisted
before Oct. 2, 1978, or for a three year period following inclusion of
a river in the list of rivers for potential addition to the national
wild and scenic river system, unless, prior to that period, the
Secretary of the Interior or the Secretary of Agriculture, as the case
may be, determined that such river should not be so included and
notified the Committees on Interior and Insular Affairs, before
publication in the Federal Register, for provisions that such projects
may not be licensed or assisted before Oct. 2, 1973, unless, prior to
that period, the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, concluded that such river should not be
so included and published notice to that effect in the Federal Register.
Subsec. (b)(ii). Pub. L. 93-279, 1(b)(4), substituted ''the report
for which is submitted to the President and the Congress, is necessary''
for ''which is recommended to the President and the Congress for
inclusion in the national wild and scenic rivers system, is necessary''.
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.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with system activities requiring
coordination and approval under this chapter 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 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), (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.
''Federal Energy Regulatory Commission'' substituted for ''Federal
Power Commission'' in subsecs. (a), (b), and (c) 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 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
part I of Federal Power Act (16 U.S.C. 792 et seq.) transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293
of Title 42.
16 USC 1279. Withdrawal of public lands from entry, sale, or other
disposition under public land laws
TITLE 16 -- CONSERVATION
(a) Lands within authorized boundaries of components of system
All public lands within the authorized boundaries of any component of
the national wild and scenic rivers system which is designated in
section 1274 of this title or which is designated after October 2, 1968,
for inclusion in that system are hereby withdrawn from entry, sale, or
other disposition under the public land laws of the United States. This
subsection shall not be construed to limit the authorities granted in
section 1277(d) or section 1285a of this title.
(b) Lands constituting bed or bank of river; lands within bank area
All public lands which constitute the bed or bank, or are within
one-quarter mile of the bank, of any river which is listed in section
1276(a) of this title are hereby withdrawn from entry, sale, or other
disposition under the public land laws of the United States for the
periods specified in section 1278(b) of this title. Notwithstanding the
foregoing provisions of this subsection or any other provision of this
chapter, subject only to valid existing rights, including valid Native
selection rights under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), all public lands which constitute the bed or bank,
or are within an area extending two miles from the bank of the river
channel on both sides of the river segments referred to in paragraphs
(77) through (88) of section 1276(a) of this title are hereby withdrawn
from entry, sale, State selection or other disposition under the public
land laws of the United States for the periods specified in section
1278(b) of this title.
(Pub. L. 90-542, 8, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96-487,
title VI, 606(c), Dec. 2, 1980, 94 Stat. 2417; Pub. L. 99-590, title
V, 506, Oct. 30, 1986, 100 Stat. 3336.)
The public land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
The Alaska Native Claims Settlement Act, referred to in subsec. (b),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 ( 1601 et seq.) of Title 43. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of Title 43 and Tables.
1986 -- Subsec. (a). Pub. L. 99-590 inserted provisions relating to
construction of subsec. (a) with respect to authorities granted in
section 1277(d) or 1285a of this title.
1980 -- Subsec. (b). Pub. L. 96-487 inserted provision withdrawing,
subject to valid existing rights, all public lands which constitute the
bed or bank, or are within an area extending two miles from the bank of
the river channel on both sides of the river segments referred to in
section 1276(a)(77) through (88) of this title, from entry, sale, State
selection or other disposition under the public land laws for periods
specified in section 1278(b) of this title.
16 USC 1280. Federal mining and mineral leasing laws
TITLE 16 -- CONSERVATION
(a) Applicability to components of system
Nothing in this chapter shall affect the applicability of the United
States mining and mineral leasing laws within components of the national
wild and scenic rivers system except that --
(i) all prospecting, mining operations, and all other activities on
mining claims which, in the case of a component of the system designated
in section 1274 of this title, have not heretofore been perfected or
which, in the case of a component hereafter designated pursuant to this
chapter or any other Act of Congress, are not perfected before its
inclusion in the system and all mining operations and other activities
under a mineral lease, license, or permit issued or renewed after
inclusion of a component in the system shall be subject to such
regulations as the Secretary of the Interior or, in the case of national
forest lands, the Secretary of Agriculture may prescribe to effectuate
the purposes of this chapter;
(ii) subject to valid existing rights, the perfection of, issuance of
a patent to, any mining claim affecting lands within the system shall
confer or convey a right or title only to the mineral deposits and such
rights only to the use of the surface and the surface resources as are
reasonably required to carrying on prospecting or mining operations and
are consistent with such regulations as may be prescribed by the
Secretary of the Interior or, in the case of national forest lands, by
the Secretary of Agriculture; and
(iii) subject to valid existing rights, the minerals in Federal lands
which are part of the system and constitute the bed or bank or are
situated within one-quarter mile of the bank of any river designated a
wild river under this chapter or any subsequent Act are hereby withdrawn
from all forms of appropriation under the mining laws and from operation
of the mineral leasing laws including, in both cases, amendments
thereto.
Regulations issued pursuant to paragraphs (i) and (ii) of this
subsection shall, among other things, provide safeguards against
pollution of the river involved and unnecessary impairment of the
scenery within the component in question.
(b) Withdrawal from appropriation of minerals in Federal river beds
or bank areas; prospecting, leases, licenses, and permits
The minerals in any Federal lands which constitute the bed or bank or
are situated within one-quarter mile of the bank of any river which is
listed in section 1276(a) of this title are hereby withdrawn from all
forms of appropriation under the mining laws during the periods
specified in section 1278(b) of this title. Nothing contained in this
subsection shall be construed to forbid prospecting or the issuance of
leases, licenses, and permits under the mineral leasing laws subject to
such conditions as the Secretary of the Interior and, in the case of
national forest lands, the Secretary of Agriculture find appropriate to
safeguard the area in the event it is subsequently included in the
system. Notwithstanding the foregoing provisions of this subsection or
any other provision of this chapter, all public lands which constitute
the bed or bank, or are within an area extending two miles from the bank
of the river channel on both sides of the river segments referred to in
paragraphs (77) through (88) of section 1276(a) of this title are hereby
withdrawn subject to valid existing rights, from all forms of
appropriation under the mining laws and from operation of the mineral
leasing laws including, in both cases, amendments thereto, during the
periods specified in section 1278(b) of this title.
(Pub. L. 90-542, 9, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96-487,
title VI, 606(b), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99-590, title
V, 507, Oct. 30, 1986, 100 Stat. 3336.)
The United States mineral leasing laws, referred to in text, have
been defined in sections 351, 505, 530, and 541e of Title 30, Mineral
Lands and Mining, 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 generally 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.
1986 -- Subsec. (b). Pub. L. 99-590 substituted ''issuance of
leases'' for ''issuance or leases''.
1980 -- Subsec. (b). Pub. L. 96-487 inserted provision withdrawing,
subject to valid existing rights, all public lands which constitute the
bed or bank, or are within an area extending two miles from the bank of
the river channel or both sides of the river segments referred to in
section 1276(a)(77) through (88) of this title, from all forms of
appropriations under the mining laws and operation of the mineral
leasing laws during the periods specified in section 1278(b) of this
title.
16 USC 1281. Administration
TITLE 16 -- CONSERVATION
(a) Public use and enjoyment of components; protection of features;
management plans
Each component of the national wild and scenic rivers system shall be
administered in such manner as to protect and enhance the values which
caused it to be included in said system without, insofar as is
consistent therewith, limiting other uses that do not substantially
interfere with public use and enjoyment of these values. In such
administration primary emphasis shall be given to protecting its
esthetic, scenic, historic, archeologic, and scientific features.
Management plans for any such component may establish varying degrees of
intensity for its protection and development, based on the special
attributes of the area.
(b) Wilderness areas
Any portion of a component of the national wild and scenic rivers
system that is within the national wilderness preservation system, as
established by or pursuant to the Wilderness Act (16 U.S.C. 1131 et
seq.), shall be subject to the provisions of both the Wilderness Act and
this chapter with respect to preservation of such river and its
immediate environment, and in case of conflict between the provisions of
the Wilderness Act and this chapter the more restrictive provisions
shall apply.
(c) Areas administered by National Park Service and Fish and Wildlife
Service
Any component of the national wild and scenic rivers system that is
administered by the Secretary of the Interior through the National Park
Service shall become a part of the national park system, and any such
component that is administered by the Secretary through the Fish and
Wildlife Service shall become a part of the national wildlife refuge
system. The lands involved shall be subject to the provisions of this
chapter and the Acts under which the national park system or national
wildlife system, as the case may be, is administered, and in case of
conflict between the provisions of this chapter and such Acts, the more
restrictive provisions shall apply. The Secretary of the Interior, in
his administration of any component of the national wild and scenic
rivers system, may utilize such general statutory authorities relating
to areas of the national park system and such general statutory
authorities otherwise available to him for recreation and preservation
purposes and for the conservation and management of natural resources as
he deems appropriate to carry out the purposes of this chapter.
(d) Statutory authorities relating to national forests
The Secretary of Agriculture, in his administration of any component
of the national wild and scenic rivers system area, may utilize the
general statutory authorities relating to the national forests in such
manner as he deems appropriate to carry out the purposes of this
chapter.
(e) Cooperative agreements with State and local governments
The Federal agency charged with the administration of any component
of the national wild and scenic rivers system may enter into written
cooperative agreements with the Governor of a State, the head of any
State agency, or the appropriate official of a political subdivision of
a State for State or local governmental participation in the
administration of the component. The States and their political
subdivisions shall be encouraged to cooperate in the planning and
administration of components of the system which include or adjoin
State- or county-owned lands.
(Pub. L. 90-542, 10, Oct. 2, 1968, 82 Stat. 916.)
The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally
to chapter 23 ( 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The Acts under which the national park system and the national
wildlife system are administered, referred to in subsec. (c), are
classified generally to this title.
The first reference to the Wilderness Act in subsec. (b) was in the
original a reference to the Act of September 3, 1964 (78 Stat. 890).
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior and Secretary or other official
in Department of Agriculture under this chapter to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, and subsequent transfer to Secretary of Energy, see note set out
under section 1278 of this title.
Pub. L. 96-312, 9(b), July 23, 1980, 94 Stat. 953, as amended Pub.
L. 98-231, 1, Mar. 14, 1984, 98 Stat. 60, provided: ''That segment
of the main Salmon River designated as a component of the Wild and
Scenic Rivers System by this Act (see 16 U.S.C. 1274(a)(24)), which lies
within the Frank Church -- River of No Return Wilderness or the
Gospel-Hump Wilderness designated by Public Law 95-237 (Pub. L. 95-237,
4, Feb. 24, 1978, 92 Stat. 43), shall be managed under the provisions
of the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271 et seq),
and the regulations promulgated pursuant thereto, notwithstanding
section 10(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(b)) or
any provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) to the
contrary.''
16 USC 1282. Assistance to State and local projects
TITLE 16 -- CONSERVATION
(a) Assistance of Secretary of the Interior
The Secretary of the Interior shall encourage and assist the States
to consider, in formulating and carrying out their comprehensive
statewide outdoor recreation plans and proposals for financing
assistance for State and local projects submitted pursuant to the Land
and Water Conservation Fund Act of 1965 (78 Stat. 897) (16 U.S.C. 460l-4
et seq.), needs and opportunities for establishing State and local wild,
scenic and recreational areas.
(b) Assistance of Secretaries of the Interior, Agriculture, or other
Federal agency heads; use of Federal facilities, equipment, etc.;
conditions on permits or other authorizations
(1) The Secretary of the Interior, the Secretary of Agriculture, or
the head of any other Federal agency, shall assist, advise, and
cooperate with States or their political subdivisions, landowners,
private organizations, or individuals to plan, protect, and manage river
resources. Such assistance, advice, and cooperation may be through
written agreements or otherwise. This authority applies within or
outside a federally administered area and applies to rivers which are
components of the National Wild and Scenic Rivers System and to other
rivers. Any agreement under this subsection may include provisions for
limited financial or other assistance to encourage participation in the
acquisition, protection, and management of river resources.
(2) Wherever appropriate in furtherance of this chapter, the
Secretary of Agriculture and the Secretary of the Interior are
authorized and encouraged to utilize the following:
(A) For activities on federally owned land, the Volunteers in the
Parks Act of 1969 (16 U.S.C. 18g et seq.) and the Volunteers in the
Forest Act of 1972 (16 U.S.C. 558a-558d).
(B) For activities on all other lands, section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) (relating to the
development of statewide comprehensive outdoor recreation plans).
(3) For purposes of this subsection, the appropriate Secretary or the
head of any Federal agency may utilize and make available Federal
facilities, equipment, tools and technical assistance to volunteers and
volunteer organizations, subject to such limitations and restrictions as
the appropriate Secretary or the head of any Federal agency deems
necessary or desirable.
(4) No permit or other authorization provided for under provision of
any other Federal law shall be conditioned on the existence of any
agreement provided for in this section.
(Pub. L. 90-542, 11, Oct. 2, 1968, 82 Stat. 916; Pub. L. 99-590,
title V, 508, Oct. 30, 1986, 100 Stat. 3337.)
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B ( 460l-4 et seq.) of
subchapter LXIX of chapter 1 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
460l-4 of this title and Tables.
The Volunteers in the Parks Act of 1969, referred to in subsec.
(b)(2)(A), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as amended,
which is classified generally to subchapter II ( 18g et seq.) of chapter
1 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 18g of this title and Tables.
The Volunteers in the Forest Act of 1972, referred to in subsec.
(b)(2)(A), probably means the Volunteers in the National Forests Act of
1972, Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended, which is
classified generally to section 558a et seq. of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 558a of this title and Tables.
1986 -- Subsec. (a). Pub. L. 99-590 struck out provisions relating
to provision of technical assistance and advice to and cooperation with
States, etc., in establishment of areas.
Subsec. (b). Pub. L. 99-590 amended subsec. (b) generally. Prior to
amendment, subsec. (b) read as follows: ''The Secretaries of
Agriculture and of Health and Human Services shall likewise, in
accordance with the authority vested in them assist, advise, and
cooperate with State and local agencies and private interests with
respect to establishing such wild, scenic and recreational river
areas.''
16 USC 1283. Management policies
TITLE 16 -- CONSERVATION
(a) Action of Secretaries and heads of agencies; cooperative
agreements
The Secretary of the Interior, the Secretary of Agriculture, and the
head of any other Federal department or agency having jurisdiction over
any lands which include, border upon, or are adjacent to, any river
included within the National Wild and Scenic Rivers System or under
consideration for such inclusion, in accordance with section
1273(a)(ii), 1274(a), or 1276(a) of this title, shall take such action
respecting management policies, regulations, contracts, plans, affecting
such lands, following November 10, 1978, as may be necessary to protect
such rivers in accordance with the purposes of this chapter. Such
Secretary or other department or agency head shall, where appropriate,
enter into written cooperative agreements with the appropriate State or
local official for the planning, administration, and management of
Federal lands which are within the boundaries of any rivers for which
approval has been granted under section 1273(a)(ii) of this title.
Particular attention shall be given to scheduled timber harvesting, road
construction, and similar activities which might be contrary to the
purposes of this chapter.
(b) Existing rights, privileges, and contracts affecting Federal
lands
Nothing in this section shall be construed to abrogate any existing
rights, privileges, or contracts affecting Federal lands held by any
private party without consent of said party.
(c) Water pollution
The head of any agency administering a component of the national wild
and scenic rivers system shall cooperate with the Administrator,
Environmental Protection Agency and with the appropriate State water
pollution control agencies for the purpose of eliminating or diminishing
the pollution of waters of the river.
(Pub. L. 90-542, 12, Oct. 2, 1968, 82 Stat. 917; Pub. L. 95-625,
title VII, 762, Nov. 10, 1978, 92 Stat. 3533; Pub. L. 99-590, title V,
509, Oct. 30, 1986, 100 Stat. 3337.)
1986 -- Subsec. (c). Pub. L. 99-590 substituted ''Administrator,
Environmental Protection Agency'' for ''Secretary of the Interior''.
1978 -- Subsec. (a). Pub. L. 95-625 substituted provision for action
to be taken by Secretaries and heads of agencies for prior provision for
review by such officials, made provision applicable to rivers included
within the System, included references to rivers covered in sections
1273(a)(ii) and 1274(a) of this title, and required cooperative
agreements with appropriate State or local officials for planning,
administration, and management of Federal lands within boundaries of
rivers approved under section 1273(a)(ii) of this title.
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior and Secretary or other official
in Department of Agriculture under this chapter to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, and subsequent transfer to Secretary of Energy, see note set out
under section 1278 of this title.
16 USC 1284. Existing State jurisdiction and responsibilities
TITLE 16 -- CONSERVATION
(a) Fish and wildlife
Nothing in this chapter shall affect the jurisdiction or
responsibilities of the States with respect to fish and wildlife.
Hunting and fishing shall be permitted on lands and waters administered
as parts of the system under applicable State and Federal laws and
regulations unless, in the case of hunting, those lands or waters are
within a national park or monument. The administering Secretary may,
however, designate zones where, and establish periods when, no hunting
is permitted for reasons of public safety, administration, or public use
and enjoyment and shall issue appropriate regulations after consultation
with the wildlife agency of the State or States affected.
(b) Compensation for water rights
The jurisdiction of the States and the United States over waters of
any stream included in a national wild, scenic or recreation river area
shall be determined by established principles of law. Under the
provisions of this chapter, any taking by the United States of a water
right which is vested under either State or Federal law at the time such
river is included in the national wild and scenic rivers system shall
entitle the owner thereof to just compensation. Nothing in this chapter
shall constitute an express or implied claim or denial on the part of
the Federal Government as to exemption from State water laws.
(c) Reservation of waters for other purposes or in unnecessary
quantities prohibited
Designation of any stream or portion thereof as a national wild,
scenic or recreational river area shall not be construed as a
reservation of the waters of such streams for purposes other than those
specified in this chapter, or in quantities greater than necessary to
accomplish these purposes.
(d) State jurisdiction over included streams
The jurisdiction of the States over waters of any stream included in
a national wild, scenic or recreational river area shall be unaffected
by this chapter to the extent that such jurisdiction may be exercised
without impairing the purposes of this chapter or its administration.
(e) Interstate compacts
Nothing contained in this chapter shall be construed to alter, amend,
repeal, interpret, modify, or be in conflict with any interstate compact
made by any States which contain any portion of the national wild and
scenic rivers system.
(f) Rights of access to streams
Nothing in this chapter shall affect existing rights of any State,
including the right of access, with respect to the beds of navigable
streams, tributaries, or rivers (or segments thereof) located in a
national wild, scenic or recreational river area.
(g) Easements and rights-of-way
The Secretary of the Interior or the Secretary of Agriculture, as the
case may be, may grant easements and rights-of-way upon, over, under,
across, or through any component of the national wild and scenic rivers
system in accordance with the laws applicable to the national park
system and the national forest system, respectively: Provided, That any
conditions precedent to granting such easements and rights-of-way shall
be related to the policy and purpose of this chapter.
(Pub. L. 90-542, 13, Oct. 2, 1968, 82 Stat. 917.)
16 USC 1285. Claim and allowance of charitable deduction for
contribution or gift of easement
TITLE 16 -- CONSERVATION
The claim and allowance of the value of an easement as a charitable
contribution under section 170 of title 26, or as a gift under section
2522 of said title shall constitute an agreement by the donor on behalf
of himself, his heirs, and assigns that, if the terms of the instrument
creating the easement are violated, the donee or the United States may
acquire the servient estate at its fair market value as of the time the
easement was donated minus the value of the easement claimed and allowed
as a charitable contribution or gift.
(Pub. L. 90-542, 14, Oct. 2, 1968, 82 Stat. 918.)
16 USC 1285a. Lease of Federal lands
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; restrictive covenants
Where appropriate in the discretion of the Secretary, he may lease
federally owned land (or any interest therein) which is within the
boundaries of any component of the National Wild and Scenic Rivers
System and which has been acquired by the Secretary under this chapter.
Such lease shall be subject to such restrictive covenants as may be
necessary to carry out the purposes of this chapter.
(b) Offer to prior owner
Any land to be leased by the Secretary under this section shall be
offered first for such lease to the person who owned such land
immediately before its acquisition by the United States.
(Pub. L. 90-542, 14A, as added Pub. L. 95-625, title VII, 764, Nov.
10, 1978, 92 Stat. 3534.)
16 USC 1285b. Establishment of boundaries for certain component rivers
in Alaska; withdrawal of minerals
TITLE 16 -- CONSERVATION
Notwithstanding any other provision to the contrary in sections 1274
and 1280 of this title, with respect to components of the National Wild
and Scenic Rivers System in Alaska designated by paragraphs (38) through
(50) of section 1274(a) of this title --
(1) the boundary of each such river shall include an average of not
more than six hundred and forty acres per mile on both sides of the
river. Such boundary shall not include any lands owned by the State or
a political subdivision of the State nor shall such boundary extend
around any private lands adjoining the river in such manner as to
surround or effectively surround such private lands; and
(2) the withdrawal made by paragraph (iii) of section 1280(a) of this
title shall apply to the minerals in Federal lands which constitute the
bed or bank or are situated within one-half mile of the bank of any
river designated a wild river by the Alaska National Interest Lands
Conservation Act.
(Pub. L. 90-542, 15, as added Pub. L. 96-487, title VI, 606(a),
Dec. 2, 1980, 94 Stat. 2416.)
The Alaska National Interest Lands Conservation Act, referred to in
par. (2), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.
16 USC 1286. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, the term --
(a) ''River'' means a flowing body of water or estuary or a section,
portion, or tributary thereof, including rivers, streams, creeks, runs,
kills, rills, and small lakes.
(b) ''Free-flowing'', as applied to any river or section of a river,
means existing or flowing in natural condition without impoundment,
diversion, straightening, rip-rapping, or other modification of the
waterway. The existence, however, of low dams, diversion works, and
other minor structures at the time any river is proposed for inclusion
in the national wild and scenic rivers system shall not automatically
bar its consideration for such inclusion: Provided, That this shall not
be construed to authorize, intend, or encourage future construction of
such structures within components of the national wild and scenic rivers
system.
(c) ''Scenic easement'' means the right to control the use of land
(including the air space above such land) within the authorized
boundaries of a component of the wild and scenic rivers system, for the
purpose of protecting the natural qualities of a designated wild, scenic
or recreational river area, but such control shall not affect, without
the owner's consent, any regular use exercised prior to the acquisition
of the easement. For any designated wild and scenic river, the
appropriate Secretary shall treat the acquisition of fee title with the
reservation of regular existing uses to the owner as a scenic easement
for purposes of this chapter. Such an acquisition shall not constitute
fee title ownership for purposes of section 1277(b) of this title.
(Pub. L. 90-542, 16, formerly 15, Oct. 2, 1968, 82 Stat. 918; Pub.
L. 93-279, 1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L.
96-487, title VI, 606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L.
99-590, title V, 510, Oct. 30, 1986, 100 Stat. 3337.)
1986 -- Subsec. (c). Pub. L. 99-590 inserted provisions relating to
function of appropriate Secretary with respect to acquisition of fee
title.
1974 -- Subsec. (c). Pub. L. 93-279 substituted ''within the
authorized boundaries of a component of the wild and scenic rivers
system, for the purpose of protecting the natural qualities of a
designated wild, scenic or recreational river area'' for ''for the
purposes of protecting the scenic view from the river''.
16 USC 1287. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated, including such sums
as have heretofore been appropriated, the following amounts for land
acquisition for each of the rivers (described in section 1274(a) of this
title):
Clearwater, Middle Fork, Idaho, $2,909,800;
Eleven Point, Missouri, $10,407,000;
Feather Middle Fork, California, $3,935,700;
Rio Grande, New Mexico, $253,000;
Rogue, Oregon, $15,147,000;
St. Croix, Minnesota and Wisconsin, $21,769,000;
Salmon Middle Fork, Idaho, $1,837,000;
Wolf, Wisconsin, $142,150.
(Pub. L. 90-542, 17, formerly 16, Oct. 2, 1968, 82 Stat. 918; Pub.
L. 93-279, 1(d), May 10, 1974, 88 Stat. 123; Pub. L. 94-273, 2(11),
Apr. 21, 1976, 90 Stat. 375; Pub. L. 95-625, title VII, 751-754,
763(c), Nov. 10, 1978, 92 Stat. 3532, 3533; renumbered Pub. L. 96-487,
title VI, 606(a), Dec. 2, 1980, 94 Stat. 2416.)
1978 -- Pub. L. 95-625, 751-754, 763(c), increased appropriations
authorization for the following rivers, substituting for:
Eleven Point, $10,407,000 for $4,906,500;
Rogue, $15,147,000 for $12,447,200;
Saint Croix, $21,769,000 for $11,768,550; and
Salmon, $1,837,000 for $1,237,100; and
struck out subsec. (a) designation and subsec. (b) which provided
for expiration of authority to make authorized appropriations on Sept.
30, 1979.
1976 -- Subsec. (b). Pub. L. 94-273 substituted ''September'' for
''June''.
1974 -- Pub. L. 93-279 added subsecs. (a) and (b). Former
unlettered provisions authorizing appropriation of amounts up to
$17,000,000 for the acquisition of lands and interests in land were
struck out.
16 USC CHAPTER 29 -- WATER BANK PROGRAM FOR WETLANDS PRESERVATION
TITLE 16 -- CONSERVATION
Sec.
1301. Congressional declaration of policy; authority of Secretary.
1302. Conservation agreements to effectuate water bank program;
duration and renewal; adjustment of payment rate for renewal period;
wetlands defined; duration of ownership or control of land as
determining eligibility for agreements; protection of and compensation
for tenants and sharecroppers; participation by owner or operator in
other Federal or State programs.
1303. Terms of agreement; required provisions.
1304. Annual payment; adjustment.
1305. Renewal or extension of agreement; participation of
subsequent owner or operator in program.
1306. Termination or modification of agreements.
1307. Utilization of services and facilities.
1308. Advisory Board; appointment; functions; membership;
reimbursement for expenses.
1309. Consultation with Secretary of the Interior; conformity of
program with wetlands programs administered by Secretary of the
Interior; consultation with and utilization of technical services of
appropriate local, State, Federal, and private conservation agencies;
coordination of programs.
1310. Authorization of appropriations; maximum amount of payments
pursuant to agreements.
1311. Rules and regulations.
16 USC 1301. Congressional declaration of policy; authority of
Secretary
TITLE 16 -- CONSERVATION
The Congress finds that it is in the public interest to preserve,
restore, and improve the wetlands of the Nation, and thereby to conserve
surface waters, to preserve and improve habitat for migratory waterfowl
and other wildlife resources, to reduce runoff, soil and wind erosion,
and contribute to flood control, to contribute to improved water quality
and reduce stream sedimentation, to contribute to improved subsurface
moisture, to reduce acres of new land coming into production and to
retire lands now in agricultural production, to enhance the natural
beauty of the landscape, and to promote comprehensive and total water
management planning. The Secretary of Agriculture (hereinafter in this
chapter referred to as the ''Secretary'') is authorized and directed to
formulate and carry out a continuous program to prevent the serious loss
of wetlands, and to preserve, restore, and improve such lands, which
program shall begin on July 1, 1971.
(Pub. L. 91-559, 2, Dec. 19, 1970, 84 Stat. 1468.)
Section 1 of Pub. L. 91-559 provided: ''That this Act (enacting
this chapter) may be cited as the 'Water Bank Act'.''
16 USC 1302. Conservation agreements to effectuate water bank program;
duration and renewal; adjustment of payment rate for renewal period;
wetlands defined; duration of ownership or control of land as
determining eligibility for agreements; protection of and compensation
for tenants and sharecroppers; participation by owner or operator in
other Federal or State programs
TITLE 16 -- CONSERVATION
In effectuating the water bank program authorized by this chapter,
the Secretary shall have authority to enter into agreements with
landowners and operators in important migratory waterfowl nesting and
breeding areas for the conservation of water on specified farm, ranch,
or other wetlands identified in a conservation plan developed in
cooperation with the Soil and Water Conservation District in which the
lands are located, under such rules and regulations as the Secretary may
prescribe. These agreements shall be entered into for a period of ten
years, with provision for renewal for additional periods of ten years
each. The Secretary shall, beginning in 1980, reexamine the payment
rates at the beginning of the fifth year of any such ten-year initial or
renewal period and before the beginning of any renewal period, in the
light of the then current land and crop values, and make needed
adjustments in rates for any such initial or renewal period as provided
in section 1304 of this title. In addition, the Secretary shall,
beginning in 1980, reexamine the payment rates in any agreement that has
been in effect for five years or more in the light of current land and
crop values and make any needed adjustments in rates. As used in this
chapter, the term ''wetlands'' means (1) the inland fresh areas
described as types 1 through 7 in Circular 39, Wetlands of the United
States, published by the United States Department of the Interior (or
the inland fresh areas corresponding to such types in any successor
wetland classification system developed by the Department of the
Interior), (2) artificially developed inland fresh areas that meet the
description of the inland fresh areas described in clause (1) of this
sentence, and (3) such other wetland types as the Secretary may
designate. No agreement shall be entered into under this chapter
concerning land with respect to which the ownership or control has
changed in the two-year period preceding the first year of the agreement
period unless the new ownership was acquired by will or succession as a
result of the death of the previous owner, or unless the new ownership
was acquired prior to July 1, 1971, under other circumstances which the
Secretary determines, and specifies by regulation, will give adequate
assurance that such land was not acquired for the purpose of placing it
in the program, except that this sentence shall not be construed to
prohibit the continuation of an agreement by a new owner or operator
after an agreement has once been entered into under this chapter. A
person who has operated the land to be covered by an agreement under
this chapter for as long as two years preceding the date of the
agreement and who controls the land for the agreement period shall not
be required to own the land as a condition of eligibility for entering
into the agreement. Nothing in this section shall prevent an owner or
operator from placing land in the program if the land was acquired by
the owner or operator to replace eligible land from which he was
displaced because of its acquisition by any Federal, State, or other
agency having the right of eminent domain. The Secretary shall provide
adequate safeguards to protect the interests of tenants and
sharecroppers, including provision for sharing, on a fair and equitable
basis, in payments or compensation under this program. No provision of
this chapter shall prevent an owner or operator who is participating in
the program under this chapter from participating in other Federal or
State programs designed to conserve or protect wetlands.
(Pub. L. 91-559, 3, Dec. 19, 1970, 84 Stat. 1469; Pub. L. 96-182,
1, 2, Jan. 2, 1980, 93 Stat. 1317.)
1980 -- Pub. L. 96-182, in provisions relating to the reexamination
of payment rates, substituted provisions requiring the Secretary to make
such reexamination, beginning in 1980, at the beginning of the fifth
year of any ten-year initial or renewal period and before the beginning
of any renewal period, and make adjustments in accordance with section
1304 of this title, and in agreements in effect for five years or more,
requiring the Secretary to make adjustments in the light of current land
and crop values for provisions requiring reexamination and adjustment at
the beginning of the ten-year renewal period only, and, in definition of
''wetlands'', designated existing provisions as cl. (1) and, among
other changes, substituted types 1-7 for types 1-5, and added cls. (2)
and (3).
16 USC 1303. Terms of agreement; required provisions
TITLE 16 -- CONSERVATION
In the agreement between the Secretary and an owner or operator, the
owner or operator shall agree --
(1) to place in the program for the period of the agreement eligible
wetland areas he designates, which areas may include wetlands covered by
a Federal or State government easement which permits agricultural use,
together with such adjacent areas as determined desirable by the
Secretary;
(2) not to drain, burn, fill, or otherwise destroy the wetland
character of such areas, nor to use such areas for agricultural
purposes, as determined by the Secretary;
(3) to effectuate the wetland conservation and development plan for
his land in accordance with the terms of the agreement, unless any
requirement thereof is waived or modified by the Secretary pursuant to
section 1306 of this title;
(4) to forfeit all rights to further payments or grants under the
agreement and refund to the United States all payments or grants
received thereunder upon his violation of the agreement at any stage
during the time he has control of the land subject to the agreement if
the Secretary determines that such violation is of such a nature as to
warrant termination of the agreement, or to make refunds or accept such
payment adjustments as the Secretary may deem appropriate if he
determines that the violation by the owner or operator does not warrant
termination of the agreement;
(5) upon transfer of his right and interest in the lands subject to
the agreement during the agreement period, to forfeit all rights to
further payments or grants under the agreement and refund to the United
States all payments or grants received thereunder during the year of the
transfer unless the transferee of any such land agrees with the
Secretary to assume all obligations of the agreement;
(6) not to adopt any practice specified by the Secretary in the
agreement as a practice which would tend to defeat the purposes of the
agreement; and
(7) to such additional provisions as the Secretary determines are
desirable and includes in the agreement to effectuate the purposes of
the program or to facilitate its administration.
(Pub. L. 91-559, 4, Dec. 19, 1970, 84 Stat. 1470.)
16 USC 1304. Annual payment; adjustment
TITLE 16 -- CONSERVATION
In return for the agreement of the owner or operator, the Secretary
shall (1) make an annual payment to the owner or operator for the period
of the agreement at such rate or rates as the Secretary determines to be
fair and reasonable in consideration of the obligations undertaken by
the owner or operator; and (2) bear such part of the average cost of
establishing and maintaining conservation and development practices on
the wetlands and adjacent areas for the purposes of this chapter as the
Secretary determines to be appropriate. In making his determination,
the Secretary shall consider, among other things, the rate of
compensation necessary to encourage owners or operators of wetlands to
participate in the water bank program. The rate or rates of annual
payments as determined hereunder shall be increased, by an amount
determined by the Secretary to be appropriate, in relation to the
benefit to the general public of the use of the wetland areas, together
with designated adjacent areas, if the owner or operator agrees to
permit, without other compensation, access to such acreage by the
general public, during the agreement period, for hunting, trapping,
fishing, and hiking, subject to applicable State and Federal
regulations. The rates of annual payment shall be adjusted, to the
extent provided for in advance by appropriation Acts, in accordance with
section 1302 of this title.
(Pub. L. 91-559, 5, Dec. 19, 1970, 84 Stat. 1470; Pub. L. 96-182,
3, Jan. 2, 1980, 93 Stat. 1317.)
1980 -- Pub. L. 96-182 inserted provisions that the rates of annual
payment shall be adjusted, to the extent provided for in advance by
appropriation acts, in accordance with section 1302 of this title.
16 USC 1305. Renewal or extension of agreement; participation of
subsequent owner or operator in program
TITLE 16 -- CONSERVATION
Any agreement may be renewed or extended at the end of the agreement
period for an additional period of ten years by mutual agreement of the
Secretary and the owner or operator, subject to any rate redetermination
by the Secretary. If during the agreement period the owner or operator
sells or otherwise divests himself of the ownership or right of
occupancy of such land, the new owner or operator may continue such
agreement under the same terms or conditions, or enter into a new
agreement in accordance with the provisions of this chapter, including
the provisions for renewal and adjustment of payment rates, or he may
choose not to participate in such program.
(Pub. L. 91-559, 6, Dec. 19, 1970, 84 Stat. 1471.)
16 USC 1306. Termination or modification of agreements
TITLE 16 -- CONSERVATION
The Secretary may terminate any agreement by mutual agreement with
the owner or operator if the Secretary determines that such termination
would be in the public interest, and may agree to such modification of
agreements as he may determine to be desirable to carry out the purposes
of the program or facilitate its administration.
(Pub. L. 91-559, 7, Dec. 19, 1970, 84 Stat. 1471.)
16 USC 1307. Utilization of services and facilities
TITLE 16 -- CONSERVATION
In carrying out the program, the Secretary may utilize the services
of local, county, and State committees established under section 590h of
this title. The Secretary is authorized to utilize the facilities and
services of the Commodity Credit Corporation in discharging his
functions and responsibilities under this program.
(Pub. L. 91-559, 8, Dec. 19, 1970, 84 Stat. 1471.)
16 USC 1308. Advisory Board; appointment; functions; membership;
reimbursement for expenses
TITLE 16 -- CONSERVATION
The Secretary may, without regard to the civil service laws, appoint
an Advisory Board to advise and consult on matters relating to his
functions under this chapter as he deems appropriate. The Board shall
consist of persons chosen from members of organizations such as wildlife
organizations, land-grant colleges, farm organizations, State game and
fish departments, soil and water conservation district associations,
water management organizations, and representatives of the general
public. Members of such an Advisory Board who are not regular full-time
employees of the United States shall be entitled to reimbursement on an
actual expense basis for attendance at Advisory Board meetings.
(Pub. L. 91-559, 9, Dec. 19, 1970, 84 Stat. 1471.)
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.
Advisory boards 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 board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 1309. Consultation with Secretary of the Interior; conformity
of program with wetlands programs administered by Secretary of the
Interior; consultation with and utilization of technical services of
appropriate local, State, Federal, and private conservation agencies;
coordination of programs
TITLE 16 -- CONSERVATION
The Secretary shall consult with the Secretary of the Interior and
take appropriate measures to insure that the program carried out
pursuant to this chapter is in harmony with wetlands programs
administered by the Secretary of the Interior. He shall also, insofar
as practicable, consult with and utilize the technical and related
services of appropriate local, State, Federal, and private conservation
agencies to assure coordination of the program with programs of such
agencies and a solid technical foundation for the program.
(Pub. L. 91-559, 10, Dec. 19, 1970, 84 Stat. 1471.)
16 USC 1310. Authorization of appropriations; maximum amount of
payments pursuant to agreements
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated without fiscal year
limitation, such sums as may be necessary to carry out the program
authorized by this chapter. In carrying out the program, in each fiscal
year through the fiscal year ending September 30, 1980, the Secretary
shall not enter into agreements with owners and operators which would
require payments to owners or operators in any calendar year under such
agreements in excess of $10,000,000. In carrying out the program, in
each fiscal year after the fiscal year ending September 30, 1980, the
Secretary shall not enter into agreements with owners and operators
which would require payments to owners or operators in any calendar year
under such agreements in excess of $30,000,000. Not more than 15
percent of the funds authorized to be appropriated in any fiscal year
after the fiscal year ending September 30, 1980, may be used for
agreements entered into with owners or operators in any one State.
(Pub. L. 91-559, 11, Dec. 19, 1970, 84 Stat. 1471; Pub. L. 96-182,
4, Jan. 2, 1980, 93 Stat. 1317.)
1980 -- Pub. L. 96-182 limited restrictions on Secretary's authority
to enter into agreements in excess of $10,000,000 to each fiscal year
through fiscal year ending Sept. 30, 1980, and inserted restrictions
relating to agreements in excess of $30,000,000 for each fiscal year
after fiscal year ending Sept. 30, 1980, and that not more than 15
percent of the funds authorized to be appropriated in any fiscal year
after fiscal year ending Sept. 30, 1980, may be used for agreements
entered into with owners or operators in any one State.
16 USC 1311. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary shall prescribe such regulations as he determines
necessary and desirable to carry out the provisions of this chapter.
(Pub. L. 91-559, 12, Dec. 19, 1970, 84 Stat. 1471.)
16 USC CHAPTER 30 -- WILD HORSES AND BURROS: PROTECTION, MANAGEMENT,
AND CONTROL
TITLE 16 -- CONSERVATION
Sec.
1331. Congressional findings and declaration of policy.
1332. Definitions.
1333. Powers and duties of Secretary.
(a) Jurisdiction; management; ranges; ecological balance
objectives; scientific recommendations; forage allocation adjustments.
(b) Inventory and determinations; consultation; overpopulation;
research study: submittal to Congress.
(c) Title of transferee to limited number of excess animals adopted
for requisite period.
(d) Loss of status as wild free-roaming horses and burros; exclusion
from coverage.
1334. Private maintenance; numerical approximation; strays on
private lands: removal; destruction by agents.
1335. Recovery rights.
1336. Cooperative agreements; regulations.
1337. Joint advisory board; appointment; membership; functions;
qualifications; reimbursement limitations.
1338. Criminal provisions.
(a) Violations; penalties; trial.
(b) Arrest; appearance for examination or trial; warrants:
issuance and execution.
1338a. Transportation of captured animals; procedures and
prohibitions applicable.
1339. Limitation of authority.
1340. Joint report to Congress; consultation and coordination of
implementation, enforcement, and departmental activities; studies.
16 USC 1331. Congressional findings and declaration of policy
TITLE 16 -- CONSERVATION
Congress finds and declares that wild free-roaming horses and burros
are living symbols of the historic and pioneer spirit of the West; that
they contribute to the diversity of life forms within the Nation and
enrich the lives of the American people; and that these horses and
burros are fast disappearing from the American scene. It is the policy
of Congress that wild free-roaming horses and burros shall be protected
from capture, branding, harassment, or death; and to accomplish this
they are to be considered in the area where presently found, as an
integral part of the natural system of the public lands.
(Pub. L. 92-195, 1, Dec. 15, 1971, 85 Stat. 649.)
Pub. L. 92-195, Dec. 15, 1971, 85 Stat. 649, which enacted this
chapter, is popularly known as the ''Wild Free-Roaming Horses and Burros
Act''.
16 USC 1332. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter --
(a) ''Secretary'' means the Secretary of the Interior when used in
connection with public lands administered by him through the Bureau of
Land Management and the Secretary of Agriculture in connection with
public lands administered by him through the Forest Service;
(b) ''wild free-roaming horses and burros'' means all unbranded and
unclaimed horses and burros on public lands of the United States;
(c) ''range'' means the amount of land necessary to sustain an
existing herd or herds of wild free-roaming horses and burros, which
does not exceed their known territorial limits, and which is devoted
principally but not necessarily exclusively to their welfare in keeping
with the multiple-use management concept for the public lands;
(d) ''herd'' means one or more stallions and his mares; and
(e) ''public lands'' means any lands administered by the Secretary of
the Interior through the Bureau of Land Management or by the Secretary
of Agriculture through the Forest Service.
(f) ''excess animals'' means wild free-roaming horses or burros (1)
which have been removed from an area by the Secretary pursuant to
applicable law or, (2) which must be removed from an area in order to
preserve and maintain a thriving natural ecological balance and
multiple-use relationship in that area.
(Pub. L. 92-195, 2, Dec. 15, 1971, 85 Stat. 649; Pub. L. 95-514,
14(b), Oct. 25, 1978, 92 Stat. 1810.)
1978 -- Subsec. (f). Pub. L. 95-514 added subsec. (f).
16 USC 1333. Powers and duties of Secretary
TITLE 16 -- CONSERVATION
(a) Jurisdiction; management; ranges; ecological balance
objectives; scientific recommendations; forage allocation adjustments
All wild free-roaming horses and burros are hereby declared to be
under the jurisdiction of the Secretary for the purpose of management
and protection in accordance with the provisions of this chapter. The
Secretary is authorized and directed to protect and manage wild
free-roaming horses and burros as components of the public lands, and he
may designate and maintain specific ranges on public lands as
sanctuaries for their protection and preservation, where the Secretary
after consultation with the wildlife agency of the State wherein any
such range is proposed and with the Advisory Board established in
section 1337 of this title deems such action desirable. The Secretary
shall manage wild free-roaming horses and burros in a manner that is
designed to achieve and maintain a thriving natural ecological balance
on the public lands. He shall consider the recommendations of qualified
scientists in the field of biology and ecology, some of whom shall be
independent of both Federal and State agencies and may include members
of the Advisory Board established in section 1337 of this title. All
management activities shall be at the minimal feasible level and shall
be carried out in consultation with the wildlife agency of the State
wherein such lands are located in order to protect the natural
ecological balance of all wildlife species which inhabit such lands,
particularly endangered wildlife species. Any adjustments in forage
allocations on any such lands shall take into consideration the needs of
other wildlife species which inhabit such lands.
(b) Inventory and determinations; consultation; overpopulation;
research study: submittal to Congress
(1) The Secretary shall maintain a current inventory of wild
free-roaming horses and burros on given areas of the public lands. The
purpose of such inventory shall be to: make determinations as to
whether and where an overpopulation exists and whether action should be
taken to remove excess animals; determine appropriate management levels
of wild free-roaming horses and burros on these areas of the public
lands; and determine whether appropriate management levels should be
achieved by the removal or destruction of excess animals, or other
options (such as sterilization, or natural controls on population
levels). In making such determinations the Secretary shall consult with
the United States Fish and Wildlife Service, wildlife agencies of the
State or States wherein wild free-roaming horses and burros are located,
such individuals independent of Federal and State government as have
been recommended by the National Academy of Sciences, and such other
individuals whom he determines have scientific expertise and special
knowledge of wild horse and burro protection, wildlife management and
animal husbandry as related to rangeland management.
(2) Where the Secretary determines on the basis of (i) the current
inventory of lands within his jurisdiction; (ii) information contained
in any land use planning completed pursuant to section 1712 of title 43;
(iii) information contained in court ordered environmental impact
statements as defined in section 1902 of title 43; and (iv) such
additional information as becomes available to him from time to time,
including that information developed in the research study mandated by
this section, or in the absence of the information contained in (i-iv)
above on the basis of all information currently available to him, that
an overpopulation exists on a given area of the public lands and that
action is necessary to remove excess animals, he shall immediately
remove excess animals from the range so as to achieve appropriate
management levels. Such action shall be taken, in the following order
and priority, until all excess animals have been removed so as to
restore a thriving natural ecological balance to the range, and protect
the range from the deterioration associated with overpopulation:
(A) The Secretary shall order old, sick, or lame animals to be
destroyed in the most humane manner possible;
(B) The Secretary shall cause such number of additional excess wild
free-roaming horses and burros to be humanely captured and removed for
private maintenance and care for which he determines an adoption demand
exists by qualified individuals, and for which he determines he can
assure humane treatment and care (including proper transportation,
feeding, and handling): Provided, That, not more than four animals may
be adopted per year by any individual unless the Secretary determines in
writing that such individual is capable of humanely caring for more than
four animals, including the transportation of such animals by the
adopting party; and
(C) The Secretary shall cause additional excess wild free-roaming
horses and burros for which an adoption demand by qualified individuals
does not exist to be destroyed in the most humane and cost efficient
manner possible.
(3) For the purpose of furthering knowledge of wild horse and burro
population dynamics and their interrelationship with wildlife, forage
and water resources, and assisting him in making his determination as to
what constitutes excess animals, the Secretary shall contract for a
research study of such animals with such individuals independent of
Federal and State government as may be recommended by the National
Academy of Sciences for having scientific expertise and special
knowledge of wild horse and burro protection, wildlife management and
animal husbandry as related to rangeland management. The terms and
outline of such research study shall be determined by a research design
panel to be appointed by the President of the National Academy of
Sciences. Such study shall be completed and submitted by the Secretary
to the Senate and House of Representatives on or before January 1, 1983.
(c) Title of transferee to limited number of excess animals adopted
for requisite period
Where excess animals have been transferred to a qualified individual
for adoption and private maintenance pursuant to this chapter and the
Secretary determines that such individual has provided humane
conditions, treatment and care for such animal or animals for a period
of one year, the Secretary is authorized upon application by the
transferee to grant title to not more than four animals to the
transferee at the end of the one-year period.
(d) Loss of status as wild free-roaming horses and burros; exclusion
from coverage
Wild free-roaming horses and burros or their remains shall lose their
status as wild free-roaming horses or burros and shall no longer be
considered as falling within the purview of this chapter --
(1) upon passage of title pursuant to subsection (c) of this section
except for the limitation of subsection (c)(1) of this section; or
(2) if they have been transferred for private maintenance or adoption
pursuant to this chapter and die of natural causes before passage of
title; or
(3) upon destruction by the Secretary or his designee pursuant to
subsection (b) of this section; or
(4) if they die of natural causes on the public lands or on private
lands where maintained thereon pursuant to section 1334 of this title
and disposal is authorized by the Secretary or his designee; or
(5) upon destruction or death for purposes of or incident to the
program authorized in this section; Provided, That no wild free-roaming
horse or burro or its remains may be sold or transferred for
consideration for processing into commercial products.
(Pub. L. 92-195, 3, Dec. 15, 1971, 85 Stat. 649; Pub. L. 95-514,
14(a), Oct. 25, 1978, 92 Stat. 1808.)
Section 1902 of title 43, referred to in subsec. (b)(2), was in the
original ''section 2 of the Public Range Lands Improvement Act of 1978''
(classified to 43 U.S.C. 1901) and was changed to reflect the probable
intent of Congress.
1978 -- Subsec. (b). Pub. L. 95-514 substituted provisions for:
maintaining current inventory of wild free-roaming horses and burros;
listing the purpose of the inventory and determinations to be made in
consultation with persons of scientific expertise and special knowledge;
immediate removal of excess animals from the range on the basis of
information from various sources so as to achieve appropriate management
levels; order and priority of removal; and research study to be
reported to Congress for prior authorization of humane destruction of
old, sick, or lame animals and capture and removal of additional excess
animals for private maintenance under humane conditions and care, now
incorporated in subsec. (b)(2)(A) and (B).
Subsec. (c). Pub. L. 95-514 substituted provision for grant of title
to limited number of excess animals adopted for requisite period for
prior authorization of humane destruction of wild free-roaming horses
and burros as an act of mercy or to prevent overpopulation only when
necessary to preserve and maintain the habitat in a suitable condition
for continued use.
Subsec. (d). Pub. L. 95-514 substituted provisions relating to
circumstances and conditions operating to take wild free-roaming horses
and burros or their remains from the purview of this chapter for prior
declaration that nothing in the chapter shall preclude the customary
disposal of the remains of a deceased wild free-roaming horse or burro,
including those in the authorized possession of private parties, and
prohibition of sale for any consideration, directly or indirectly, of
the remains, or any part thereof, now incorporated in cl. (5).
Advisory boards 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 board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 1334. Private maintenance; numerical approximation; strays on
private lands: removal; destruction by agents
TITLE 16 -- CONSERVATION
If wild free-roaming horses or burros stray from public lands onto
privately owned land, the owners of such land may inform the nearest
Federal marshall or agent of the Secretary, who shall arrange to have
the animals removed. In no event shall such wild free-roaming horses
and burros be destroyed except by the agents of the Secretary. Nothing
in this section shall be construed to prohibit a private landowner from
maintaining wild free-roaming horses or burros on his private lands, or
lands leased from the Government, if he does so in a manner that
protects them from harassment, and if the animals were not willfully
removed or enticed from the public lands. Any individuals who maintain
such wild free-roaming horses or burros on their private lands or lands
leased from the Government shall notify the appropriate agent of the
Secretary and supply him with a reasonable approximation of the number
of animals so maintained.
(Pub. L. 92-195, 4, Dec. 15, 1971, 85 Stat. 650.)
16 USC 1335. Recovery rights
TITLE 16 -- CONSERVATION
A person claiming ownership of a horse or burro on the public lands
shall be entitled to recover it only if recovery is permissible under
the branding and estray laws of the State in which the animal is found.
(Pub. L. 92-195, 5, Dec. 15, 1971, 85 Stat. 650.)
16 USC 1336. Cooperative agreements; regulations
TITLE 16 -- CONSERVATION
The Secretary is authorized to enter into cooperative agreements with
other landowners and with the State and local governmental agencies and
may issue such regulations as he deems necessary for the furtherance of
the purposes of this chapter.
(Pub. L. 92-195, 6, Dec. 15, 1971, 85 Stat. 650.)
16 USC 1337. Joint advisory board; appointment; membership;
functions; qualifications; reimbursement limitation
TITLE 16 -- CONSERVATION
The Secretary of the Interior and the Secretary of Agriculture are
authorized and directed to appoint a joint advisory board of not more
than nine members to advise them on any matter relating to wild
free-roaming horses and burros and their management and protection.
They shall select as advisers persons who are not employees of the
Federal or State Governments and whom they deem to have special
knowledge about protection of horses and burros, management of wildlife,
animal husbandry, or natural resources management. Members of the board
shall not receive reimbursement except for travel and other expenditures
necessary in connection with their services.
(Pub. L. 92-195, 7, Dec. 15, 1971, 85 Stat. 650.)
Advisory boards 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 board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 1338. Criminal provisions
TITLE 16 -- CONSERVATION
(a) Violations; penalties; trial
Any person who --
(1) willfully removes or attempts to remove a wild free-roaming horse
or burro from the public lands, without authority from the Secretary, or
(2) converts a wild free-roaming horse or burro to private use,
without authority from the Secretary, or
(3) maliciously causes the death or harassment of any wild
free-roaming horse or burro, or
(4) processes or permits to be processed into commercial products the
remains of a wild free-roaming horse or burro, or
(5) sells, directly or indirectly, a wild free-roaming horse or burro
maintained on private or leased land pursuant to section 1334 of this
title, or the remains thereof, or
(6) willfully violates a regulation issued pursuant to this chapter,
shall be subject to a fine of not more than $2,000, or imprisonment
for not more than one year, or both. Any person so charged with such
violation by the Secretary may be tried and sentenced by any United
States commissioner or 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.
(b) Arrest; appearance for examination or trial; warrants:
issuance and execution
Any employee designated by the Secretary of the Interior or the
Secretary of Agriculture shall have power, without warrant, to arrest
any person committing in the presence of such employee a violation of
this chapter or any regulation made pursuant thereto, and to take such
person immediately for examination or trial before an officer or court
of competent jurisdiction, and 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. 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.
(Pub. L. 92-195, 8, Dec. 15, 1971, 85 Stat. 650; Pub. L. 101-650,
title III, 321, Dec. 1, 1990, 104 Stat. 5117.)
''United States magistrate judge'' and ''magistrate judge''
substituted for ''United States magistrate'' and ''magistrate'',
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.
16 USC 1338a. Transportation of captured animals; procedures and
prohibitions applicable
TITLE 16 -- CONSERVATION
In administering this chapter, the Secretary may use or contract for
the use of helicopters or, for the purpose of transporting captured
animals, motor vehicles. Such use shall be undertaken only after a
public hearing and under the direct supervision of the Secretary or of a
duly authorized official or employee of the Department. The provisions
of section 47(a) of title 18 shall not be applicable to such use. Such
use shall be in accordance with humane procedures prescribed by the
Secretary.
(Pub. L. 92-195, 9, as added Pub. L. 94-579, title IV, 404, Oct.
21, 1976, 90 Stat. 2775.)
16 USC 1339. Limitation of authority
TITLE 16 -- CONSERVATION
Nothing in this chapter shall be construed to authorize the Secretary
to relocate wild free-roaming horses or burros to areas of the public
lands where they do not presently exist.
(Pub. L. 92-195, 10, formerly 9, Dec. 15, 1971, 85 Stat. 651,
renumbered Pub. L. 94-579, title IV, 404, Oct. 21, 1976, 90 Stat.
2775.)
16 USC 1340. Joint report to Congress; consultation and coordination
of implementation, enforcement, and departmental activities; studies
TITLE 16 -- CONSERVATION
After the expiration of thirty calendar months following December 15,
1971, and every twenty-four calendar months thereafter, the Secretaries
of the Interior and Agriculture will submit to Congress a joint report
on the administration of this chapter, including a summary of
enforcement and/or other actions taken thereunder, costs, and such
recommendations for legislative or other actions as he might deem
appropriate.
The Secretary of the Interior and the Secretary of Agriculture shall
consult with respect to the implementation and enforcement of this
chapter and to the maximum feasible extent coordinate the activities of
their respective departments and in the implementation and enforcement
of this chapter. The Secretaries are authorized and directed to
undertake those studies of the habits of wild free-roaming horses and
burros that they may deem necessary in order to carry out the provisions
of this chapter.
(Pub. L. 92-195, 11, formerly 10, Dec. 15, 1971, 85 Stat. 651,
renumbered Pub. L. 94-579, title IV, 404, Oct. 21, 1976, 90 Stat.
2775.)
16 USC CHAPTER 31 -- MARINE MAMMAL PROTECTION
TITLE 16 -- CONSERVATION
Sec.
1361. Congressional findings and declaration of policy.
1362. Definitions.
1371. Moratorium on taking and importing marine mammals and marine
mammal products.
(a) Imposition; exceptions.
(b) Exemptions for Alaskan natives.
(c) Hardship exemption.
1372. Prohibitions.
(a) Taking.
(b) Importation of pregnant or nursing mammals; depleted species or
stock; inhumane taking.
(c) Importation of illegally taken mammals.
(d) Nonapplicability of prohibitions.
(e) Retroactive effect.
(f) Commercial taking of whales.
1373. Regulations on taking of marine mammals.
(a) Necessity and appropriateness.
(b) Factors considered in prescribing regulations.
(c) Allowable restrictions.
(d) Procedure.
(e) Periodic review.
(f) Report to Congress.
1374. Permits.
(a) Issuance.
(b) Requisite provisions.
(c) Importation for scientific research, public display, or enhancing
survival or recovery of species or stock.
(d) Application procedures; notice; hearing; review.
(e) Modification, suspension, and revocation.
(f) Possession of permit by issuee or his agent.
(g) Fees.
(h) General permits; extension of general permit to American
Tunaboat Association; monitoring of incidental taking of marine
mammals.
1375. Penalties.
1376. Seizure and forfeiture of cargo.
(a) Application of consistent provisions.
(b) Penalties.
(c) Reward for information leading to conviction.
1377. Enforcement.
(a) Utilization of personnel.
(b) State officers and employees.
(c) Warrants and other process for enforcement.
(d) Execution of process; arrest; search; seizure.
(e) Disposition of seized cargo.
1378. International program.
(a) Duties of Secretary.
(b) Consultations and studies concerning North Pacific fur seals.
(c) Description of annual results of discussions; proposals for
further action.
1379. Transfer of management authority.
(a) State enforcement of State laws or regulations prohibited without
transfer to State of management authority by Secretary.
(b) Findings prerequisite to transfer of authority; State program;
implementation.
(c) Standards with which State process must comply.
(d) Cooperative allocation agreements.
(e) Revocation of transfer of management authority.
(f) Transfer of management authority to State of Alaska.
(g) Environmental impact statement not required.
(h) Taking of marine mammals as part of official duties.
(i) Regulations covering taking of marine mammals by Alaskan natives.
(j) Grants to develop or administer State conservation and management
programs.
(k) Delegation of administration and enforcement to States.
(l) Authorization of appropriations.
1380. Marine mammal research grants.
(a) Authorization; research concerning yellowfin tuna; annual
report.
(b) Terms and conditions.
(c) Authorization of appropriations.
1381. Commercial fisheries gear development.
(a) Research and development program; report to Congress;
authorization of appropriations.
(b) Reduction of level of taking of marine mammals incidental to
commercial fishing operations.
(c) Reduction of level of taking of marine mammals in tuna fishery.
(d) Research and observation.
1382. Regulations and administration.
(a) Consultation with Federal agencies.
(b) Cooperation by Federal agencies.
(c) Contracts, leases and cooperative agreements.
(d) Annual review; suspension of program.
1383. Application to other treaties and conventions.
1383a. Interim exemption for commercial fisheries.
(a) Effective and termination dates of preemptive provisions; law
governing incidental taking of marine mammals in course of commercial
yellowfin tuna fishing.
(b) Proposed and final list of fisheries taking marine mammals;
publication in Federal Register; grant of exemption; conditions;
suspension of grant of exemption; administration of exemption
provisions; fees.
(c) Compilation of information by vessel owners; contents.
(d) Program for enhancement and verification of information received
from vessel owners; confidentiality of information.
(e) Observers on board exempted vessels; confidentiality of
information; authorization of appropriations.
(f) Alternative observation program.
(g) Review of information and evaluation of effects of incidental
taking on population stocks of marine mammals; promulgation of
emergency regulations to mitigate immediate and significant adverse
impacts; action to mitigate non-immediate impacts.
(h) Information and management system for processing and analyzing
reports and information; accessibility to public.
(i) Utilization of services of State and Federal agencies and private
entities.
(j) Confidentiality of information; exceptions.
(k) Regulations.
(l) Suggested regime governing incidental taking of marine mammals
following termination of interim exemptions.
(m) Consultation with Secretary of the Interior.
(n) Owner of fixed commercial fishing gear deemed owner of vessel
engaged in fishery in which gear deployed.
(o) Definitions.
1383b. Status review; conservation plans.
(a) Determinations by rule; notice and hearing; findings; final
rule on status of species or stock involved.
(b) Conservation plans; preparation and implementation.
1384. Authorization of appropriations.
(a) Department of Commerce.
(b) Department of the Interior.
1385. Dolphin protection.
(a) Short title.
(b) Findings.
(c) Definitions.
(d) Labeling standard.
(e) Enforcement.
(f) Regulations.
(g) Omitted.
(h) Negotiations.
(i) Effective date.
1401. Establishment.
(a) Designation.
(b) Membership and term of office.
(c) Chairman.
(d) Compensation; reimbursement for travel expenses.
(e) Executive Director.
1402. Duties of Commission.
(a) Reports and recommendations.
(b) Consultation with Secretary; reports to Secretary before
publication.
(c) Availability of reports for public inspection.
(d) Recommendations; explanation for nonadoption.
1403. Committee of Scientific Advisors on Marine Mammals.
(a) Establishment; membership.
(b) Compensation; reimbursement for travel expenses.
(c) Consultation with Commission on studies and recommendations;
explanation for non-adoption.
1404. Reports.
1405. Coordination with other Federal agencies.
1406. Administration.
1407. Authorization of appropriations.
1411. Findings and policy.
(a) Findings.
(b) Policy.
1412. International agreements to establish global moratorium to
prohibit certain tuna harvesting practices.
(a) In general.
(b) Terms of agreement.
(c) Compliance by United States with moratorium.
1413. Research programs.
(a) In general.
(b) Limitations on dolphin mortality.
(c) Funding.
(d) Review of research proposals.
1414. Reviews, reports, and recommendations.
(a) Reports by Secretary.
(b) Recommendations of Secretary.
1415. International commitments.
(a) Limitation on application of ban on imports.
(b) Subsequent bans on fish and fish product imports for failure to
comply with commitments.
(c) Reviews and reports.
1416. Permits for taking dolphins.
(a) Additional restrictions under general permit.
(b) Permits required for taking dolphins for research purposes.
(c) ''Major purse seine tuna fishing country'' defined.
1417. Prohibitions.
(a) In general.
(b) Penalties.
(c) Civil forfeitures.
(d) Dolphin safe tuna.
1418. Authorization of appropriations.
1421. Establishment of Program.
(a) Establishment.
(b) Purposes.
1421a. Determination; data collection and dissemination.
(a) Determination for release.
(b) Collection.
(c) Availability.
1421b. Stranding response agreements.
(a) In general.
(b) Required provision.
(c) Review.
1421c. Unusual mortality event response.
(a) Response.
(b) Contingency plan.
(c) Onsite coordinators.
1421d. Unusual mortality event activity funding.
(a) Establishment of Fund.
(b) Uses.
(c) Deposits into Fund.
(d) Acceptance of donations.
1421e. Liability.
(a) In general.
(b) Limitation.
1421f. National Marine Mammal Tissue Bank and tissue analysis.
(a) Tissue Bank.
(b) Tissue analysis.
(c) Data base.
(d) Access.
1421g. Authorization of appropriations.
1421h. Definitions.
16 USC SUBCHAPTER I -- GENERALLY
TITLE 16 -- CONSERVATION
16 USC 1361. Congressional findings and declaration of policy
TITLE 16 -- CONSERVATION
The Congress finds that --
(1) certain species and population stocks of marine mammals are, or
may be, in danger of extinction or depletion as a result of man's
activities;
(2) such species and population stocks should not be permitted to
diminish beyond the point at which they cease to be a significant
functioning element in the ecosystem of which they are a part, and,
consistent with this major objective, they should not be permitted to
diminish below their optimum sustainable population. Further measures
should be immediately taken to replenish any species or population stock
which has already diminished below that population. In particular,
efforts should be made to protect the rookeries, mating grounds, and
areas of similar significance for each species of marine mammal from the
adverse effect of man's actions;
(3) there is inadequate knowledge of the ecology and population
dynamics of such marine mammals and of the factors which bear upon their
ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the
development of international arrangements for research on, and
conservation of, all marine mammals;
(5) marine mammals and marine mammal products either --
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is
important to other animals and animal products which move in interstate
commerce,
and that the protection and conservation of marine mammals is
therefore necessary to insure the continuing availability of those
products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great
international significance, esthetic and recreational as well as
economic, and it is the sense of the Congress that they should be
protected and encouraged to develop to the greatest extent feasible
commensurate with sound policies of resource management and that the
primary objective of their management should be to maintain the health
and stability of the marine ecosystem. Whenever consistent with this
primary objective, it should be the goal to obtain an optimum
sustainable population keeping in mind the carrying capacity of the
habitat.
(Pub. L. 92-522, 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97-58,
1(b)(1), Oct. 9, 1981, 95 Stat. 979.)
1981 -- Par. (6). Pub. L. 97-58 substituted ''carrying capacity''
for ''optimum carrying capacity''.
Section 4 of Pub. L. 92-522 provided that: ''The provisions of this
Act (enacting this chapter) shall take effect upon the expiration of the
sixty-day period following the date of its enactment (Oct. 21, 1972).''
Pub. L. 102-587, title III, 3001, Nov. 4, 1992, 106 Stat. 5059,
provided that: ''This title (enacting subchapter V of this chapter,
amending sections 1362, 1372, 1379, and 1382 of this title and section
183c of Title 46, Appendix, Shipping, and enacting provisions set out as
notes under sections 1421 and 1421a of this title) may be cited as the
'Marine Mammal Health and Stranding Response Act'.''
Pub. L. 102-523, 1, Oct. 26, 1992, 106 Stat. 3425, provided that:
''This Act (enacting subchapter IV of this chapter and amending sections
952, 953, 973r, and 1362 of this title) may be cited as the
'International Dolphin Conservation Act of 1992'.''
Pub. L. 100-711, 1, Nov. 23, 1988, 102 Stat. 4755, provided:
''That this Act (enacting sections 1383a and 1383b of this title,
amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402, and
1407 of this title and section 1978 of Title 22, Foreign Relations and
Intercourse, enacting provisions set out as a note under this section,
and amending provisions set out as a note under section 1384 of this
title) may be cited as the 'Marine Mammal Protection Act Amendments of
1988'.''
Section 1 of Pub. L. 92-522 provided in part that: ''This Act
(enacting this chapter) may be cited as the 'Marine Mammal Protection
Act of 1972'.''
Pub. L. 102-567, title III, 306, Oct. 29, 1992, 106 Stat. 4284,
provided that:
''(a) Study. -- The Secretary of Commerce shall conduct a study in
the eastern Gulf of Mexico on the effects of feeding of noncaptive
dolphins by human beings. The study conducted pursuant to this section
shall be designed to detect any behavior or diet modification resulting
from this feeding and to identify the effects, if any, of these
modifications on the health and well-being of the dolphins.
''(b) External Review. -- In design and conduct of the study required
under subsection (a), the Secretary shall consult with the National
Academy of Sciences and the Marine Mammal Commission.
''(c) Report. -- Within 18 months after the date of the enactment of
this Act (Oct. 29, 1992), the Secretary shall submit to the Committee on
Merchant Marine and Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted pursuant to subsection
(a).''
Pub. L. 100-711, 7, Nov. 23, 1988, 102 Stat. 4771, required
Secretary of Commerce to conduct a study regarding east coast epidemic
during 1987 and 1988 which caused substantial mortality within North
Atlantic coastal population of Atlantic bottle-nosed dolphin, such study
to examine (1) cause or causes of epidemic, (2) effect of epidemic on
coastal and offshore populations of Atlantic bottle-nosed dolphin, (3)
extent to which pollution may have contributed to epidemic, (4) whether
other species and populations of marine mammals were affected by those
factors which contributed to epidemic, and (5) any other matters
pertaining to causes and effects of epidemic, with Secretary to submit
on or before Jan. 1, 1989, to Committee on Commerce, Science, and
Transportation of the Senate and Committee on Merchant Marine and
Fisheries of the House of Representatives a plan for conducting the
study.
Pub. L. 95-426, title VI, 602, Oct. 7, 1978, 92 Stat. 985,
provided that: ''It is the sense of the Congress that the President
should convey to all countries having an interest in cetacean sea life
the serious concern of the Congress regarding the continuing destruction
of these marine mammals (highlighted by the recent slaughter of dolphins
in the Sea of Japan by Japanese fishermen) and should encourage such
countries --
''(1) to join in international discussions with other such countries
in order to advance general understanding of cetacean life and thereby
facilitate an effective use of the living marine resources of the world
which does not jeopardize the natural balance of the aquatic
environment;
''(2) to participate in an exchange of information with the National
Marine Fisheries Service of the United States Department of Commerce,
including cooperation in studies of --
''(A) the impact of cetaceans on ecologically related human
foodstuffs, and
''(B) alternative methods of dealing with cetacean problems as they
occur;
''(3) to cooperate in establishing an international cetacean
commission to advance understanding of cetacean life and to insure the
effective conservation and protection of cetaceans on a global scale;
and
''(4) to adopt comprehensive marine mammal protection legislation.''
16 USC 1362. Definitions
TITLE 16 -- CONSERVATION
For the purposes of this chapter --
(1) The term ''depletion'' or ''depleted'' means any case in which --
(A) the Secretary, after consultation with the Marine Mammal
Commission and the Committee of Scientific Advisors on Marine Mammals
established under subchapter III of this chapter, determines that a
species or population stock is below its optimum sustainable population;
(B) a State, to which authority for the conservation and management
of a species or population stock is transferred under section 1379 of
this title, determines that such species or stock is below its optimum
sustainable population; or
(C) a species or population stock is listed as an endangered species
or a threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(2) The terms ''conservation'' and ''management'' means the
collection and application of biological information for the purposes of
increasing and maintaining the number of animals within species and
populations of marine mammals at their optimum sustainable population.
Such terms include the entire scope of activities that constitute a
modern scientific resource program, including, but not limited to,
research, census, law enforcement, and habitat acquisition and
improvement. Also included within these terms, when and where
appropriate, is the periodic or total protection of species or
populations as well as regulated taking.
(3) The term ''district court of the United States'' includes the
District Court of Guam, District Court of the Virgin Islands, District
Court of Puerto Rico, District Court of the Canal Zone, and, in the case
of American Samoa and the Trust Territory of the Pacific Islands, the
District Court of the United States for the District of Hawaii.
(4) The term ''humane'' in the context of the taking of a marine
mammal means that method of taking which involves the least possible
degree of pain and suffering practicable to the mammal involved.
(5) The term ''intermediary nation'' means a nation that exports
yellowfin tuna or yellowfin tuna products to the United States and that
imports yellowfin tuna or yellowfin tuna products that are subject to a
direct ban on importation into the United States pursuant to section
1371(a)(2)(B) of this title.
(6) The term ''marine mammal'' means any mammal which (A) is
morphologically adapted to the marine environment (including sea otters
and members of the orders Sirenia, Pinnipedia and Cetacea), or (B)
primarily inhabits the marine environment (such as the polar bear);
and, for the purposes of this chapter, includes any part of any such
marine mammal, including its raw, dressed, or dyed fur or skin.
(7) The term ''marine mammal product'' means any item of merchandise
which consists, or is composed in whole or in part, of any marine
mammal.
(8) The term ''moratorium'' means a complete cessation of the taking
of marine mammals and a complete ban on the importation into the United
States of marine mammals and marine mammal products, except as provided
in this chapter.
(9) The term ''optimum sustainable population'' means, with respect
to any population stock, the number of animals which will result in the
maximum productivity of the population or the species, keeping in mind
the carrying capacity of the habitat and the health of the ecosystem of
which they form a constituent element.
(10) The term ''person'' includes (A) any private person or entity,
and (B) any officer, employee, agent, department, or instrumentality of
the Federal Government, of any State or political subdivision thereof,
or of any foreign government.
(11) The term ''population stock'' or ''stock'' means a group of
marine mammals of the same species or smaller taxa in a common spatial
arrangement, that interbreed when mature.
(12)(A) Except as provided in subparagraph (B), the term
''Secretary'' means --
(i) the Secretary of the department in which the National Oceanic and
Atmospheric Administration is operating, as to all responsibility,
authority, funding, and duties under this chapter with respect to
members of the order Cetacea and members, other than walruses, of the
order Pinnipedia, and
(ii) the Secretary of the Interior as to all responsibility,
authority, funding, and duties under this chapter with respect to all
other marine mammals covered by this chapter.
(B) in /1/ subchapter V /2/ of this chapter the term ''Secretary''
means the Secretary of Commerce.
(13) The term ''take'' means to harass, hunt, capture, or kill, or
attempt to harass, hunt, capture, or kill any marine mammal.
(14) The term ''United States'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, and Northern Mariana
Islands.
(15) /3/ The term ''waters under the jurisdiction of the United
States'' means --
(A) the territorial sea of the United States, and
(B) 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.
(15) /3/ The term ''fishery'' means --
(A) one or more stocks of fish which can be treated as a unit for
purposes of conservation and management and which are identified on the
basis of geographical, scientific, technical, recreational, and economic
characteristics; and
(B) any fishing for such stocks.
(16) The term ''competent regional organization'' --
(A) for the tuna fishery in the eastern tropical Pacific Ocean, means
the Inter-American Tropical Tuna Commission; and
(B) in any other case, means an organization consisting of those
nations participating in a tuna fishery, the purpose of which is the
conservation and management of that fishery and the management of issues
relating to that fishery.
(17) The term ''intermediary nation'' means a nation that exports
yellowfin tuna or yellowfin tuna products to the United States and that
imports yellowfin tuna or yellowfin tuna products that are subject to a
direct ban on importation into the United States pursuant to section
1371(a)(2)(B) of this title. If such nation certifies and provides
reasonable proof to the Secretary that it has not imported, within the
preceding six months, any yellowfin tuna or yellowfin tuna products that
are subject to a direct ban on importation to the United States pursuant
to this section, the Secretary shall, as soon as practicable after
receiving complete information regarding certification and proof, make
an affirmative finding that such nation does not constitute an
intermediary nation for purposes of this section.
(Pub. L. 92-522, 3, Oct. 21, 1972, 86 Stat. 1028; Pub. L. 93-205,
13(e)(1), Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-265, title IV,
404(a), Apr. 13, 1976, 90 Stat. 360; Pub. L. 97-58, 1(a), (b)(2), Oct.
9, 1981, 95 Stat. 979; Pub. L. 102-251, title III, 304, Mar. 9, 1992,
106 Stat. 65; Pub. L. 102-523, 2(c), Oct. 26, 1992, 106 Stat. 3432;
Pub. L. 102-582, title IV, 401(a), Nov. 2, 1992, 106 Stat. 4909; Pub.
L. 102-587, title III, 3004(b), Nov. 4, 1992, 106 Stat. 5067.)
Pub. L. 102-251, title III, 304, 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,
paragraph (15) is amended to read as follows:
(15) The term ''waters under the jurisdiction of the United States''
means --
(A) the territorial sea of the United States;
(B) 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; and
(C) 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, 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.
The Endangered Species Act of 1973, referred to in par. (1)(C), 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.
Subchapter V of this chapter, referred to in par. (12)(B), was in
the original ''title III'', meaning title III of Pub. L. 92-522 as
added by section 3003(a) of Pub. L. 102-587, which is classified to
subchapter V of this chapter. Another title III of Pub. L. 92-522 was
added by section 2(a) of Pub. L. 102-523 and is classified to
subchapter IV of this chapter.
1992 -- Pars. (5) to (11). Pub. L. 102-582 added par. (5) and
redesignated former pars. (5) to (10) as (6) to (11), respectively.
Par. (12). Pub. L. 102-587, which directed the amendment of par.
(11) by substituting ''(A) Except as provided in subparagraph (B), the
term'' for ''The term'', redesignating former subpars. (A) and (B) as
cls. (i) and (ii), respectively, and adding subpar. (B), was executed
to par. (12) to reflect the probable intent of Congress and the
intervening redesignation of par. (11) as (12) by Pub. L. 102-582.
See below.
Pub. L. 102-582 redesignated par. (11) as (12). Former par. (12)
redesignated (13).
Pars. (13), (14). Pub. L. 102-582 redesignated pars. (12) and (13)
as (13) and (14), respectively. Former par. (14) redesignated (15).
Par. (15). Pub. L. 102-582 redesignated par. (14), defining waters
under the jurisdiction of the United States, as (15).
Pub. L. 102-523 added par. (15) defining fishery.
Pars. (16), (17). Pub. L. 102-523 added pars. (16) and (17).
1981 -- Par. (1). Pub. L. 97-58, 1(b)(2)(A), substituted a single
management standard, that is, the maintenance of species at their
optimum sustainable population, for the former management standard which
had included the decline of a species or population stock that had
declined to a significant degree over a period of years, the decline of
a species or population stock which, if continued or resumed, would
place the species or stock within the provisions of the Endangered
Species Act of 1973, and a species or population stock that was below
the optimum carrying capacity for the species or stock within its
environment.
Par. (2). Pub. L. 97-58, 1(b)(2)(B), substituted ''their optimum
sustainable population'' for ''the optimum carrying capacity of their
habatit''.
Par. (8). Pub. L. 97-58, 1(a), (b)(2)(C), (D), redesignated par.
(9) as (8) and substituted ''carrying capacity'' for ''optimum carrying
capacity''. Former par. (8), which defined ''optimum carrying
capacity'' was struck out.
Pars. (9) to (12). Pub. L. 97-58, 1(b)(2)(C), redesignated pars.
(9) to (13) as (8) to (12), respectively.
Par. (13). Pub. L. 97-58, 1(b)(2)(C), (E), redesignated par. (14)
as (13) and substituted ''the Virgin Islands of the United States,
American Samoa, Guam, and Northern Mariana Islands'' for ''the Canal
Zone, the possessions of the United States, and the Trust Territory of
the Pacific Islands''. Former par. (13) redesignated (12).
Pars. (14), (15). Pub. L. 97-58, 1(b)(2)(C), redesignated pars.
(14) and (15) as (13) and (14), respectively.
1976 -- Par. (15)(B). Pub. L. 94-265 substituted ''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''.
1973 -- Par. (1)(B). Pub. L. 93-205 substituted ''Endangered Species
Act of 1973'' for ''Endangered Species Conservation Act of 1969''.
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.
Section 404(b) of Pub. L. 94-265 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect March
1, 1977.''
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 termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
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.
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 capitalized.
/2/ See References in Text note below.
/3/ So in original. Two pars. (15) have been enacted.
16 USC SUBCHAPTER II -- CONSERVATION AND PROTECTION OF MARINE MAMMALS
TITLE 16 -- CONSERVATION
16 USC 1371. Moratorium on taking and importing marine mammals and
marine mammal products
TITLE 16 -- CONSERVATION
(a) Imposition; exceptions
There shall be a moratorium on the taking and importation of marine
mammals and marine mammal products, commencing on the effective date of
this chapter, during which time no permit may be issued for the taking
of any marine mammal and no marine mammal or marine mammal product may
be imported into the United States except in the following cases:
(1) Consistent with the provisions of section 1374 of this title,
permits may be issued by the Secretary for taking and importation for
purposes of scientific research, public display, or enhancing the
survival or recovery of a species or stock if --
(A) the taking proposed in the application for any such permit, or
(B) the importation proposed to be made,
is first reviewed by the Marine Mammal Commission and the Committee
of Scientific Advisors on Marine Mammals established under subchapter
III of this chapter. The Commission and Committee shall recommend any
proposed taking or importation which is consistent with the purposes and
policies of section 1361 of this title. The Secretary shall, if he
grants approval for importation, issue to the importer concerned a
certificate to that effect which shall be in such form as the Secretary
of the Treasury prescribes and such importation may be made upon
presentation of the certificate to the customs officer concerned.
(2) Marine mammals may be taken incidentally in the course of
commercial fishing operations and permits may be issued therefor under
section 1374 of this title subject to regulations prescribed by the
Secretary in accordance with section 1373 of this title. In any event
it shall be the immediate goal that the incidental kill or incidental
serious injury of marine mammals permitted in the course of commercial
fishing operations be reduced to insignificant levels approaching a zero
mortality and serious injury rate; provided that this goal shall be
satisfied in the case of the incidental taking of marine mammals in the
course of purse seine fishing for yellowfin tuna by a continuation of
the application of the best marine mammal safety techniques and
equipment that are economically and technologically practicable. The
Secretary of the Treasury shall ban the importation of commercial fish
or products from fish which have been caught with commercial fishing
technology which results in the incidental kill or incidental serious
injury of ocean mammals in excess of United States standards. For
purposes of applying the preceding sentence, the Secretary --
(A) shall insist on reasonable proof from the government of any
nation from which fish or fish products will be exported to the United
States of the effects on ocean mammals of the commercial fishing
technology in use for such fish or fish products exported from such
nation to the United States;
(B) in the case of yellowfin tuna harvested with purse seines in the
eastern tropical Pacific Ocean, and products therefrom, to be exported
to the United States, shall require that the government of the exporting
nation provide documentary evidence that --
(i) the government of the harvesting nation has adopted a regulatory
program governing the incidental taking of marine mammals in the course
of such harvesting that is comparable to that of the United States; and
(ii) the average rate of that incidental taking by the vessels of the
harvesting nation is comparable to the average rate of incidental taking
of marine mammals by United States vessels in the course of such
harvesting,
except that the Secretary shall not find that the regulatory program,
or the average rate of incidental taking by vessels, of a harvesting
nation is comparable to that of the United States for purposes of clause
(i) or (ii) of this paragraph unless --
(I) the regulatory program of the harvesting nation includes, by no
later than the beginning of the 1990 fishing season, such prohibitions
against encircling pure schools of species of marine mammals, conducting
sundown sets, and other activities as are made applicable to United
States vessels;
(II) the average rate of the incidental taking by vessels of the
harvesting nation is no more than 2.0 times that of United States
vessels during the same period by the end of the 1989 fishing season and
no more than 1.25 times that of United States vessels during the same
period by the end of the 1990 fishing season and thereafter;
(III) the total number of eastern spinner dolphin (Stenella
longirostris) incidentally taken by vessels of the harvesting nation
during the 1989 and subsequent fishing seasons does not exceed 15
percent of the total number of all marine mammals incidentally taken by
such vessels in such year and the total number of coastal spotted
dolphin (Stenella attenuata) incidentally taken by such vessels in such
seasons does not exceed 2 percent of the total number of all marine
mammals incidentally taken by such vessels in such year;
(IV) the rate of incidental taking of marine mammals by the vessels
of the harvesting nation during the 1989 and subsequent fishing seasons
is monitored by the porpoise mortality observer program of the
Inter-American Tropical Tuna Commission or an equivalent international
program in which the United States participates and is based upon
observer coverage that is equal to that achieved for United States
vessels during the same period, except that the Secretary may approve an
alternative observer program if the Secretary determines, no less than
sixty days after publication in the Federal Register of the Secretary's
proposal and reasons therefor, that such an alternative observer program
will provide sufficiently reliable documentary evidence of the average
rate of incidental taking by a harvesting nation; and
(V) the harvesting nation complies with all reasonable requests by
the Secretary for cooperation in carrying out the scientific research
program required by section 1374(h)(3) of this title;
(C) shall require the government of any intermediary nation to
certify and provide reasonable proof to the Secretary that it has not
imported, within the preceding six months, any yellowfin tuna or
yellowfin tuna products that are subject to a direct ban on importation
to the United States under subparagraph (B);
(D) shall, six months after importation of yellowfin tuna or tuna
products has been banned under this section, certify such fact to the
President, which certification shall be deemed to be a certification for
the purposes of section 1978(a) of title 22 for as long as such ban is
in effect; and
(E)(i) except as provided in clause (ii), in the case of fish or
products containing fish harvested by a nation whose fishing vessels
engage in high seas driftnet fishing, shall require that the government
of the exporting nation provide documentary evidence that the fish or
fish product was not harvested with a large-scale driftnet in the South
Pacific Ocean after July 1, 1991, or in any other water of the high seas
after January 1, 1993, and
(ii) in the case of tuna or a product containing tuna harvested by a
nation whose fishing vessels engage in high seas driftnet fishing, shall
require that the government of the exporting nation provide documentary
evidence that the tuna or tuna product was not harvested with a
large-scale driftnet anywhere on the high seas after July 1, 1991.
For purposes of subparagraph (E), the term ''driftnet'' has the
meaning given such term in section 4003 of the Driftnet Impact
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note),
except that, until January 1, 1994, the term ''driftnet'' does not
include the use in the northeast Atlantic Ocean of gillnets with a total
length not to exceed five kilometers if the use is in accordance with
regulations adopted by the European Community pursuant to the October
28, 1991, decision by the Council of Fisheries Ministers of the
Community.
(3)(A) The Secretary, on the basis of the best scientific evidence
available and in consultation with the Marine Mammal Commission, is
authorized and directed, from time to time, having due regard to the
distribution, abundance, breeding habits, and times and lines of
migratory movements of such marine mammals, to determine when, to what
extent, if at all, and by what means, it is compatible with this chapter
to waive the requirements of this section so as to allow taking, or
importing of any marine mammal, or any marine mammal product, and to
adopt suitable regulations, issue permits, and make determinations in
accordance with sections 1372, 1373, 1374, and 1381 of this title
permitting and governing such taking and importing, in accordance with
such determinations: Provided, however, That the Secretary, in making
such determinations must be assured that the taking of such marine
mammal is in accord with sound principles of resource protection and
conservation as provided in the purposes and policies of this chapter:
Provided, further, however, That no marine mammal or no marine mammal
product may be imported into the United States unless the Secretary
certifies that the program for taking marine mammals in the country of
origin is consistent with the provisions and policies of this chapter.
Products of nations not so certified may not be imported into the United
States for any purpose, including processing for exportation.
(B) Except for scientific research purposes or enhancing the survival
or recovery of a species or stock as provided for in paragraph (1) of
this subsection, during the moratorium no permit may be issued for the
taking of any marine mammal which has been designated by the Secretary
as depleted, and no importation may be made of any such mammal.
(4)(A) During any period of five consecutive years, the Secretary
shall allow the incidental, but not the intentional, taking, by citizens
of the United States while engaging in commercial fishing operations, of
small numbers of marine mammals of a species or population stock that is
not depleted if the Secretary, after notice and opportunity for public
comment --
(i) finds that the total of such taking during such five-year period
will have a negligible impact on such species or stock; and
(ii) provides guidelines pertaining to the establishment of a
cooperative system among the fishermen involved for the monitoring of
such taking.
(B) The Secretary shall withdraw, or suspend for a time certain, the
permission to take marine mammals under subparagraph (A) if the
Secretary finds, after notice and opportunity for public comment, that
--
(i) the taking allowed under subparagraph (A) is having more than a
negligible impact on the species or stock concerned; or
(ii) the policies, purposes and goals of this chapter would be better
served through the application of this title without regard to this
subsection.
Sections 1373 and 1374 of this title shall not apply to the taking of
marine mammals under the authority of this paragraph.
(5)(A) Upon request therefor by citizens of the United States who
engage in a specified activity (other than commercial fishing) within a
specified geographical region, the Secretary shall allow, during periods
of not more than five consecutive years each, the incidental, but not
intentional, taking by citizens while engaging in that activity within
that region of small numbers of marine mammals of a species or
population stock if the Secretary, after notice (in the Federal Register
and in newspapers of general circulation, and through appropriate
electronic media, in the coastal areas that may be affected by such
activity) and opportunity for public comment --
(i) finds that the total of such taking during each five-year (or
less) period concerned will have a negligible impact on such species or
stock and will not have an unmitigable adverse impact on the
availability of such species or stock for taking for subsistence uses
pursuant to subsection (b) of this section or section 1379(f) of this
title or, in the case of a cooperative agreement under both this chapter
and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant
to section 1382(c) of this title; and
(ii) prescribes regulations setting forth --
(I) permissible methods of taking pursuant to such activity, and
other means of effecting the least practicable adverse impact on such
species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on the
availability of such species or stock for subsistence uses; and
(II) requirements pertaining to the monitoring and reporting of such
taking.
(B) The Secretary shall withdraw, or suspend for a time certain
(either on an individual or class basis, as appropriate) the permission
to take marine mammals under subparagraph (A) pursuant to a specified
activity within a specified geographical region if the Secretary finds,
after notice and opportunity for public comment (as required under
subparagraph (A) unless subparagraph (C)(i) applies), that --
(i) the regulations prescribed under subparagraph (A) regarding
methods of taking, monitoring, or reporting are not being substantially
complied with by a person engaging in such activity; or
(ii) the taking allowed under subparagraph (A) pursuant to one or
more activities within one or more regions is having, or may have, more
than a negligible impact on the species or stock concerned.
(C)(i) The requirement for notice and opportunity for public comment
in subparagraph (B) shall not apply in the case of a suspension of
permission to take if the Secretary determines that an emergency exists
which poses a significant risk to the well-being of the species or stock
concerned.
(ii) Sections 1373 and 1374 of this title shall not apply to the
taking of marine mammals under the authority of this paragraph.
(b) Exemptions for Alaskan natives
Except as provided in section 1379 of this title, the provisions of
this chapter shall not apply with respect to the taking of any marine
mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who
dwells on the coast of the North Pacific Ocean or the Arctic Ocean if
such taking --
(1) is for subsistence purposes; or
(2) is done for purposes of creating and selling authentic native
articles of handicrafts and clothing: Provided, That only authentic
native articles of handicrafts and clothing may be sold in interstate
commerce: And provided further, That any edible portion of marine
mammals may be sold in native villages and towns in Alaska or for native
consumption. For the purposes of this subsection, the term ''authentic
native articles of handicrafts and clothing'' means items composed
wholly or in some significant respect of natural materials, and which
are produced, decorated, or fashioned in the exercise of traditional
native handicrafts without the use of pantographs, multiple carvers, or
other mass copying devices. Traditional native handicrafts include, but
are not limited to weaving, carving, stitching, sewing, lacing, beading,
drawing and painting; and
(3) in each case, is not accomplished in a wasteful manner.
Notwithstanding the preceding provisions of this subsection, when,
under this chapter, the Secretary determines any species or stock of
marine mammal subject to taking by Indians, Aleuts, or Eskimos to be
depleted, he may prescribe regulations upon the taking of such marine
mammals by any Indian, Aleut, or Eskimo described in this subsection.
Such regulations may be established with reference to species or stocks,
geographical description of the area included, the season for taking, or
any other factors related to the reason for establishing such
regulations and consistent with the purposes of this chapter. Such
regulations shall be prescribed after notice and hearing required by
section 1373 of this title and shall be removed as soon as the Secretary
determines that the need for their imposition has disappeared.
(c) Hardship exemption
In order to minimize undue economic hardship to persons subject to
this chapter, other than those engaged in commercial fishing operations
referred to in subsection (a)(2) of this section, the Secretary, upon
any such person filing an application with him and upon filing such
information as the Secretary may require showing, to his satisfaction,
such hardship, may exempt such person or class of persons from
provisions of this chapter for no more than one year from October 21,
1972, as he determines to be appropriate.
(Pub. L. 92-522, title I, 101, Oct. 21, 1972, 86 Stat. 1029; Pub.
L. 93-205, 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub. L. 97-58, 2,
Oct. 9, 1981, 95 Stat. 979; Pub. L. 98-364, title I, 101, July 17,
1984, 98 Stat. 440; Pub. L. 99-659, title IV, 411(a), Nov. 14, 1986,
100 Stat. 3741; Pub. L. 100-711, 4(a), 5(c), (e)(1), Nov. 23, 1988,
102 Stat. 4765, 4769, 4771; Pub. L. 101-627, title IX, 901(g), Nov.
28, 1990, 104 Stat. 4467; Pub. L. 102-582, title I, 103, title IV,
401(b), Nov. 2, 1992, 106 Stat. 4903, 4909.)
The effective date of this chapter, referred to in subsec. (a),
means the effective date of Pub. L. 92-522. See section 4 of Pub. L.
92-522, set out as an Effective Date note under section 1361 of this
title.
The Whaling Convention Act of 1949, referred to in subsec.
(a)(5)(A)(i), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as amended,
which is classified generally to subchapter II ( 916 et seq.) of chapter
14 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 916 of this title and Tables.
1992 -- Subsec. (a)(2). Pub. L. 102-582, 103(2), inserted before
period at end '', except that, until January 1, 1994, the term
'driftnet' does not include the use in the northeast Atlantic Ocean of
gillnets with a total length not to exceed five kilometers if the use is
in accordance with regulations adopted by the European Community
pursuant to the October 28, 1991, decision by the Council of Fisheries
Ministers of the Community''.
Subsec. (a)(2)(C). Pub. L. 102-582, 401(b), amended subpar. (C)
generally. Prior to amendment, subpar. (C) read as follows: ''shall
require the government of any intermediary nation from which yellowfin
tuna or tuna products will be exported to the United States to certify
and provide reasonable proof that it has acted to prohibit the
importation of such tuna and tuna products from any nation from which
direct export to the United States of such tuna and tuna products is
banned under this section within sixty days following the effective date
of such ban on importation to the United States;''.
Subsec. (a)(2)(E)(i). Pub. L. 102-582, 103(1), substituted ''January
1, 1993'' for ''July 1, 1992''.
1990 -- Subsec. (a)(2). Pub. L. 101-627 added subpar. (E) and
concluding provisions.
1988 -- Subsec. (a)(1). Pub. L. 100-711, 5(c), which directed that
par. (1) be amended generally to read as follows: ''(1) Consistent
with the provisions of section 1374 of this title, permits may be issued
by the Secretary for taking and importation for purposes of scientific
research, public display, or enhancing the survival or recovery of a
species or stock if -- '', was executed as the probable intent of
Congress by substituting such provisions for provisions of par. (1)
before subpar. (A) which read as follows: ''Permits may be issued by
the Secretary for taking and importation for purposes of scientific
research and for public display if -- ''.
Subsec. (a)(2). Pub. L. 100-711, 4(a), inserted provisions at end of
subpar. (B) relating to finding by Secretary that regulatory program,
or average rate of incidental taking by vessels, of harvesting nation is
comparable to that of United States, and added subpars. (C) and (D).
Subsec. (a)(3)(B). Pub. L. 100-711, 5(e)(1), inserted ''or enhancing
the survival or recovery of a species or stock'' after ''scientific
research purposes''.
1986 -- Subsec. (a)(5)(A). Pub. L. 99-659, 411(a)(1), in provisions
preceding cl. (i) struck out ''that is not depleted'' after
''population stock''.
Subsec. (a)(5)(A)(i). Pub. L. 99-659, 411(a)(2), substituted ''will
not have an unmitigable adverse impact'' for ''its habitat, and'', and
inserted ''or, in the case of a cooperative agreement under both this
chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.),
pursuant to section 1382(c) of this title''.
Subsec. (a)(5)(A)(ii)(I). Pub. L. 99-659, 411(a)(3), inserted '',
and on the availability of such species or stock for subsistence uses''.
1984 -- Subsec. (a)(2). Pub. L. 98-364 amended last sentence
generally, restating existing provisions in cl. (A) and adding cl.
(B).
1981 -- Subsec. (a)(2). Pub. L. 97-58, 2(1)(A), provided that the
immediate goal of reducing to insignificant levels approaching a zero
mortality and serious injury rate the incidental kill or serious injury
of marine mammals permitted in the course of commercial fishing
operations be satisfied in the case of purse seine fishing for yellowfin
tuna by a continuation of the application of the best marine mammal
safety techniques and equipment that are economically and
technologically practicable.
Subsec. (a)(3)(B). Pub. L. 97-58, 2(1)(B), struck out ''is
classified as belonging to an endangered species or threatened species
pursuant to the Endangered Species Act of 1973 or'' after ''the taking
of any marine mammal which''.
Subsec. (a)(4), (5). Pub. L. 97-58, 2(1)(C), added pars. (4) and
(5).
Subsec. (b). Pub. L. 97-58, 2(2), substituted ''Except as provided
in section 1379 of this title, the provisions of this chapter shall not
apply with respect to the taking of any marine mammal by any Indian,
Aleut, or Eskimo who resides in Alaska and'' for ''The provisions of
this chapter shall not apply with respect to the taking of any marine
mammal by any Indian, Aleut, or Eskimo'' in provisions preceding par.
(1) and, in par. (1), substituted ''is for subsistence purposes; or''
for ''is for subsistence purposes by Alaskan natives who reside in
Alaska, or''.
1973 -- Subsec. (a)(3)(B). Pub. L. 93-205 substituted ''or
threatened species pursuant to the Endangered Species Act of 1973'' for
''pursuant to the Endangered Species Conservation Act of 1969''.
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.
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 1372. Prohibitions
TITLE 16 -- CONSERVATION
(a) Taking
Except as provided in sections 1371, 1373, 1374, 1379, 1381, 1383,
and 1383a of this title or subchapter V /1/ of this chapter, it is
unlawful --
(1) for any person subject to the jurisdiction of the United States
or any vessel or other conveyance subject to the jurisdiction of the
United States to take any marine mammal on the high seas;
(2) except as expressly provided for by an international treaty,
convention, or agreement to which the United States is a party and which
was entered into before the effective date of this subchapter or by any
statute implementing any such treaty, convention, or agreement --
(A) for any person or vessel or other conveyance to take any marine
mammal in waters or on lands under the jurisdiction of the United
States; or
(B) for any person to use any port, harbor, or other place under the
jurisdiction of the United States for any purpose in any way connected
with the taking or importation of marine mammals or marine mammal
products; and
(3) for any person, with respect to any marine mammal taken in
violation of this subchapter, to possess that mammal or any product from
that mammal;
(4) for any person to transport, purchase, sell, or offer to purchase
or sell any marine mammal or marine mammal product; and
(5) for any person to use, in a commercial fishery, any means or
methods of fishing in contravention of any regulations or limitations,
issued by the Secretary for that fishery to achieve the purposes of this
chapter.
(b) Importation of pregnant or nursing mammals; depleted species or
stock; inhumane taking
Except pursuant to a permit for scientific research, or for enhancing
the survival or recovery of a species or stock, issued under section
1374(c) of this title, it is unlawful to import into the United States
any marine mammal if such mammal was --
(1) pregnant at the time of taking;
(2) nursing at the time of taking, or less than eight months old,
whichever occurs later;
(3) taken from a species or population stock which the Secretary has,
by regulation published in the Federal Register, designated as a
depleted species or stock; or
(4) taken in a manner deemed inhumane by the Secretary.
Notwithstanding the provisions of paragraphs (1) and (2), the
Secretary may issue a permit for the importation of a marine mammal, if
the Secretary determines that such importation is necessary for the
protection or welfare of the animal.
(c) Importation of illegally taken mammals
It is unlawful to import into the United States any of the following:
(1) Any marine mammal which was --
(A) taken in violation of this subchapter; or
(B) taken in another country in violation of the law of that country.
(2) Any marine mammal product if --
(A) the importation into the United States of the marine mammal from
which such product is made is unlawful under paragraph (1) of this
subsection; or
(B) the sale in commerce of such product in the country of origin of
the product is illegal;
(3) Any fish, whether fresh, frozen, or otherwise prepared, if such
fish was caught in a manner which the Secretary has proscribed for
persons subject to the jurisdiction of the United States, whether or not
any marine mammals were in fact taken incident to the catching of the
fish.
(d) Nonapplicability of prohibitions
Subsections (b) and (c) of this section shall not apply --
(1) in the case of marine mammals or marine mammal products, as the
case may be, to which subsection (b)(3) of this section applies, to such
items imported into the United States before the date on which the
Secretary publishes notice in the Federal Register of his proposed
rulemaking with respect to the designation of the species or stock
concerned as depleted; or
(2) in the case of marine mammals or marine mammal products to which
subsection (c)(1)(B) or (c)(2)(B) of this section applies, to articles
imported into the United States before the effective date of the foreign
law making the taking or sale, as the case may be, of such marine
mammals or marine mammal products unlawful.
(e) Retroactive effect
This chapter shall not apply with respect to any marine mammal taken
before the effective date of this chapter, or to any marine mammal
product consisting of, or composed in whole or in part of, any marine
mammal taken before such date.
(f) Commercial taking of whales
It is unlawful for any person or vessel or other conveyance to take
any species of whale incident to commercial whaling in waters subject to
the jurisdiction of the United States.
(Pub. L. 92-522, title I, 102, Oct. 21, 1972, 86 Stat. 1032; Pub.
L. 93-205, 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub. L. 95-136, 4,
Oct. 18, 1977, 91 Stat. 1167; Pub. L. 97-58, 3(a), Oct. 9, 1981, 95
Stat. 981; Pub. L. 100-711, 2(b), 5(b), (e)(2), Nov. 23, 1988, 102
Stat. 4763, 4769, 4771; Pub. L. 102-587, title III, 3004(a)(1), Nov.
4, 1992, 106 Stat. 5067.)
Subchapter V of this chapter, referred to in subsec. (a), was in the
original ''title III'', meaning title III of Pub. L. 92-522 as added by
section 3003(a) of Pub. L. 102-587, which is classified to subchapter V
of this chapter. Another title III of Pub. L. 92-522 was added by
section 2(a) of Pub. L. 102-523 and is classified to subchapter IV of
this chapter.
The effective date of this subchapter, referred to in subsec.
(a)(2), means the effective date of title I of Pub. L. 92-522. See
section 4 of Pub. L. 92-522, set out as an Effective Date note under
section 1361 of this title.
The effective date of this chapter referred to in subsec. (e), means
the effective date of Pub. L. 92-522. See section 4 of Pub. L.
92-522, set out as an Effective Date note under section 1361 of this
title.
1992 -- Subsec. (a). Pub. L. 102-587 inserted ''or subchapter V of
this chapter'' in introductory provisions.
1988 -- Subsec. (a). Pub. L. 100-711, 2(b), substituted ''1383, and
1383a'' for ''and 1383''.
Subsec. (b). Pub. L. 100-711, 5(e)(2), substituted ''research, or
for enhancing the survival or recovery of a species or stock,'' for
''research''.
Pub. L. 100-711, 5(b), inserted sentence at end authorizing
Secretary to issue permit for importation of marine mammal.
1981 -- Subsec. (a). Pub. L. 97-58, 3(a)(1), inserted reference to
section 1379 of this title in the enumeration of sections preceding par.
(1), redesignated par. (4) as (5), and revised as pars. (3) and (4)
the provisions of former par. (3) amending those provisions so as to
make it illegal for any person to possess a marine mammal, or any
product from that mammal, and for any person to transport, purchase,
sell, or offer to purchase or sell any marine mammal or marine mammal
product.
Subsec. (b)(3). Pub. L. 97-58, 3(a)(2), struck out ''or which has
been listed as an endangered species or threatened species pursuant to
the Endangered Species Act of 1973'' after ''designated as a depleted
species or stock''.
Subsec. (d)(1). Pub. L. 97-58, 3(b)(3), struck out ''or endangered''
after ''concerned as depleted''.
1977 -- Subsec. (f). Pub. L. 95-136 added subsec. (f).
1973 -- Subsec. (b)(3). Pub. L. 93-205 substituted ''an endangered
species or threatened species pursuant to the Endangered Species Act of
1973'' for ''endangered under the Endangered Species Conservation Act of
1969''.
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.
/1/ See References in Text note below.
16 USC 1373. Regulations on taking of marine mammals
TITLE 16 -- CONSERVATION
(a) Necessity and appropriateness
The Secretary, on the basis of the best scientific evidence available
and in consultation with the Marine Mammal Commission, shall prescribe
such regulations with respect to the taking and importing of animals
from each species of marine mammal (including regulations on the taking
and importing of individuals within population stocks) as he deems
necessary and appropriate to insure that such taking will not be to the
disadvantage of those species and population stocks and will be
consistent with the purposes and policies set forth in section 1361 of
this title.
(b) Factors considered in prescribing regulations
In prescribing such regulations, the Secretary shall give full
consideration to all factors which may affect the extent to which such
animals may be taken or imported, including but not limited to the
effect of such regulations on --
(1) existing and future levels of marine mammal species and
population stocks;
(2) existing international treaty and agreement obligations of the
United States;
(3) the marine ecosystem and related environmental considerations;
(4) the conservation, development, and utilization of fishery
resources; and
(5) the economic and technological feasibility of implementation.
(c) Allowable restrictions
The regulations prescribed under subsection (a) of this section for
any species or population stock of marine mammal may include, but are
not limited to, restrictions with respect to --
(1) the number of animals which may be taken or imported in any
calendar year pursuant to permits issued under section 1374 of this
title;
(2) the age, size, or sex (or any combination of the foregoing) of
animals which may be taken or imported, whether or not a quota
prescribed under paragraph (1) of this subsection applies with respect
to such animals;
(3) the season or other period of time within which animals may be
taken or imported;
(4) the manner and locations in which animals may be taken or
imported; and
(5) fishing techniques which have been found to cause undue
fatalities to any species of marine mammal in a fishery.
(d) Procedure
Regulations prescribed to carry out this section with respect to any
species or stock of marine mammals must be made on the record after
opportunity for an agency hearing on both the Secretary's determination
to waive the moratorium pursuant to section 1371(a)(3)(A) of this title
and on such regulations, except that, in addition to any other
requirements, imposed by law with respect to agency rulemaking, the
Secretary shall publish and make available to the public either before
or concurrent with the Publication of notice in the Federal Register of
his intention to prescribe regulations under this section --
(1) a statement of the estimated existing levels of the species and
population stocks of the marine mammal concerned;
(2) a statement of the expected impact of the proposed regulations on
the optimum sustainable population of such species or population stock;
(3) a statement describing the evidence before the Secretary upon
which he proposes to base such regulations; and
(4) any studies made by or for the Secretary or any recommendations
made by or for the Secretary or the Marine Mammal Commission which
relate to the establishment of such regulations.
(e) Periodic review
Any regulation prescribed pursuant to this section shall be
periodically reviewed, and may be modified from time to time in such
manner as the Secretary deems consistent with and necessary to carry out
the purposes of this chapter.
(f) Report to Congress
Within six months after the effective date of this chapter and every
twelve months thereafter, the Secretary shall report to the public
through publication in the Federal Register and to the Congress on the
current status of all marine mammal species and population stocks
subject to the provisions of this chapter. His report shall describe
those actions taken and those measures believed necessary, including
where appropriate, the issuance of permits pursuant to this subchapter
to assure the well-being of such marine mammals.
(Pub. L. 92-522, title I, 103, Oct. 21, 1972, 86 Stat. 1033.)
The effective date of this chapter, referred to in subsec. (f),
means the effective date of Pub. L. 92-522, See section 4 of Pub. L.
92-522, set out as an Effective Date note under section 1361 of this
title.
Pub. L. 101-627, title XI, 1101, Nov. 28, 1990, 104 Stat. 4468,
provided that: ''The Secretary of Commerce, in consultation with the
Secretary of the Interior, shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives within 12 months
after the date of enactment of this Act (Nov. 28, 1990) a report --
''(1) assessing population sizes and trends of harbor seals, sea
otters, California sea lions, and northern sea lions off the coast of
the State of Washington, which assessment shall include the historic,
present, and projected population sizes and the overall health of
current populations of such marine mammals;
''(2) assessing the effectiveness of sections 101(a)(3)(A) and 109(h)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(3)(A)
and 1379(h)) with particular emphasis on the management of the lower
Columbia River and Puget Sound marine mammal populations, which
assessment shall describe how the agencies are interpreting and
implementing such sections, how often such sections have been invoked,
and whether such sections have been effective in the management of
marine mammal populations and in responding to the problems which such
sections were intended to address; and
''(3) specifying long range management plans for the species of
marine mammals listed in paragraph (1).''
16 USC 1374. Permits
TITLE 16 -- CONSERVATION
(a) Issuance
The Secretary may issue permits which authorize the taking or
importation of any marine mammal.
(b) Requisite provisions
Any permit issued under this section shall --
(1) be consistent with any applicable regulation established by the
Secretary under section 1373 of this title, and
(2) specify --
(A) the number and kind of animals which are authorized to be taken
or imported,
(B) the location and manner (which manner must be determined by the
Secretary to be humane) in which they may be taken, or from which they
may be imported,
(C) the period during which the permit is valid, and
(D) any other terms or conditions which the Secretary deems
appropriate.
In any case in which an application for a permit cites as a reason
for the proposed taking the overpopulation of a particular species or
population stock, the Secretary shall first consider whether or not it
would be more desirable to transplant a number of animals (but not to
exceed the number requested for taking in the application) of that
species or stock to a location not then inhabited by such species or
stock but previously inhabited by such species or stock.
(c) Importation for scientific research, public display, or enhancing
survival or recovery of species or stock
(1) Any permit issued by the Secretary which authorizes the taking or
importation of a marine mammal for purposes of scientific research,
public display, or enhancing the survival or recovery of a species or
stock shall specify, in addition to the conditions required by
subsection (b) of this section, the methods of capture, supervision,
care, and transportation which must be observed pursuant to and after
such taking or importation. Any person authorized to take or import a
marine mammal for purposes of scientific research, public display, or
enhancing the survival or recovery of a species or stock shall furnish
to the Secretary a report on all activities carried out by him pursuant
to that authority.
(2) A permit may be issued for public display purposes only to an
applicant which offers a program for education or conservation purposes
that, based on professionally recognized standards of the public display
community, is acceptable to the Secretary and which submits with the
permit application information indicating that the applicant's
facilities are open to the public on a regularly scheduled basis and
that access to the facilities is not limited or restricted other than by
the charging of an admission fee.
(3) A permit may be issued for scientific research purposes only to
an applicant which submits with its permit application information
indicating that the taking is required to further a bona fide scientific
purpose and does not involve unnecessary duplication of research. No
permit issued for purposes of scientific research shall authorize the
killing of a marine mammal unless the applicant demonstrates that a
nonlethal method for carrying out the research is not feasible. The
Secretary shall not issue a permit for research which involves the
lethal taking of a marine mammal from a species or stock designated as
depleted, unless the Secretary determines that the results of such
research will directly benefit that species or stock, or that such
research fulfills a critically important research need.
(4)(A) A permit may be issued for enhancing the survival or recovery
of a species or stock only with respect to a species or stock for which
the Secretary, after consultation with the Marine Mammal Commission and
after notice and opportunity for public comment, has first determined
that --
(i) taking or importation is likely to contribute significantly to
maintaining or increasing distribution or numbers necessary to ensure
the survival or recovery of the species or stock; and
(ii) taking or importation is consistent (I) with any conservation
plan adopted by the Secretary under section 1383b(b) of this title or
any recovery plan developed under section 1533(f) of this title for the
species or stock, or (II) if there is no conservation or recovery plan
in place, with the Secretary's evaluation of the actions required to
enhance the survival or recovery of the species or stock in light of the
factors that would be addressed in a conservation plan or a recovery
plan.
(B) A permit issued in accordance with this paragraph may allow the
captive maintenance of a marine mammal from a depleted species or stock
only if the Secretary --
(i) determines that captive maintenance is likely to contribute to
the survival or recovery of the species or stock by maintaining a viable
gene pool, increasing productivity, providing biological information, or
establishing animal reserves;
(ii) determines that the expected benefit to the affected species or
stock outweighs the expected benefit of alternatives which do not
require removal of animals from the wild; and
(iii) requires that the marine mammal or its progeny be returned to
the natural habitat of the species or stock as soon as feasible,
consistent with the objectives of any applicable conservation plan or
recovery plan, or of any evaluation by the Secretary under subparagraph
(A).
The Secretary may allow the public display of such a marine mammal
only if the Secretary determines that such display is incidental to the
authorized maintenance and will not interfere with the attainment of the
survival or recovery objectives.
(d) Application procedures; notice; hearing; review
(1) The Secretary shall prescribe such procedures as are necessary to
carry out this section, including the form and manner in which
application for permits may be made.
(2) The Secretary shall publish notice in the Federal Register of
each application made for a permit under this section. Such notice
shall invite the submission from interested parties, within thirty days
after the date of the notice, of written data or views, with respect to
the taking or importation proposed in such application.
(3) The applicant for any permit under this section must demonstrate
to the Secretary that the taking or importation of any marine mammal
under such permit will be consistent with the purposes of this chapter
and the applicable regulations established under section 1373 of this
title.
(4) If within thirty days after the date of publication of notice
pursuant to paragraph (2) of this subsection with respect to any
application for a permit any interested party or parties request a
hearing in connection therewith, the Secretary may, within sixty days
following such date of publication, afford to such party or parties an
opportunity for such a hearing.
(5) As soon as practicable (but not later than thirty days) after the
close of the hearing or, if no hearing is held, after the last day on
which data, or views, may be submitted pursuant to paragraph (2) of this
subsection, the Secretary shall (A) issue a permit containing such terms
and conditions as he deems appropriate, or (B) shall deny issuance of a
permit. Notice of the decision of the Secretary to issue or to deny any
permit under this paragraph must be published in the Federal Register
within ten days after the date of issuance or denial.
(6) Any applicant for a permit, or any party opposed to such permit,
may obtain judicial review of the terms and conditions of any permit
issued by the Secretary under this section or of his refusal to issue
such a permit. Such review, which shall be pursuant to chapter 7 of
title 5, may be initiated by filing a petition for review in the United
States district court for the district wherein the applicant for a
permit resides, or has his principal place of business, or in the United
States District Court for the District of Columbia, within sixty days
after the date on which such permit is issued or denied.
(e) Modification, suspension, and revocation
(1) The Secretary may modify, suspend, or revoke in whole or in part
any permit issued by him under this section --
(A) in order to make any such permit consistent with any change made
after the date of issuance of such permit with respect to any applicable
regulation prescribed under section 1373 of this title, or
(B) in any case in which a violation of the terms and conditions of
the permit is found.
(2) Whenever the Secretary shall propose any modification,
suspension, or revocation of a permit under this subsection, the
permittee shall be afforded opportunity, after due notice, for a hearing
by the Secretary with respect to such proposed modification, suspension,
or revocation. Such proposed action by the Secretary shall not take
effect until a decision is issued by him after such hearing. Any action
taken by the Secretary after such a hearing is subject to judicial
review on the same basis as is any action taken by him with respect to a
permit application under paragraph (5) of subsection (d) of this
section.
(3) Notice of the modification, suspension, or revocation of any
permit by the Secretary shall be published in the Federal Register
within ten days from the date of the Secretary's decision.
(f) Possession of permit by issuee or his agent
Any permit issued under this section must be in the possession of the
person to whom it is issued (or an agent of such person) during --
(1) the time of the authorized or taking importation;
(2) the period of any transit of such person or agent which is
incident to such taking or importation; and
(3) any other time while any marine mammal taken or imported under a
such permit is in the possession of such person or agent.
A duplicate copy of the issued permit must be physically attached to
the container, package, enclosure, or other means of containment, in
which the marine mammal is placed for purposes of storage, transit,
supervision, or care.
(g) Fees
The Secretary shall establish and charge a reasonable fee for permits
issued under this section.
(h) General permits; extension of general permit to American
Tunaboat Association; monitoring of incidental taking of marine mammals
(1) Consistent with the regulations prescribed pursuant to section
1373 of this title and to the requirements of section 1371 of this
title, the Secretary may issue general permits for the taking of such
marine mammals, together with regulations to cover the use of such
general permits.
(2)(A) Subject to subparagraph (B), the general permit issued under
paragraph (1) on December 1, 1980 to the American Tunaboat Association
is extended to authorize and govern the taking of marine mammals
incidental to commercial purse seine fishing for yellowfin tuna during
each year after December 31, 1984.
(B) The extension granted under subparagraph (A) is subject to the
following conditions:
(i) The extension shall cease to have force and effect at the time
the general permit is surrendered or terminated.
(ii) The permittee and certificate holders shall use the best marine
mammal safety techniques and equipment that are economically and
technologically practicable.
(iii) During the period of the extension, the terms and conditions of
the general permit that are in effect on July 17, 1984, shall apply,
except that --
(I) the Secretary may make such adjustments as may be appropriate to
those terms and conditions that pertain to fishing gear and fishing
practice requirements and to permit administration;
(II) any such term and condition may be amended or terminated if the
amendment or termination is based on the best scientific information
available, including that obtained under the monitoring program required
under paragraph (3)(A); and
(III) during each year of the extension, not to exceed 250 coastal
spotted dolphin (Stenella attenuata) and not to exceed 2,750 eastern
spinner dolphin (Stenella longirostris) may be incidentally taken under
the general permit, and no accidental taking of either species is
authorized at any time when incidental taking of that species is
permitted.
(iv) The Secretary shall, by January 1, 1989, prescribe regulations
to ensure that the backdown procedure during sets of the purse seine net
on marine mammals is completed and rolling of the net to sack up has
begun no later than thirty minutes after sundown. The Secretary may
waive or otherwise modify such regulations for --
(I) a designated certificate holder on an observed trip if the
Secretary determines, based on observer reports, that such restriction
is not necessary because the certificate holder has consistently
utilized fishing techniques and equipment so as to result in an
incidental marine mammal mortality rate during sundown sets that is no
higher than the average such rate for the fleet during daylight sets;
or
(II) all certificate holders on observed trips if the Secretary
determines that such restriction is not necessary because all
certificate holders have developed and are utilizing fishing techniques
and equipment that assure that the incidental marine mammal mortality
rate during sundown sets will be no higher than such rate during
daylight sets.
(v) The Secretary may authorize, after public notice and opportunity
for comment, designated certificate holders to conduct experimental
fishing operations on observed trips, under such terms and conditions as
the Secretary may prescribe, for the purpose of testing proposed
improvements in fishing techniques and equipment that may reduce the
incidental mortality of marine mammals in the course of commercial
yellowfin tuna fishing operations, and the Secretary may waive such
terms and conditions of the general permit and this section, other than
the quotas on incidental taking of marine mammals and the prohibition
against encircling pure schools of certain species of marine mammals, as
the Secretary determines to be necessary and appropriate for the conduct
of such experimental fishing.
(vi) The Secretary, after public notice and opportunity for comment
and consultation with the skippers' panel of experts established
pursuant to the general permit, shall develop and implement by not later
than the beginning of the 1990 fishing season a system of performance
standards to maintain the diligence and proficiency of certificate
holders in the use of the best marine mammal safety techniques and
equipment that are economically and technologically practicable. The
system shall include such arrangements as are necessary for the
identification of certificate holders whose incidental marine mammal
mortality rate is consistently and substantially higher than the average
rate of the fleet, and for the supplemental training and observation of
such certificate holders, and provisions for suspension or revocation of
certificates of inclusion of those certificate holders whose
unacceptably high rate of incidental taking reflects a lack of diligence
or proficiency in the use of the best marine mammal safety techniques
and equipment.
(vii) It shall be unlawful to use any explosive devices other than
class C explosive pest control devices in the course of commercial
yellowfin tuna fishing subject to the general permit. The Secretary
shall prescribe regulations, effective April 1, 1990, to prohibit or
restrict the use of class C explosive pest control devices in the course
of commercial yellowfin tuna fishing unless the Secretary determines,
based on a study which the Secretary shall undertake, that the use of
such devices does not result in physical impairment or increased
mortality of marine mammals.
(viii) During the 1989 and subsequent fishing seasons, each
certificated vessel shall carry on every fishing trip subject to this
subsection an official observer certified by the Secretary or by the
Inter-American Tropical Tuna Commission for the purpose of conducting
research and observing fishing operations unless, for reasons beyond the
control of the Secretary, an observer is not available for such purpose.
The Secretary may waive this requirement after the 1991 fishing season
and establish a less extensive observer program if the Secretary, after
notice and opportunity for comment, determines that such an alternative
program will provide sufficiently reliable information.
(ix) The Secretary shall annually convene meetings with
representatives of conservation and environmental organizations, the
commercial tuna fishing industry, and other interested persons for the
purpose of discussing the results of efforts to reduce the incidental
mortality and serious injury of marine mammals under this subsection as
well as throughout the international fleet as a whole and developing
plans for such efforts during the next year. On or before April 1,
1992, the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives a comprehensive report on
the results of such efforts. The report shall discuss the results of
the scientific research programs, performance standards, observer
program, prohibition on sundown sets, development of alternative fishing
techniques, and other efforts required by this section, and shall
include recommendations for such action as the Secretary considers
necessary and desirable to reduce further the total mortality and
serious injury of marine mammals in the course of commercial yellowfin
tuna fishing throughout the international fleet.
(C) The quota on the incidental taking of coastal spotted dolphin and
eastern spinner dolphin under paragraph (2)(B)(iii)(III) shall be
treated --
(i) as within, and not in addition to, the overall annual quota under
the general permit on the incidental taking of marine mammals; and
(ii) for purposes of paragraph (2)(B)(iii)(II), as a term of the
general permit in effect on July 17, 1984.
(3)(A) The Secretary shall, commencing on January 1, 1985, undertake
a scientific research program to monitor for at least five consecutive
years, and periodically as necessary thereafter, the indices of
abundance and trends of marine mammal population stocks which are
incidentally taken in the course of commercial purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.
(B) If the Secretary determines, on the basis of the best scientific
information available (including that obtained under the monitoring
program), that the incidental taking of marine mammals permitted under
the general permit referred to in paragraph (2) is having a significant
adverse effect on a marine mammal population stock, the Secretary shall
take such action as is necessary, after notice and an opportunity for an
agency hearing on the record, to modify the applicable incidental take
quotas or requirements for gear and fishing practices (or both such
quotas and requirements) for such fishing so as to ensure that the
marine mammal population stock is not significantly adversely affected
by the incidental taking.
(C) For each year after 1984, the Secretary shall include in his
annual report to the public and the Congress under section 1373(f) of
this title a discussion of the proposed activities to be conducted each
year as part of the monitoring program required by subparagraph (A).
(D) There are authorized to be appropriated to the Department of
Commerce for purposes of carrying out the monitoring program required
under this paragraph not to exceed $4,000,000 for the period beginning
October 1, 1984, and ending September 30, 1988.
(Pub. L. 92-522, title I, 104, Oct. 21, 1972, 86 Stat. 1034; Pub.
L. 98-364, title I, 102, July 17, 1984, 98 Stat. 440; Pub. L.
100-711, 4(d), 5(d), Nov. 23, 1988, 102 Stat. 4767, 4769.)
1988 -- Subsec. (c). Pub. L. 100-711, 5(d), designated existing
provisions as par. (1) and substituted ''scientific research, public
display, or enhancing the survival or recovery of a species or stock''
for ''display or scientific research'' in two places, and added pars.
(2) to (4).
Subsec. (h)(2)(B). Pub. L. 100-711, 4(d), added cls. (iv) to (ix).
1984 -- Subsec. (h). Pub. L. 98-364 designated existing provisions
as par. (1), and added pars. (2) and (3).
1466.
16 USC 1375. Penalties
TITLE 16 -- CONSERVATION
(a)(1) Any person who violates any provision of this subchapter or of
any permit or regulation issued thereunder may be assessed a civil
penalty by the Secretary of not more than $10,000 for each such
violation. No penalty shall be assessed unless such person is given
notice and opportunity for a hearing with respect to such violation.
Each unlawful taking or importation shall be a separate offense. Any
such civil penalty may be remitted or mitigated by the Secretary for
good cause shown. Upon any failure 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.
(2) In any case involving an alleged unlawful importation of a marine
mammal or marine mammal product, if such importation is made by an
individual for his own personal or family use (which does not include
importation as an accommodation to others or for sale or other
commercial use), the Secretary may, in lieu of instituting a proceeding
under paragraph (1), allow the individual to abandon the mammal or
product, under procedures to be prescribed by the Secretary, to the
enforcement officer at the port of entry.
(b) Any person who knowingly violates any provision of this
subchapter or of any permit or regulation issued thereunder shall, upon
conviction, be fined not more than $20,000 for each such violation, or
imprisoned for not more than one year, or both.
(Pub. L. 92-522, title I, 105, Oct. 21, 1972, 86 Stat. 1036; Pub.
L. 97-58, 3(b), Oct. 9, 1981, 95 Stat. 982.)
1981 -- Subsec. (a). Pub. L. 97-58 designated existing provisions as
par. (1) and added par. (2).
16 USC 1376. Seizure and forfeiture of cargo
TITLE 16 -- CONSERVATION
(a) Application of consistent provisions
Any vessel or other conveyance subject to the jurisdiction of the
United States that is employed in any manner in the unlawful taking of
any marine mammal shall have its entire cargo or the monetary value
thereof subject to seizure and forfeiture. All provisions of law
relating to the seizure, judicial forfeiture, and condemnation of cargo
for violation of the customs laws, the disposition of such cargo, and
the proceeds from the sale thereof, and the remission or mitigation of
any such forfeiture, shall apply with respect to the cargo of any vessel
or other conveyance seized in connection with the unlawful taking of a
marine mammal insofar as such provisions of law are applicable and not
inconsistent with the provisions of this subchapter.
(b) Penalties
Any vessel subject to the jurisdiction of the United States that is
employed in any manner in the unlawful taking of any marine mammal shall
be liable for a civil penalty of not more than $25,000. Such penalty
shall be assessed by the district court of the United States having
jurisdiction over the vessel. Clearance of a vessel against which a
penalty has been assessed, from a port of the United States, may be
withheld until such penalty is paid, or until a bond or otherwise
satisfactory surety is posted. Such penalty shall constitute a maritime
lien on such vessel which may be recovered by action in rem in the
district court of the United States having jurisdiction over the vessel.
(c) Reward for information leading to conviction
Upon the recommendation of the Secretary, the Secretary of the
Treasury is authorized to pay an amount equal to one-half of the fine
incurred but not to exceed $2,500 to any person who furnishes
information which leads to a conviction for a violation of this
subchapter. Any officer or employee of the United States or of any
State or local government who furnishes information or renders service
in the performance of his official duties shall not be eligible for
payment under this section.
(Pub. L. 92-522, title I, 106, Oct. 21, 1972, 86 Stat. 1036.)
16 USC 1377. Enforcement
TITLE 16 -- CONSERVATION
(a) Utilization of personnel
Except as otherwise provided in this subchapter, the Secretary shall
enforce the provisions of this subchapter. The Secretary may utilize,
by agreement, the personnel, services, and facilities of any other
Federal agency for purposes of enforcing this subchapter.
(b) State officers and employees
The Secretary may also designate officers and employees of any State
or of any possession of the United States to enforce the provisions of
this subchapter. When so designated, such officers and employees 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.
(c) Warrants and other process for enforcement
The judges of the district courts of the United States and the United
States magistrate judges may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue such
warrants or other process, including warrants or other process issued in
admiralty proceedings in United States district courts, as may be
required for enforcement of this subchapter and any regulations issued
thereunder.
(d) Execution of process; arrest; search; seizure
Any person authorized by the Secretary to enforce this subchapter may
execute any warrant or process issued by any officer or court of
competent jurisdiction for the enforcement of this subchapter. Such a
person so authorized may, in addition to any other authority conferred
by law --
(1) with or without warrant or other process, arrest any person
committing in his presence or view a violation of this subchapter or the
regulations issued thereunder;
(2) with a warrant or other process, or without a warrant if he has
reasonable cause to believe that a vessel or other conveyance subject to
the jurisdiction of the United States or any person on board is in
violation of any provision of this subchapter or the regulations issued
thereunder, search such vessel or conveyance and arrest such person;
(3) seize the cargo of any vessel or other conveyance subject to the
jurisdiction of the United States used or employed contrary to the
provisions of this subchapter or the regulations issued hereunder or
which reasonably appears to have been so used or employed; and
(4) seize, whenever and wherever found, all marine mammals and marine
mammals products taken or retained in violation of this subchapter or
the regulations issued thereunder and shall dispose of them, in
accordance with regulations prescribed by the Secretary.
(e) Disposition of seized cargo
(1) Whenever any cargo or marine mammal or marine mammal product is
seized pursuant to this section, the Secretary shall expedite any
proceedings commenced under section 1375(a) or (b) of this title. All
marine mammal or marine mammal products or other cargo so seized shall
be held by any person authorized by the Secretary pending disposition of
such proceedings. The owner or consignee of any such marine mammal or
marine mammal product or other cargo so seized shall, as soon as
practicable following such seizure, be notified of that fact in
accordance with regulations established by the Secretary.
(2) The Secretary may, with respect to any proceeding under section
1375(a) or (b) of this title, in lieu of holding any marine mammal or
marine mammal product or other cargo, permit the person concerned to
post bond or other surety satisfactory to the Secretary pending the
disposition of such proceeding.
(3)(A) Upon the assessment of a penalty pursuant to section 1375(a)
of this title, all marine mammals and marine mammal products or other
cargo seized in connection therewith may be proceeded against in any
court of competent jurisdiction and forfeited to the Secretary for
disposition by him in such manner as he deems appropriate.
(B) Upon conviction for violation of section 1375(b) of this title,
all marine mammals and marine mammal products seized in connection
therewith shall be forfeited to the Secretary for disposition by him in
such manner as he deems appropriate. Any other property or item so
seized may, at the discretion of the court, be forfeited to the United
States or otherwise disposed of.
(4) If with respect to any marine mammal or marine mammal product or
other cargo so seized --
(A) a civil penalty is assessed under section 1375(a) of this title
and no judicial action is commenced to obtain the forfeiture of such
mammal or product within thirty days after such assessment, such marine
mammal or marine mammal product or other cargo shall be immediately
returned to the owner or the consignee; or
(B) no conviction results from an alleged violation of section
1375(b) of this title, such marine mammal or marine mammal product or
other cargo shall immediately be returned to the owner or consignee if
the Secretary does not, with /1/ thirty days after the final disposition
of the case involving such alleged violation, commence proceedings for
the assessment of a civil penalty under section 1375(a) of this title.
(Pub. L. 92-522, title I, 107, Oct. 21, 1972, 86 Stat. 1037; 1978
Reorg. Plan No. 2, 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
3783; Pub. L. 101-650, title III, 321, Dec. 1, 1990, 104 Stat. 5117.)
''United States magistrate judges'' substituted for ''United States
magistrates'' in subsec. (c) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (b) 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 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.
/1/ So in original. Probably should be ''within''.
16 USC 1378. International program
TITLE 16 -- CONSERVATION
(a) Duties of Secretary
The Secretary, through the Secretary of State, shall --
(1) initiate negotiations as soon as possible for the development of
bilateral or multilateral agreements with other nations for the
protection and conservation of all marine mammals covered by this
chapter;
(2) initiate --
(A) negotiations as soon as possible with all foreign governments
which are engaged in, or which have persons or companies engaged in,
commercial fishing operations which are found by the Secretary to be
unduly harmful to any species or population stock of marine mammal, for
the purpose of entering into bilateral and multilateral treaties with
such countries to protect marine mammals, with the Secretary of State to
prepare a draft agenda relating to this matter for discussion at
appropriate international meetings and forums; and
(B) discussions with foreign governments whose vessels harvest
yellowfin tuna with purse seines in the eastern tropical Pacific Ocean,
for the purpose of concluding, through the Inter-American Tropical Tuna
Commission or such other bilateral or multilateral institutions as may
be appropriate, international arrangements for the conservation of
marine mammals taken incidentally in the course of harvesting such tuna,
which should include provisions for (i) cooperative research into
alternative methods of locating and catching yellowfin tuna which do not
involve the taking of marine mammals, (ii) cooperative research on the
status of affected marine mammal population stocks, (iii) reliable
monitoring of the number, rate, and species of marine mammals taken by
vessels of harvesting nations, (iv) limitations on incidental take
levels based upon the best scientific information available, and (v) the
use of the best marine mammal safety techniques and equipment that are
economically and technologically practicable to reduce the incidental
kill and serious injury of marine mammals to insignificant levels
approaching a zero mortality and serious injury rate;
(3) encourage such other agreements to promote the purposes of this
chapter with other nations for the protection of specific ocean and land
regions which are of special significance to the health and stability of
marine mammals;
(4) initiate the amendment of any existing international treaty for
the protection and conservation of any species of marine mammal to which
the United States is a party in order to make such treaty consistent
with the purposes and policies of this chapter;
(5) seek the convening of an international ministerial meeting on
marine mammals before July 1, 1973, for the purposes of (A) the
negotiation of a binding international convention for the protection and
conservation of all marine mammals, and (B) the implementation of
paragraph (3) of this section; and
(6) provide to the Congress by not later than one year after October
21, 1972, a full report on the results of his efforts under this
section.
(b) Consultations and studies concerning North Pacific fur seals
(1) In addition to the foregoing, the Secretary shall --
(A) in consultation with the Marine Mammal Commission established by
section 1401 of this title, undertake a study of the North Pacific fur
seals to determine whether herds of such seals subject to the
jurisdiction of the United States are presently at their optimum
sustainable population and what population trends are evident; and
(B) in consultation with the Secretary of State, promptly undertake a
comprehensive study of the provisions of this chapter, as they relate to
North Pacific fur seals, and the provisions of the North Pacific Fur
Seal Convention signed on February 9, 1957, as extended (hereafter
referred to in this subsection as the ''Convention''), to determine what
modifications, if any, should be made to the provisions of the
Convention, or of this chapter, or both, to make the Convention and this
chapter consistent with each other.
The Secretary shall complete the studies required under this
paragraph not later than one year after October 21, 1972, and shall
immediately provide copies thereof to Congress.
(2) If the Secretary finds --
(A) as a result of the study required under paragraph (1)(A) of this
subsection, that the North Pacific fur seal herds are below their
optimum sustainable population and are not trending upward toward such
level, or have reached their optimum sustainable population but are
commencing a downward trend, and believes the herds to be in danger of
depletion; or
(B) as a result of the study required under paragraph (1)(B) of this
subsection, that modifications of the Convention are desirable to make
it and this chapter consistent;
he shall, through the Secretary of State, immediately initiate
negotiations to modify the Convention so as to (i) reduce or halt the
taking of seals to the extent required to assure that such herds attain
and remain at their optimum sustainable population, or (ii) make the
Convention and this chapter consistent; or both, as the case may be.
If negotiations to so modify the Convention are unsuccessful, the
Secretary shall, through the Secretary of State, take such steps as may
be necessary to continue the existing Convention beyond its present
termination date so as to continue to protect and conserve the North
Pacific fur seals and to prevent a return to pelagic sealing.
(c) Description of annual results of discussions; proposals for
further action
The Secretary shall include a description of the annual results of
discussions initiated and conducted pursuant to subsection (a)(2)(B) of
this section, as well as any proposals for further action to achieve the
purposes of that subsection, in the report required under section
1373(f) of this title.
(Pub. L. 92-522, title I, 108, Oct. 21, 1972, 86 Stat. 1038; Pub.
L. 100-711, 4(b), (c), Nov. 23, 1988, 102 Stat. 4766, 4767.)
1988 -- Subsec. (a)(2). Pub. L. 100-711, 4(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''initiate
negotiations as soon as possible with all foreign governments which are
engaged in, or which have persons or companies engaged in, commercial
fishing operations which are found by the Secretary to be unduly harmful
to any species of marine mammal, for the purpose of entering into
bilateral and multilateral treaties with such countries to protect
marine mammals. The Secretary of State shall prepare a draft agenda
relating to this matter for discussion at appropriate international
meetings and forums;''.
Subsec. (c). Pub. L. 100-711, 4(c), added subsec. (c).
16 USC 1379. Transfer of management authority
TITLE 16 -- CONSERVATION
(a) State enforcement of State laws or regulations prohibited without
transfer to State of management authority by Secretary
No State may enforce, or attempt to enforce, any State law or
regulation relating to the taking of any species (which term for
purposes of this section includes any population stock) of marine mammal
within the State unless the Secretary has transferred authority for the
conservation and management of that species (hereinafter referred to in
this section as ''management authority'') to the State under subsection
(b)(1) of this section.
(b) Findings prerequisite to transfer of authority; State program;
implementation
(1) Subject to paragraph (2) and subsection (f) of this section, the
Secretary shall transfer management authority for a species of marine
mammal to a State if the Secretary finds, after notice and opportunity
for public comment, that the State has developed and will implement a
program for the conservation and management of the species that --
(A) is consistent with the purposes, policies, and goals of this
chapter and with international treaty obligations;
(B) requires that all taking of the species be humane;
(C) does not permit the taking of the species unless and until --
(i) the State has determined, under a process consistent with the
standards set forth in subsection (c) of this section --
(I) that the species is at its optimum sustainable population
(hereinafter in this section referred to as ''OSP''), and
(II) the maximum number of animals of that species that may be taken
without reducing the species below its OSP, and
(ii) the determination required under clause (i) is final and
implemented under State law, and, if a cooperative allocation agreement
for the species is required under subsection (d)(1) of this section,
such as agreement is implemented;
(D) does not permit the taking of a number of animals of the species
that exceeds the maximum number determined pursuant to subparagraph
(C)(i)(II), and, in the case of taking for subsistence uses (as defined
in subsection (f)(2) of this section), does not permit the taking of a
number of animals that would be inconsistent with the maintenance of the
species at its OSP;
(E) does not permit the taking of the species for scientific
research, public display, or enhancing the survival or recovery of a
species or stock, except for taking for such purposes that is undertaken
by, or on behalf of, the State;
(F) provides procedures for acquiring data, and evaluating such data
and other new evidence, relating to the OSP of the species, and the
maximum take that would maintain the species at the level, and, if
required on the basis of such evaluation, for amending determinations
under subparagraph (C)(i);
(G) provides procedures for the resolution of differences between the
State and the Secretary that might arise during the development of a
cooperative allocation agreement under subsection (d)(1) of this
section; and
(H) provides for the submission of an annual report to the Secretary
regarding the administration of the program during the reporting period.
(2) During the period between the transfer of management authority
for a species to a State under paragraph (1) and the time at which the
implementation requirements under paragraph (1)(C)(ii) are complied with
--
(A) the State program shall not apply with respect to the taking of
the species within the State for any purpose, or under any condition,
provided for under section 1371 of this title; and
(B) the Secretary shall continue to regulate, under this subchapter,
all takings of the species within the State.
(3) After the determination required under paragraph (1)(C)(i)
regarding a species is final and implemented under State law and after a
cooperative allocation agreement described in subsection (d)(1) of this
section, if required, is implemented for such species --
(A) such determination shall be treated, for purposes of applying
this subchapter beyond the territory of the State, as a determination
made in accordance with section 1373 of this title and as an applicable
waiver under section 1371(a)(3) of this title;
(B) the Secretary shall regulate, without regard to this section
other than the allocations specified under such an agreement, the taking
of the species --
(i) incidentally in the course of commercial fishing operations
(whether provided for under section 1371(a)(2) or (4) of this title), or
in the course of other specified activities provided for under section
1371(a)(5) of this title, in the zone described in section 1362(14)(B)
/1/ of this title, and
(ii) for scientific research, public display, or enhancing the
survival or recovery of a species or stock (other than by, or on behalf
of, the State), except that any taking authorized under a permit issued
pursuant to section 1371(a)(1) of this title after October 9, 1981,
allowing the removal of live animals from habitat within the State shall
not be effective if the State agency disapproves, on or before the date
of issuance of the permit, such taking as being inconsistent with the
State program; and
(C) section 1371(b) of this title shall not apply.
(c) Standards with which State process must comply
The State process required under subsection (b)(1)(C) of this section
must comply with the following standards:
(1) The State agency with management authority for the species
(hereinafter in this section referred to as the ''State agency'') must
make an initial determination regarding the factors described in clause
(i) of that subsection. The State agency must identify, and make
available to the public under reasonable circumstances, the
documentation supporting such initial determination. Unless request for
a hearing under paragraph (2) regarding the initial determination is
timely made, the initial determination shall be treated as final under
State law.
(2) The State agency shall provide opportunity, at the request of any
interested party, for a hearing with respect to the initial
determination made by it under paragraph (1) at which interested parties
may --
(A) present oral and written evidence in support of or against such
determination; and
(B) cross-examine persons presenting evidence at the hearing.
The State agency must give public notice of the hearing and make
available to the public within a reasonable time before commencing the
hearing a list of the witnesses for the State and a general description
of the documentation and other evidence that will be relied upon by such
witnesses.
(3) The State agency, solely on the basis of the record developed at
a hearing held pursuant to paragraph (2), must make a decision regarding
its initial determination under paragraph (1) and shall include with the
record a statement of the findings and conclusions, and the reason or
basis therefor, on all material issues.
(4) Opportunity for judicial review of the decision made by the State
agency on the record under paragraph (3), under scope of review
equivalent to that provided for in section 706(2)(A) through (E) of
title 5, must be available under State law. The Secretary may not
initiate judicial review of any such decision.
(d) Cooperative allocation agreements
(1) If the range of a species with respect to which a determination
under paragraph (1)(C)(i) of subsection (b) of this section is made
extends beyond the territorial waters of the State, the State agency and
the Secretary (who shall first coordinate with the Marine Mammal
Commission and the appropriate Regional Fishery Management Council
established under section 1852 of this title) shall enter into a
cooperative allocation agreement providing procedures for allocating, on
a timely basis, such of the number of animals, as determined under
paragraph (1)(C)(i)(II) of subsection (b) of this section, as may be
appropriate with priority of allocation being given firstly to taking
for subsistence uses in the case of the State of Alaska, and secondly to
taking for purposes provided for under section 1371(a) of this title
within the zone described in section 1362(14)(B) /1/ of this title.
(2) If the State agency requests the Secretary to regulate the taking
of a species to which paragraph (1) applies within the zone described in
section 1362(14)(B) /1/ of this title for subsistence uses or for
hunting, or both, in a manner consistent with the regulation by the
State agency of such taking within the State, the Secretary shall adopt,
and enforce within such zone, such of the State agency's regulatory
provisions as the Secretary considers to be consistent with his
administration of section 1371(a) of this title within such zone. The
Secretary shall adopt such provisions through the issuance of
regulations under section 553 of title 5, and with respect to such
issuance the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), Executive Order
Numbered 12291, dated February 17, 1981, and the thirty-day notice
requirement in subsection (d) of such section 553 shall not apply. For
purposes of sections 1375, 1376, and 1377 of this title, such
regulations shall be treated as having been issued under this
subchapter.
(e) Revocation of transfer of management authority
(1) Subject to paragraph (2), the Secretary shall revoke, after
opportunity for a hearing, any transfer of management authority made to
a State under subsection (b)(1) of this section if the Secretary finds
that the State program for the conservation and management of the
species concerned is not being implemented, or is being implemented in a
manner inconsistent with the provisions of this section or the
provisions of the program. The Secretary shall also establish a
procedure for the voluntary return by a State to the Secretary of
species management authority that was previously transferred to the
State under subsection (b)(1) of this section.
(2)(A) The Secretary may not revoke a transfer of management
authority under paragraph (1) unless --
(i) the Secretary provides to the State a written notice of intent to
revoke together with a statement, in detail, of those actions, or
failures to act, on which such intent is based; and
(ii) during the ninety-day period after the date of the notice of
intent to revoke --
(I) the Secretary provides opportunity for consultation between him
and the State concerning such State actions or failures to act and the
remedial measures that should be taken by the State, and
(II) the State does not take such remedial measures as are necessary,
in the judgment of the Secretary, to bring its conservation and
management program, or the administration or enforcement of the program,
into compliance with the provisions of this section.
(B) When a revocation by the Secretary of a transfer of management
authority to a State becomes final, or the State voluntarily returns
management authority to the Secretary, the Secretary shall regulate the
taking, and provide for the conservation and management, of the species
within the State in accordance with the provisions of this chapter (and
in the case of Alaskan Natives, section 1371(b) of this title and
subsection (i) of this section shall apply upon such revocation or
return of management authority).
(f) Transfer of management authority to State of Alaska
(1) The Secretary may not transfer management authority to the State
of Alaska under subsection (b)(1) of this section for any species of
marine mammal unless --
(A) the State has adopted and will implement a statute and
regulations that insure that the taking of the species for subsistence
uses --
(i) is accomplished in a nonwasteful manner,
(ii) will be the priority consumptive use of the species, and
(iii) if required to be restricted, such restriction will be based
upon --
(I) the customary and direct dependence upon the species as the
mainstay of livelihood,
(II) local residency, and
(III) the availability of alternative resources; and
(B) the State has adopted a statute or regulation that requires that
any consumptive use of marine mammal species, other than for subsistence
uses, will be authorized during a regulatory year only if the
appropriate agency first makes findings, based on an administrative
record before it, that --
(i) such use will have no significant adverse impact upon subsistence
uses of the species, and
(ii) the regulation of such use, including, but not limited to,
licensing of marine mammal hunting guides and the assignment of guiding
areas, will, to the maximum extent practicable, provide economic
opportunities for the residents of the rural coastal villages of Alaska
who engage in subsistence uses of that species.
(2) For purposes of paragraph (1), the term ''subsistence uses''
means the customary and traditional uses by rural Alaska residents of
marine mammals for direct personal or family consumption as food,
shelter, fuel, clothing, tools, or transportation; for the making and
selling of handicraft articles out of nonedible byproducts of marine
mammals taken for personal or family consumption; and for barter, or
sharing for personal or family consumption. As used in this paragraph
--
(A) The term ''family'' means all persons related by blood, marriage,
or adoption, or any person living within a household on a permanent
basis.
(B) The term ''barter'' means the exchange of marine mammals or their
parts, taken for subsistence uses --
(i) for other wildlife or fish or their parts, or
(ii) for other food or for nonedible items other than money if the
exchange is of a limited and noncommercial nature.
(g) Environmental impact statement not required
Neither the transfer of management authority to a State under
subsection (b)(1) of this section, nor the revocation or voluntary
return of such authority under subsection (e) of this section, shall be
deemed to be an action for which an environmental impact statement is
required under section 4332 of title 42.
(h) Taking of marine mammals as part of official duties
(1) Nothing in this subchapter or subchapter V /2/ of this chapter
shall prevent a Federal, State, or local government official or employee
or a person designated under section 1382(c) of this title from taking,
in the course of his or her duties as an official, employee, or
designee, a marine mammal in a humane manner (including euthanasia) if
such taking is for --
(A) the protection or welfare of the mammal,
(B) the protection of the public health and welfare, or
(C) the nonlethal removal of nuisance animals.
(2) Nothing in this subchapter shall prevent the Secretary or a
person designated under section 1382(c) of this title from importing a
marine mammal into the United States if such importation is necessary to
render medical treatment that is not otherwise available.
(3) In any case in which it is feasible to return to its natural
habitat a marine mammal taken or imported under circumstances described
in this subsection, steps to achieve that result shall be taken.
(i) Regulations covering taking of marine mammals by Alaskan natives
The Secretary may (after providing notice thereof in the Federal
Register and in newspapers of general circulation, and through
appropriate electronic media, in the affected area and providing
opportunity for a hearing thereon in such area) prescribe regulations
requiring the marking, tagging, and reporting of animals taken pursuant
to section 1371(b) of this title.
(j) Grants to develop or administer State conservation and management
programs
The Secretary may make grants to States to assist them --
(1) in developing programs, to be submitted for approval under
subsection (b) of this section, for the conservation and management of
species of marine mammals; and
(2) in administering such programs if management authority for such
species is transferred to the State under such subsection.
Grants made under this subsection may not exceed 50 per centum of the
costs of developing a State program before Secretarial approval, or of
administering the program thereafter.
(k) Delegation of administration and enforcement to States
The Secretary is authorized and directed to enter into cooperative
arrangements with the appropriate officials of any State for the
delegation to such State of the administration and enforcement of this
subchapter: Provided, That any such arrangement shall contain such
provisions as the Secretary deems appropriate to insure that the
purposes and policies of this chapter will be carried out.
(l) Authorization of appropriations
(1) There are authorized to be appropriated to the Department of the
Interior, for the purposes of carrying out this section, not to exceed
$400,000 for each of the fiscal years ending September 30, 1979,
September 30, 1980, and September 30, 1981.
(2) There are authorized to be appropriated to the Department of
Commerce, for the purposes of carrying out this section, not to exceed
$225,000 for each of the fiscal years ending September 30, 1979,
September 30, 1980, and September 30, 1981.
(Pub. L. 92-522, title I, 109, Oct. 21, 1972, 86 Stat. 1040; Pub.
L. 95-316, 1, July 10, 1978, 92 Stat. 380; Pub. L. 97-58, 4(a), Oct.
9, 1981, 95 Stat. 982; Pub. L. 100-711, 5(a), (e)(3), Nov. 23, 1988,
102 Stat. 4769, 4771; Pub. L. 102-587, title III, 3004(a)(2), Nov. 4,
1992, 106 Stat. 5067.)
Section 1362(14) of this title, referred to in subsecs. (b)(3)(B)(i)
and (d), was redesignated section 1362(15) by Pub. L. 102-582, title
IV, 401(a), Nov. 2, 1992, 106 Stat. 4909.
The Regulatory Flexibility Act, referred to in subsec. (d)(2), is
Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164, which is classified
generally to chapter 6 ( 601 et seq.) of Title 5, Government
Organization and Employees. For complete classification of this Act to
the Code, see Short Title note set out under section 601 of Title 5 and
Tables.
The Paperwork Reduction Act, referred to in subsec. (d)(2), probably
means the Paperwork Reduction Act of 1980, Pub. L. 96-511, Dec. 11,
1980, 94 Stat. 2812, as amended, which is classified principally to
chapter 35 ( 3501 et seq.) of Title 44, Public Printing and Documents.
For complete classification of this Act to the Code, see Short Title of
1980 Amendment note set out under section 101 of Title 44 and Tables.
Executive Order Numbered 12291, dated February 17, 1981, referred to
in subsec. (d)(2), is set out as a note under section 601 of Title 5,
Government Organization and Employees.
Subchapter V of this chapter, referred to in subsec. (h)(1), was in
the original ''title III'', meaning title III of Pub. L. 92-522 as
added by section 3003(a) of Pub. L. 102-587, which is classified to
subchapter V of this chapter. Another title III of Pub. L. 92-522 was
added by section 2(a) of Pub. L. 102-523 and is classified to
subchapter IV of this chapter.
1992 -- Subsec. (h)(1). Pub. L. 102-587 inserted ''or subchapter V
of this chapter'' in introductory provisions.
1988 -- Subsec. (b)(1)(E). Pub. L. 100-711, 5(e)(3)(A), substituted
''research, public display, or enhancing the survival or recovery of a
species or stock'' for ''research and public display purposes''.
Subsec. (b)(3)(B)(ii). Pub. L. 100-711, 5(e)(3)(B), substituted
''research, public display, or enhancing the survival or recovery of a
species or stock'' for ''research or public display purposes''.
Subsec. (h). Pub. L. 100-711, 5(a), amended subsec. (h) generally.
Prior to amendment, subsec. (h) read as follows: ''Nothing in this
subchapter shall prevent a Federal, State, or local government official
or employee or a person designated under section 1382(c) of this title
from taking, in the course of his duties as an official, employee, or
designee, a marine mammal in a humane manner (including euthanasia) if
such taking is for --
''(1) the protection or welfare of the mammal,
''(2) the protection of the public health and welfare, or
''(3) the nonlethal removal of nuisance animals,
and, in any case in which the return of the mammal to its natural
habitat is feasible, includes steps designed to achieve that result.''
1981 -- Subsec. (a). Pub. L. 97-58, 4(a)(2), added subsec. (a).
Former subsec. (a), relating to State regulation of the taking of
marine mammals, was struck out.
Subsec. (b). Pub. L. 97-58, 4(a)(2), added subsec. (b). Former
subsec. (b), relating to the making of grants to States by the
Secretary, was struck out. See subsec. (j) of this section.
Subsecs. (c), (d). Pub. L. 97-58, 4(a)(1), (2), added subsecs. (c)
and (d). Former subsecs. (c) and (d) redesignated (k) and (l),
respectively.
Subsecs. (e) to (j). Pub. L. 97-58, 4(a)(2), added subsecs. (e) to
(j).
Subsecs. (k), (l). Pub. L. 97-58, 4(a)(1), redesignated subsecs.
(c) and (d) as (k) and (l), respectively.
1978 -- Subsec. (d). Pub. L. 95-316 added subsec. (d).
Section 4(b) of Pub. L. 97-58 provided that: ''Nothing in the
amendments made by subsection (a) (amending this section) shall be
construed as affecting in any manner, or to any extent, any cooperative
agreement entered into by a State under section 6(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1535(c)) before, on, or after the date of
the enactment of this Act (Oct. 9, 1981).''
/1/ See References in Text note below.
/2/ See References in Text note below.
16 USC 1380. Marine mammal research grants
TITLE 16 -- CONSERVATION
(a) Authorization; research concerning yellowfin tuna; annual
report
(1) The Secretary is authorized to make grants, or to provide
financial assistance in such other form as he deems appropriate, to any
Federal or State agency, public or private institution, or other person
for the purpose of assisting such agency, institution, or person to
undertake research in subjects which are relevant to the protection and
conservation of marine mammals. In carrying out this subsection, the
Secretary shall undertake a program of, and shall provide financial
assistance for, research into new methods of locating and catching
yellowfin tuna without the incidental taking of marine mammals. The
Secretary shall include a description of the annual results of research
carried out under this section in the report required under section
1373(f) of this title.
(2) For purposes of identifying appropriate research into promising
new methods of locating and catching yellowfin tuna without the
incidental taking of marine mammals, the Secretary shall contract for an
independent review of information pertaining to such potential
alternative methods to be conducted by the National Academy of Sciences
with individuals having scientific, technical, or other expertise that
may be relevant to the identification of promising alternative fishing
techniques. The Secretary shall request that the independent review be
submitted to the Secretary on or before September 8, 1989, and the
Secretary shall submit the report of the independent review, together
with a proposed plan for research, development, and implementation of
alternative fishing techniques, to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives on or before December 5,
1989.
(b) Terms and conditions
Any grant or other financial assistance provided by the Secretary
pursuant to this section shall be subject to such terms and conditions
as the Secretary deems necessary to protect the interests of the United
States and shall be made after review by the Marine Mammal Commission.
(c) Authorization of appropriations
There are authorized to be appropriated, for the purposes of carrying
out this section, not to exceed the following sums for the following
fiscal years:
(1) $2,500,000 for each of the fiscal years ending June 30, 1973,
June 30, 1974, June 30, 1975, September 30, 1976, and September 30,
1977, of which one-third of the sum appropriated for any such fiscal
year shall be available to the Secretary of the Interior and two-thirds
of any such sum shall be available to the Secretary of Commerce.
(2) $1,200,000, all of which shall be available to the Secretary of
the Interior, for the fiscal year ending September 30, 1978.
(3) $200,000, all of which shall be available to the Secretary of
Commerce, for the fiscal year ending September 30, 1978.
(4)(A) $1,300,000 which shall be available to the Secretary of the
Interior for the fiscal year ending September 30, 1979.
(B) $2,700,000 which shall be available to the Secretary of Commerce
for the fiscal year ending September 30, 1979.
(5)(A) $1,500,000 which shall be available to the Secretary of the
Interior for the fiscal year ending September 30, 1980.
(B) $2,700,000 which shall be available to the Secretary of Commerce
for the fiscal year ending September 30, 1980.
(6)(A) $2,100,000 which shall be available to the Secretary of the
Interior for the fiscal year ending September 30, 1981.
(B) $2,700,000 which shall be available to the Secretary of Commerce
for the fiscal year ending September 30, 1981.
(Pub. L. 92-522, title I, 110, Oct. 21, 1972, 86 Stat. 1041; Pub.
L. 95-136, 1, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95-316, 2, July
10, 1978, 92 Stat. 380; Pub. L. 97-58, 5, Oct. 9, 1981, 95 Stat. 986;
Pub. L. 100-711, 4(e), Nov. 23, 1988, 102 Stat. 4768.)
1988 -- Subsec. (a). Pub. L. 100-711 designated existing provisions
as par. (1) and added par. (2).
1981 -- Subsec. (a). Pub. L. 97-58 directed the Secretary to
undertake a program of research into new methods of locating and
catching yellowfin tuna without the incidental taking of marine mammals
and directed that the Secretary include a description of the annual
results of that research in the report required under section 1373(f) of
this title.
1978 -- Subsec. (c)(4) to (6). Pub. L. 95-316 added pars. (4) to
(6).
1977 -- Subsec. (c). Pub. L. 95-136 incorporated existing provisions
into text preceding par. (1) and, as so incorporated, struck out
provisions authorizing to be appropriated such sums as may be necessary
to carry out this section for the fiscal year in which this section
takes effect and the next four years thereafter, limiting appropriations
for any one year to $2,500,000, and requiring that one-third of such
sums be made available to the Secretary of the Interior and two-thirds
of such sums be made available to the Secretary of the department in
which the National Oceanic and Atmospheric Administration is operating,
and added pars. (1) to (3).
16 USC 1381. Commercial fisheries gear development
TITLE 16 -- CONSERVATION
(a) Research and development program; report to Congress;
authorization of appropriations
The Secretary of the department in which the National Oceanic and
Atmospheric Administration is operating (hereafter referred to in this
section as the ''Secretary'') is hereby authorized and directed to
immediately undertake a program of research and development for the
purpose of devising improved fishing methods and gear so as to reduce to
the maximum extent practicable the incidental taking of marine mammals
in connection with commercial fishing. At the end of the full
twenty-four calendar month period following October 21, 1972, the
Secretary shall deliver his report in writing to the Congress with
respect to the results of such research and development. For the
purposes of this section, there is hereby authorized to be appropriated
the sum of $1,000,000 for the fiscal year ending June 30, 1973, and the
same amount for the next fiscal year. Funds appropriated for this
section shall remain available until expended.
(b) Reduction of level of taking of marine mammals incidental to
commercial fishing operations
The Secretary, after consultation with the Marine Mammal Commission,
is authorized and directed to issue, as soon as practicable, such
regulations, covering the twenty-four-month period referred to in
section 1371(a)(2) of this title, as he deems necessary or advisable, to
reduce to the lowest practicable level the taking of marine mammals
incidental to commercial fishing operations. Such regulations shall be
adopted pursuant to section 553 of title 5. In issuing such
regulations, the Secretary shall take into account the results of any
scientific research under subsection (a) of this section and, in each
case, shall provide a reasonable time not exceeding four months for the
persons affected to implement such regulations.
(c) Reduction of level of taking of marine mammals in tuna fishery
Additionally, the Secretary and Secretary of State are directed to
commence negotiations within the Inter-American Tropical Tuna Commission
in order to effect essential compliance with the regulatory provisions
of this chapter so as to reduce to the maximum extent feasible the
incidental taking of marine mammals by vessels involved in the tuna
fishery. The Secretary and Secretary of State are further directed to
request the Director of Investigations of the Inter-American Tropical
Tuna Commission to make recommendations to all member nations of the
Commission as soon as is practicable as to the utilization of methods
and gear devised under subsection (a) of this section.
(d) Research and observation
Furthermore, after timely notice and during the period of research
provided in this section, duly authorized agents of the Secretary are
hereby empowered to board and to accompany any commercial fishing vessel
documented under the laws of the United States, there being space
available, on a regular fishing trip for the purpose of conducting
research or observing operations in regard to the development of
improved fishing methods and gear as authorized by this section. Such
research and observation shall be carried out in such manner as to
minimize interference with fishing operations. The Secretary shall
provide for the cost of quartering and maintaining such agents. No
master, operator, or owner of such a vessel shall impair or in any way
interfere with the research or observation being carried out by agents
of the Secretary pursuant to this section.
(Pub. L. 92-522, title I, 111, Oct. 21, 1972, 86 Stat. 1041.)
16 USC 1382. Regulations and administration
TITLE 16 -- CONSERVATION
(a) Consultation with Federal agencies
The Secretary, in consultation with any other Federal agency to the
extent that such agency may be affected, shall prescribe such
regulations as are necessary and appropriate to carry out the purposes
of this subchapter.
(b) Cooperation by Federal agencies
Each Federal agency is authorized and directed to cooperate with the
Secretary, in such manner as may be mutually agreeable, in carrying out
the purposes of this subchapter.
(c) Contracts, leases, and cooperative agreements
The Secretary may enter into such contracts, leases, cooperative
agreements, or other transactions as may be necessary to carry out the
purposes of this subchapter or subchapter V /1/ of this chapter and on
such terms as he deems appropriate with any Federal or State agency,
public or private institution, or other person.
(d) Annual review; suspension of program
The Secretary shall review annually the operation of each program in
which the United States participates involving the taking of marine
mammals on lands. If at any time the Secretary finds that any such
program cannot be administered on lands owned by the United States or in
which the United States has an interest in a manner consistent with the
purposes of policies of this chapter, he shall suspend the operation of
that program and shall include in the annual report to the public and
the Congress required under section 1373(f) of this title his reasons
for such suspension, together with recommendations for such legislation
as he deems necessary and appropriate to resolve the problem.
(Pub. L. 92-522, title I, 112, Oct. 21, 1972, 86 Stat. 1042; Pub.
L. 96-470, title II, 201(e), Oct. 19, 1980, 94 Stat. 2241; Pub. L.
102-587, title III, 3004(a)(3), Nov. 4, 1992, 106 Stat. 5067.)
Subchapter V of this chapter, referred to in subsec. (c), was in the
original ''title III'', meaning title III of Pub. L. 92-522 as added by
section 3003(a) of Pub. L. 102-587, which is classified to subchapter V
of this chapter. Another title III of Pub. L. 92-522 was added by
section 2(a) of Pub. L. 102-523 and is classified to subchapter IV of
this chapter.
1992 -- Subsec. (c). Pub. L. 102-587 inserted ''or subchapter V of
this chapter'' after ''of this subchapter''.
1980 -- Subsec. (d). Pub. L. 96-470 substituted ''include in the
annual report to the public and the Congress required under section
1373(f) of this title'' for ''forthwith submit to Congress''.
/1/ See References in Text note below.
16 USC 1383. Application to other treaties and conventions
TITLE 16 -- CONSERVATION
The provisions of this subchapter shall be deemed to be in addition
to and not in contravention of the provisions of any existing
international treaty, convention, or agreement, or any statute
implementing the same, which may otherwise apply to the taking of marine
mammals. Upon a finding by the Secretary that the provisions of any
international treaty, convention, or agreement, or any statute
implementing the same has been made applicable to persons subject to the
provisions of this subchapter in order to effect essential compliance
with the regulatory provisions of this chapter so as to reduce to the
lowest practicable level the taking of marine mammals incidental to
commercial fishing operations, section 1375 of this title may not apply
to such persons.
(Pub. L. 92-522, title I, 113(a), Oct. 21, 1972, 86 Stat. 1042.)
Section consists of subsec. (a) of section 113 of Pub. L. 92-522.
Subsec. (b) of section 113 amended section 659 of this title.
16 USC 1383a. Interim exemption for commercial fisheries
TITLE 16 -- CONSERVATION
(a) Effective and termination dates of preemptive provisions; law
governing incidental taking of marine mammals in course of commercial
yellowfin tuna fishing
(1) During the period beginning on November 23, 1988, and ending
October 1, 1993, except as provided in paragraph (2), the provisions of
this section, rather than sections 1371, 1373, and 1374 of this title,
shall govern the incidental taking of marine mammals in the course of
commercial fishing operations by persons using vessels of the United
States and vessels which have valid fishing permits issued by the
Secretary in accordance with section 1824(b) of this title. In any
event it shall be the immediate goal that the incidental kill or serious
injury of marine mammals permitted in the course of commercial fishing
operations be reduced to insignificant levels approaching a zero
mortality and serious injury rate.
(2) The provisions of this section other than subsection (e)(6)(A) of
this section shall not govern the incidental taking of marine mammals in
the course of commercial yellowfin tuna fishing subject to section
1374(h)(2) of this title.
(b) Proposed and final list of fisheries taking marine mammals;
publication in Federal Register; grant of exemption; conditions;
suspension of grant of exemption; administration of exemption
provisions; fees
(1) The Secretary shall, after consultation with the Marine Mammal
Commission --
(A) publish in the Federal Register, for public comment, not later
than sixty days after November 23, 1988, a proposed list of those
fisheries, along with a statement of the marine mammals and the
approximate number of vessels or persons involved in each such fishery,
that have --
(i) frequent incidental taking of marine mammals;
(ii) occasional incidental taking of marine mammals; or
(iii) a remote likelihood of or no known incidental taking of marine
mammals;
(B) publish in the Federal Register not later than one hundred and
twenty days after November 23, 1988, a final list of the fisheries and
other information required by paragraph (A), together with a summary of
the provisions of this section and information sufficient to advise
vessel owners on how to obtain an exemption and otherwise comply with
the requirements of this section; and
(C) at least once each year thereafter, and at such other times as
the Secretary considers appropriate, reexamine, based on information
gathered from the program established under subsections (c), (d), (e),
and (f) of this section, and other relevant sources and after notice and
opportunity for public comment, the classification of fisheries and
other determinations required under subparagraph (A) and publish in the
Federal Register any necessary changes.
(2)(A) An exemption shall be granted by the Secretary in accordance
with this section for a vessel engaged in a fishery identified under
paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a
completed registration form providing the name of the vessel owner, the
name and description of the vessel, the fisheries in which it will be
engaged, and such other information as the Secretary considers
necessary. A decal or other physical evidence that the exemption is
current and valid shall be issued by the Secretary at the time an
exemption is granted, and so long as the exemption remains current and
valid, shall be reissued annually thereafter.
(B) No exemption may be granted under this section to the owner of a
vessel unless such vessel --
(i) is a vessel of the United States; or
(ii) has a valid fishing permit issued by the Secretary in accordance
with section 1824(b) of this title.
(C) Notwithstanding any other provision of this subchapter,
exemptions granted under this section shall authorize the incidental
taking of marine mammals, other than California sea otters, from any
species or stock, including a population stock designated as depleted,
but shall not authorize the intentional lethal taking of any Steller sea
lion, any cetacean, or any marine mammals from a population stock
designated as depleted.
(3)(A) Beginning two hundred and forty days after November 23, 1988,
each owner of a vessel engaged in any fishery identified under paragraph
(1)(A)(i) or (ii) shall, in order to engage lawfully in that fishery --
(i) have registered with the Secretary in order to obtain for each
such vessel owned an exemption for the purpose of incidentally taking
marine mammals in accordance with this section;
(ii) ensure that a decal or such other physical evidence of a current
and valid exemption as the Secretary may require is displayed on or is
in the possession of the master of each such vessel; and
(iii) report as required by subsection (c) of this section.
(B) Any owner of a vessel receiving an exemption under this section
for any fishery identified under paragraph (1)(A)(i) shall, as a
condition of that exemption, take on board a natural resource observer
if requested to do so by the Secretary.
(C) An owner of a vessel engaged in a fishery identified under
paragraph (1)(A)(i) or (ii) who --
(i) fails to obtain from the Secretary an exemption under this
section;
(ii) fails to maintain a current and valid exemption; or
(iii) fails to ensure that a decal or other physical evidence of such
exemption issued by the Secretary is displayed on or is in possession of
the master of the vessel,
and the master of any such vessel engaged in such fishery, shall be
deemed to have violated this subchapter, and shall be subject to the
penalties of this subchapter except in the case of unknowing violations
before January 1, 1990.
(D) If the owner of a vessel has obtained and maintains a current and
valid exemption from the Secretary under this section and meets the
requirements set forth in this section, the owner of such vessel, and
the master and crew members of the vessel, shall not be subject to the
penalties set forth in this subchapter for the incidental taking of
marine mammals while such vessel is engaged in a fishery to which the
exemption applies.
(E) Each owner of a vessel engaged in any fishery not identified in
paragraph (1)(A)(i) or (ii), and the master and crew members of such a
vessel, shall not be subject to the penalties set forth in this
subchapter for the incidental taking of marine mammals if such owner
reports to the Secretary, in such form and manner as the Secretary may
require, instances of lethal incidental taking in the course of that
fishery.
(4) The Secretary shall suspend or revoke an exemption granted under
this section and shall not issue a decal or other physical evidence of
the exemption for any vessel until the owner of such vessel complies
with the reporting requirements under subsection (c) of this section and
such requirements to take on board a natural resource observer under
paragraph (3)(B) as are applicable to such vessel.
(5)(A) The Secretary shall develop, in consultation with the
appropriate States, Regional Fishery Management Councils, and other
interested parties, the means by which the granting and administration
of exemptions under this section shall be integrated and coordinated, to
the maximum extent practicable, with existing fishery licenses,
registrations, and related programs.
(B) The Secretary shall utilize newspapers of general circulation,
fishery trade associations, electronic media, and other means of
advising commercial fishermen of the provisions of this section and the
means by which they can comply with its requirements.
(C) The Secretary is authorized to charge a fee for the granting of
an exemption under this subsection. The level of fees charged under
this subparagraph shall not exceed the administrative costs incurred in
granting an exemption. Fees collected under this subparagraph shall be
available to the Under Secretary of Commerce for Oceans and Atmosphere
for expenses incurred in the granting and administration of exemptions
under this section.
(c) Compilation of information by vessel owners; contents
The owner of each vessel holding an exemption granted under
subsection (b) of this section shall regularly compile information which
shall be used in a report to be submitted to the Secretary at the close
of the fishing season or annually, as the Secretary may prescribe. Such
report shall be submitted in such form as the Secretary may require and
shall include the following:
(1) the type of fishery engaged in by the owner's vessel;
(2) the date and approximate time of any incidental taking of a
marine mammal, together with the area in which the incidental taking
occurred, the fishing gear used at the time of the incidental taking,
and the species of fish involved; and
(3) for each incidental taking, the number and species of marine
mammals involved, whether the marine mammals were deterred from gear or
catch, incidentally injured, incidentally killed, or lethally removed to
protect gear, catch, or human life.
If there was no incidental taking of marine mammals during the
reporting period, a report stating that fact shall be filed with the
Secretary.
(d) Program for enhancement and verification of information received
from vessel owners; confidentiality of information
(1) The Secretary shall establish a program to enhance the quality of
and verify information received from reports submitted by owners of
vessels who have been granted an exemption under subsection (b) of this
section. The program shall include, but not be limited to --
(A) education efforts regarding the information that must be
submitted;
(B) interviews with fishermen; and
(C) other such information gathering and verification activities that
will enable the Secretary to determine reliably the nature, type, and
extent of the incidental taking of marine mammals that occurs in a
fishery.
Except to the extent authorized by the provisions of subsection (e)
of this section, the program shall not include placement of observers
aboard exempted vessels.
(2) Information obtained under this subsection shall be subject to
the confidentiality provisions of subsection (j) of this section.
(e) Observers on board exempted vessels; confidentiality of
information; authorization of appropriations
(1) For each fishery identified under subsection (b)(1)(A)(i) of this
section, the Secretary shall, after consultation with the appropriate
Regional Fishery Management Councils, other Federal and State agencies,
and other interested parties, and subject to paragraph (6), place
observers on board exempted vessels so as to monitor not less than 20
percent nor more than 35 percent of the fishing operations by vessels in
the fishery to obtain statistically reliable information on the species
and number of marine mammals incidentally taken in the fishery. If the
Secretary determines that fewer than 20 percent of the fishing
operations by vessels in the fishery will be monitored during the course
of the fishing season, the Secretary shall implement the alternative
observation program described in subsection (f) of this section to the
extent necessary to supplement the observer program described in this
subsection.
(2) When determining the distribution of observers among fisheries
and between vessels in a particular fishery, the Secretary shall be
guided by the following standards:
(A) the requirement to obtain the best scientific information
available;
(B) the requirement that assignment of observers is fair and
equitable among fisheries and among vessels in a fishery;
(C) consistent with paragraph (1), the requirement that no individual
person or vessel, or group of persons or vessels, be subject to
excessive or overly burdensome observer coverage; and
(D) where practicable, the need to minimize costs and avoid
duplication.
(3) If the Secretary finds that, for reasons beyond his or her
control, the Secretary cannot assign observers to all the fisheries
identified under subsection (b)(1)(A)(i) of this section at the level of
observer coverage set forth in paragraph (1), the Secretary shall
allocate available observers among such fisheries, consistent with
paragraph (2), according to the following priority:
(A) those fisheries that incidentally take marine mammals from any
population stock designated as depleted;
(B) those fisheries that incidentally take marine mammals from
population stocks that the Secretary believes are declining;
(C) those fisheries other than those described in subparagraphs (A)
and (B) in which the greatest incidental take of marine mammals occur;
and
(D) any other fishery identified under subsection (b)(1)(A)(i) of
this section.
The Secretary may, with the consent of the vessel owner, station an
observer on board a vessel engaged in a fishery not identified under
subsection (b)(1)(A)(i) of this section.
(4) Information gathered by observers shall be subject to the
provisions of subsection (j) of this section. Consistent with the
requirements of paragraph (1), the Secretary shall, if requested by the
Appropriate /1/ Regional Fishery Management Council, or in the case of a
State fishery, the State, require observers to collect additional
information, including but not limited to the quantities, species, and
physical condition of target and non-target fishery resources and, if
requested by the Secretary of the Interior, seabirds.
(5) Notwithstanding the provisions of paragraph (4), the Secretary
may decline to require observers to collect information described in
such paragraph, if the Secretary finds in writing, following public
notice and opportunity for comment, that such information will not
contribute to the protection of marine mammals or the understanding of
the marine ecosystem, including fishery resources and seabirds.
(6) The Secretary shall not be required to place an observer on a
vessel in a fishery if the Secretary finds that --
(A) in a situation where harvesting vessels are delivering fish to a
processing vessel and the catch is not taken on board the harvesting
vessel, statistically reliable information can be obtained from an
observer on board the processing vessel to which the fish are delivered;
(B) the facilities of a vessel for the quartering of an observer, or
for carrying out observer functions, are so inadequate or unsafe that
the health or safety of the observer or the safe operation of the vessel
would be jeopardized; or
(C) for reasons beyond the control of the Secretary, an observer is
not available.
(7)(A) An observer on a vessel (or the observer's personal
representative) under the requirements of this section or section 1374
of this title that is ill, disabled, injured, or killed from service as
an observer on that vessel may not bring a civil action under any law of
the United States for that illness, disability, injury, or death against
the vessel or vessel owner, except that a civil action may be brought
against the vessel owner for the owner's willful misconduct.
(B) This paragraph does not apply if the observer is engaged by the
owner, master, or individual in charge of a vessel to perform any duties
in service to the vessel.
(8) There are authorized to be appropriated to the Department of
Commerce for the purposes of carrying out this subsection not to exceed
$2,700,000 for fiscal year 1989 and not to exceed $8,000,000 for each of
the fiscal years 1990, 1991, 1992, and 1993.
(f) Alternative observation program
(1) The Secretary shall establish an alternative observation program
to provide statistically reliable information on the species and number
of marine mammals incidentally taken in those fisheries identified
pursuant to subsection (b)(1)(A)(i) of this section for which the
required level of observer coverage has not been met or for any other
fisheries about which such reliable information is not otherwise
available. The alternative program shall include, but not be limited
to, direct observation of fishing activities from vessels, airplanes, or
points on shore.
(2) Individuals engaged in the alternative observation program shall
collect scientific information on the fisheries subject to observation,
consistent with the requirements of paragraph (1) and subsection (e)(4)
and (5) of this section. All information collected shall be subject to
the provisions of subsection (j) of this section.
(g) Review of information and evaluation of effects of incidental
taking on population stocks of marine mammals; promulgation of
emergency regulations to mitigate immediate and significant adverse
impacts; action to mitigate non-immediate impacts
(1) The Secretary shall review information regarding the incidental
taking of marine mammals and evaluate the effects of such incidental
taking on the affected population stocks of marine mammals.
(2) If the Secretary finds, based on the information received from
the programs established under subsections (c), (d), (e), and (f) of
this section, that the incidental taking of marine mammals in a fishery
is having an immediate and significant adverse impact on a marine mammal
population stock or, in the case of Steller sea lions and North Pacific
fur seals, that more than 1,350 and 50, respectively, will be
incidentally killed during a calendar year, the Secretary shall consult
with appropriate Regional Fishery Management Councils and State fishery
managers and prescribe emergency regulations to prevent to the maximum
extent practicable any further taking. Any emergency regulations
prescribed under this paragraph --
(A) shall, to the maximum extent practicable, avoid interfering with
existing State or regional fishery management plans;
(B) shall be published in the Federal Register together with the
reasons therefor;
(C) shall remain in effect for not more than one hundred and eighty
days or until the end of the fishing season, whichever is earlier; and
(D) may be terminated by the Secretary at an earlier date by
publication in the Federal Register of a notice of termination if the
Secretary determines the reasons for the emergency regulations no longer
exist.
In prescribing emergency regulations under this paragraph, the
Secretary shall take into account the economics of the fishery concerned
and the availability of existing technology to prevent or minimize
incidental taking of marine mammals.
(3) If the Secretary finds, based on information received from the
programs established under subsections (c), (d), (e), and (f) of this
section, that incidental taking of marine mammals in a fishery is not
having an immediate and significant adverse impact on a marine mammal
population stock but that it will likely have a significant adverse
impact over a period of time longer than one year, the Secretary shall
request the appropriate Regional Fishery Management Council or State to
initiate, recommend, or take such action within its authority as it
considers necessary to mitigate the adverse impacts, including
adjustments to requirements on fishing times or areas or the imposition
of restrictions on the use of vessels or gear.
(4) The Secretary shall impose appropriate conditions and
restrictions on an exemption granted under subsection (b) of this
section if --
(A) a Regional Fishery Management Council or State does not act in a
reasonable period of time on a request made by the Secretary under
paragraph (3); or
(B) if the Secretary determines after notice and opportunity for
public comment that the purposes of this section would be better served
by such action.
(h) Information and management system for processing and analyzing
reports and information; accessibility to public
The Secretary shall design and implement an information management
system capable of processing and analyzing reports received from the
programs established under subsections (c), (d), (e), and (f) of this
section, and other relevant sources, including Federal and State
enforcement authorities, marine mammal stranding networks, and the
marine mammal researchers. The information shall be made accessible to
the public on a continuing basis, but in any case no later than six
months after it is received, subject to the provisions of subsection (j)
of this section.
(i) Utilization of services of State and Federal agencies and private
entities
When carrying out the Secretary's responsibilities under subsections
(b), (d), (e), (f), and (h) of this section, the Secretary shall, to the
maximum extent practicable, utilize the services and programs of State
agencies, Federal agencies (including programs established by Regional
Fishery Management Councils), marine fisheries commissions,
universities, and private entities, on a reimbursable basis or
otherwise. The Secretary is authorized to enter into contracts and
agreements to carry out his or her responsibilities and shall establish
appropriate guidelines to ensure that other programs used or contracted
for will meet the same standards as a program established by the
Secretary. A person contracting with the Secretary to provide observer
services under subsection (e) of this section must provide evidence of
financial responsibility in an amount and form prescribed by the
Secretary to compensate employees (or their survivors) adequately for
any illness, disability, injury, or death from service on a vessel.
(j) Confidentiality of information; exceptions
(1) Any information collected under subsection (c), (d), (e), (f), or
(h) of this section shall be confidential and shall not be disclosed
except --
(A) to Federal employees whose duties require access to such
information;
(B) to State employees pursuant to an agreement with the Secretary
that prevents public disclosure of the identity or business of any
person;
(C) when required by court order; or
(D) in the case of scientific information involving fisheries, to
employees of Regional Fishery Management Councils who are responsible
for fishery management plan development and monitoring.
(2) The Secretary shall prescribe such procedures as may be necessary
to preserve such confidentiality, except that the Secretary shall
release or make public any such information in aggregate, summary, or
other form which does not directly or indirectly disclose the identity
or business of any person.
(k) Regulations
The Secretary, in consultation with any other Federal agency to the
extent that such agency may be affected, shall prescribe such
regulations as necessary and appropriate to carry out the purposes of
this section.
(l) Suggested regime governing incidental taking of marine mammals
following termination of interim exemptions
(1) The Chairman of the Marine Mammal Commission shall, after
consultation with interested parties and not later than February 1,
1990, transmit to the Secretary and make available to the public
recommended guidelines to govern the incidental taking of marine mammals
in the course of commercial fishing operations, other than those subject
to section 1374(h)(2) of this title, after October 1, 1993. Such
guidelines shall be developed by the Commission and its Committee of
Scientific Advisers on Marine Mammals and shall --
(A) be designed to provide a scientific rationale and basis for
determining how many marine mammals may be incidentally taken under a
regime to be adopted to govern such taking after October 1, 1993;
(B) be based on sound principles of wildlife management, and be
consistent with and in furtherance of the purposes and policies set
forth in this chapter; and
(C) to the maximum extent practicable, include as factors to be
considered and utilized in determining permissible levels of such taking
--
(i) the status and trends of the affected marine mammal population
stocks;
(ii) the abundance and annual net recruitment of such stocks;
(iii) the level of confidence in the knowledge of the affected
stocks; and
(iv) the extent to which incidental taking will likely cause or
contribute to their decline or prevent their recovery to optimum
sustainable population levels.
(2) The Secretary shall advise the Chairman of the Commission in
writing if the Secretary determines that any additional information or
explanation of the Chairman's recommendations is needed, and the
Chairman shall respond in writing to any such request by the Secretary.
(3) On or before February 1, 1991, the Secretary, after consultation
with the Marine Mammal Commission, Regional Fishery Management Councils,
and other interested governmental and nongovernmental organizations,
shall publish in the Federal Register, for public comment, the suggested
regime that the Secretary considers should, if authorized by enactment
of any additional legislation, govern incidental taking of marine
mammals, other than those subject to section 1374(h)(2) of this title,
after October 1, 1993. The suggested regime shall include --
(A) the scientific guidelines to be used in determining permissible
levels of incidental taking;
(B) a description of the arrangements for consultation and
cooperation with other Federal agencies, the appropriate Regional
Fishery Management Councils and States, the commercial fishing industry,
and conservation organizations; and
(C) a summary of such regulations and legislation as would be
necessary to implement the suggested regime.
(4) On or before January 1, 1992, the Secretary, after consultation
with the Marine Mammal Commission, and consideration of public comment,
shall transmit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Merchant Marine and Fisheries of the
House of Representatives recommendations pertaining to the incidental
taking of marine mammals, other than those subject to section 1374(h)(2)
of this title, after October 1, 1993. The recommendations shall include
--
(A) the suggested regime developed under paragraph (3) of this
subsection as modified after comment and consultations;
(B) a proposed schedule for implementing the suggested regime; and
(C) such recommendations for additional legislation as the Secretary
considers necessary or desirable to implement the suggested regime.
(m) Consultation with Secretary of the Interior
The Secretary shall consult with the Secretary of the Interior prior
to taking actions or making determinations under this section that
affect or relate to species or population stocks of marine mammals for
which the Secretary of the Interior is responsible under this
subchapter.
(n) Owner of fixed commercial fishing gear deemed owner of vessel
engaged in fishery in which gear deployed
For the purposes of this section, the owner of fixed or other
commercial fishing gear that is deployed with or without the use of a
vessel shall be deemed to be an owner of a vessel engaged in the fishery
in which that gear is deployed.
(o) Definitions
As used in this section --
(1) the term ''fishery'' has the same meaning as it does in section
1802(8) of this title.
(2) the term ''Secretary'' means the Secretary of Commerce.
(3) the term ''vessel engaged in a fishery'' means a fishing vessel
as defined in section 2101(11a) of title 46 or a fish processing vessel
as defined in section 2101(11b) of that title, which is engaged in
fishery.
(4) the term ''vessel of the United States'' has the same meaning as
it does in section 1802(27) /2/ of this title.
(Pub. L. 92-522, title I, 114, as added Pub. L. 100-711, 2(a)(2),
Nov. 23, 1988, 102 Stat. 4755.)
Section 1802 of this title, referred to in subsec. (o)(4), was
subsequently amended, and section 1802(27) no longer defines the term
''vessel of the United States''. However, such term is defined
elsewhere in that section.
/1/ So in original. Probably should not be capitalized.
/2/ See References in Text note below.
16 USC 1383b. Status review; conservation plans
TITLE 16 -- CONSERVATION
(a) Determinations by rule; notice and hearing; findings; final
rule on status of species or stock involved
(1) In any action by the Secretary to determine if a species or stock
should be designated as depleted, or should no longer be designated as
depleted, regardless of whether such action is taken on the initiative
of the Secretary or in response to a petition for a status review, the
Secretary shall only make such a determination by issuance of a rule,
after notice and opportunity for public comment and after a call for
information in accordance with paragraph (2).
(2) The Secretary shall make any determination described in paragraph
(1) solely on the basis of the best scientific information available.
Prior to the issuance of a proposed rule concerning any such
determination, the Secretary shall publish in the Federal Register a
call to assist the Secretary in obtaining scientific information from
individuals and organizations concerned with the conservation of marine
mammals, from persons in any industry which might be affected by the
determination, and from academic institutions. In addition, the
Secretary shall utilize, to the extent the Secretary determines to be
feasible, informal working groups of interested parties and other
methods to gather the necessary information.
(3)(A) If the Secretary receives a petition for a status review as
described in paragraph (1), the Secretary shall publish a notice in the
Federal Register that such a petition has been received and is available
for public review.
(B) Within sixty days after receipt of the petition, the Secretary
shall publish a finding in the Federal Register as to whether the
petition presents substantial information indicating that the petitioned
action may be warranted.
(C) If the Secretary makes a positive finding under subparagraph (B),
the Secretary shall include in the Federal Register notice, a finding
that --
(i) a review of the status of the species or stock will be commenced
promptly; or
(ii) a prompt review of the petition is precluded by other pending
status determination petitions and that expeditious progress is being
made to process pending status determination petitions under this
subchapter.
In no case after making a finding under this subparagraph shall the
Secretary delay commencing a review of the status of a species or stock
for more than one hundred and twenty days after receipt of the petition.
(D) No later than two hundred and ten days after the receipt of the
petition, the Secretary shall publish in the Federal Register a proposed
rule as to the status of the species or stock, along with the reasons
underlying the proposed status determination. Persons shall have at
least sixty days to submit comments on such a proposed rule.
(E) Not later than ninety days after the close of the comment period
on a proposed rule issued under subparagraph (D), the Secretary shall
issue a final rule on the status of the species or stock involved, along
with the reasons for the status determination. If the Secretary finds
with respect to such a proposed rule that there is substantial
disagreement regarding the sufficiency or accuracy of the available
information relevant to a status determination, the Secretary may delay
the issuance of a final rule for a period of not more than six months
for purposes of soliciting additional information.
(F) Notwithstanding subparagraphs (D) and (E) of this paragraph and
section 553 of title 5, the Secretary may issue a final rule as to the
status of a species or stock any time sixty or more days after a
positive finding under subparagraph (B) if the Secretary determines
there is substantial information available to warrant such final status
determination and further delay would pose a significant risk to the
well-being of any species or stock. Along with the final rule, the
Secretary shall publish in the Federal Register detailed reasons for the
expedited determination.
(b) Conservation plans; preparation and implementation
(1) The Secretary shall prepare conservation plans --
(A) By /1/ December 31, 1989, for North Pacific fur seals;
(B) by December 31, 1990, for Steller sea lions; and
(C) as soon as possible, for any species or stock designated as
depleted under this subchapter, except that a conservation plan need not
be prepared if the Secretary determines that it will not promote the
conservation of the species or stock.
(2) Each plan shall have the purpose of conserving and restoring the
species or stock to its optimum sustainable population. The Secretary
shall model such plans on recovery plans required under section 1533(f)
of this title.
(3) The Secretary shall act expeditiously to implement each
conservation plan prepared under paragraph (1). Each year, the
Secretary shall specify in the annual report prepared under section
1373(f) of this title what measures have been taken to prepare and
implement such plans.
(Pub. L. 92-522, title I, 115, as added Pub. L. 100-711, 3(a), Nov.
23, 1988, 102 Stat. 4763.)
/1/ So in original. Probably should not be capitalized.
16 USC 1384. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) Department of Commerce
There are authorized to be appropriated to the Department of
Commerce, for purposes of carrying out such functions and
responsibilities as it may have been given under this subchapter (other
than section 1374(h)(3) of this title), $7,223,000 for fiscal year 1982,
$8,000,000 for fiscal year 1983, and $8,800,000 for each of fiscal years
1984, 1985, 1986, 1987, and 1988. There are authorized to be
appropriated to the Department of Commerce, for purposes of carrying out
such functions and responsibilities as it may have been given under this
subchapter (other than section 1383a(e)(8) of this title), $12,250,000
for fiscal year 1989, $12,740,000 for fiscal year 1990, $13,250,000 for
fiscal year 1991, $13,780,000 for fiscal year 1992, and $14,331,000 for
fiscal year 1993.
(b) Department of the Interior
There are authorized to be appropriated to the Department of the
Interior, for purposes of carrying out such functions and
responsibilities as it may have been given under this subchapter,
$1,600,000 for fiscal year 1982, $1,760,000 for fiscal year 1983,
$2,000,000 for fiscal year 1984, $2,500,000 for fiscal year 1985,
$3,000,000 for each of fiscal years 1986, 1987, 1988, and 1989,
$3,120,000 for fiscal year 1990, $3,240,000 for fiscal year 1991,
$3,370,000 for fiscal year 1992, and $3,500,000 for fiscal year 1993.
(Pub. L. 97-58, 7(a), (b), Oct. 9, 1981, 95 Stat. 987; Pub. L.
98-364, title I, 104(1), (2), July 17, 1984, 98 Stat. 442; Pub. L.
100-711, 6(1), (2), Nov. 23, 1988, 102 Stat. 4771.)
Section was not enacted as part of the Marine Mammal Protection Act
of 1972 which comprises this chapter.
A prior section 1384, Pub. L. 92-522, title I, 116, formerly 114,
Oct. 21, 1972, 86 Stat. 1043; Pub. L. 95-136, 2, Oct. 18, 1977, 91
Stat. 1167; Pub. L. 95-316, 3, July 10, 1978, 92 Stat. 380;
renumbered 116, Pub. L. 100-711, 2(a)(1), Nov. 23, 1988, 102 Stat.
4755, authorized appropriations for the Department of Commerce and for
the Department of the Interior to carry out such functions and
responsibilities as they might have been given under this subchapter
through the fiscal year ending Sept. 30, 1981.
1988 -- Subsec. (a). Pub. L. 100-711, 6(1), inserted provisions
authorizing appropriations for fiscal years 1989, 1990, 1991, 1992, and
1993.
Subsec. (b). Pub. L. 100-711, 6(2), struck out ''and'' after
''fiscal year 1985,'' and substituted ''1988, and 1989, $3,120,000 for
fiscal year 1990, $3,240,000 for fiscal year 1991, $3,370,000 for fiscal
year 1992, and $3,500,000 for fiscal year 1993'' for ''and 1988''.
1984 -- Subsec. (a). Pub. L. 98-364, 104(1), inserted ''(other than
section 1374(h)(3) of this title)'' after ''this subchapter'' and
substituted ''for each of fiscal years 1984, 1985, 1986, 1987, and
1988'' for ''for fiscal year 1984''.
Subsec. (b). Pub. L. 98-364, 104(2), substituted ''$2,000,000 for
fiscal year 1984, $2,500,000 for fiscal year 1985, and $3,000,000 for
each of fiscal years 1986, 1987, and 1988'' for ''and $2,000,000 for
fiscal year 1984''.
16 USC 1385. Dolphin protection
TITLE 16 -- CONSERVATION
(a) Short title
This section may be cited as the ''Dolphin Protection Consumer
Information Act''.
(b) Findings
The Congress finds that --
(1) dolphins and other marine mammals are frequently killed in the
course of tuna fishing operations in the eastern tropical Pacific Ocean
and high seas driftnet fishing in other parts of the world;
(2) it is the policy of the United States to support a worldwide ban
on high seas driftnet fishing, in part because of the harmful effects
that such driftnets have on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they purchase is falsely
labeled as to the effect of the harvesting of the tuna on dolphins.
(c) Definitions
For purposes of this section --
(1) the terms ''driftnet'' and ''driftnet fishing'' have the meanings
given those terms in section 4003 of the Driftnet Impact Monitoring,
Assessment, and Control Act of 1987 (16 U.S.C. 1822 note);
(2) the term ''eastern tropical Pacific Ocean'' means the area of the
Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south
latitude, 160 degrees west longitude, and the western coastlines of
North, Central, and South America;
(3) the term ''label'' means a display of written, printed, or
graphic matter on or affixed to the immediate container of any article;
(4) the term ''Secretary'' means the Secretary of Commerce; and
(5) the term ''tuna product'' means a food item which contains tuna
and which has been processed for retail sale, except perishable
sandwiches, salads, or other products with a shelf life of less than 3
days.
(d) Labeling standard
(1) It is a violation of section 45 of title 15 for any producer,
importer, exporter, distributor, or seller of any tuna product that is
exported from or offered for sale in the United States to include on the
label of that product the term ''Dolphin Safe'' or any other term or
symbol that falsely claims or suggests that the tuna contained in the
product was harvested using a method of fishing that is not harmful to
dolphins if the product contains --
(A) tuna harvested on the high seas by a vessel engaged in driftnet
fishing; or
(B) tuna harvested in the eastern tropical Pacific Ocean by a vessel
using purse seine nets which do not meet the requirements for being
considered dolphin safe under paragraph (2).
(2) For purposes of paragraph (1)(B), a tuna product that contains
tuna harvested in the eastern tropical Pacific Ocean by a fishing vessel
using purse seine nets is dolphin safe if --
(A) the vessel is of a type and size that the Secretary has
determined is not capable of deploying its purse seine nets on or to
encircle dolphin; or
(B)(i) the product is accompanied by a written statement executed by
the captain of the vessel which harvested the tuna certifying that no
tuna were caught on the trip in which such tuna were harvested using a
purse seine net intentionally deployed on or to encircle dolphin;
(ii) the product is accompanied by a written statement executed by --
(I) the Secretary or the Secretary's designee, or
(II) a representative of the Inter-American Tropical Tuna Commission,
which states that there was an approved observer on board the vessel
during the entire trip and that purse seine nets were not intentionally
deployed during the trip on or to encircle dolphin; and
(iii) the statements referred to in clauses (i) and (ii) are endorsed
in writing by each exporter, importer, and processor of the product.
(e) Enforcement
Any person who knowingly and willfully makes a statement or
endorsement described in subsection (d)(2)(B) of this section that is
false is liable for a civil penalty of not to exceed $100,000 assessed
in an action brought in any appropriate district court of the United
States on behalf of the Secretary.
(f) Regulations
The Secretary, in consultation with the Secretary of the Treasury,
shall issue regulations to implement this section not later than 6
months after November 28, 1990, including regulations establishing
procedures and requirements for ensuring that tuna products are labeled
in accordance with subsection (d) of this section.
(g) Omitted
(h) Negotiations
The Secretary of State shall immediately seek, through negotiations
and discussions with appropriate foreign governments, to reduce and, as
soon as possible, eliminate the practice of harvesting tuna through the
use of purse seine nets intentionally deployed to encircle dolphins.
(i) Effective date
Subsections (d) and (e) of this section shall take effect 6 months
after November 28, 1990.
(Pub. L. 101-627, title IX, 901, Nov. 28, 1990, 104 Stat. 4465.)
Section is comprised of section 901 of Pub. L. 101-627. Subsec. (g)
of section 901 of Pub. L. 101-627 amended section 1371 of this title.
Section was not enacted as part of the Marine Mammal Protection Act
of 1972 which comprises this chapter.
16 USC SUBCHAPTER III -- MARINE MAMMAL COMMISSION
TITLE 16 -- CONSERVATION
16 USC 1401. Establishment
TITLE 16 -- CONSERVATION
(a) Designation
There is hereby established the Marine Mammal Commission (hereafter
referred to in this subchapter as the ''Commission'').
(b) Membership and term of office
(1) Effective September 1, 1982, the Commission shall be composed of
three members who shall be appointed by the President, by and with the
advice and consent of the Senate. The President shall make his
selection from a list of individuals knowledgeable in the fields of
marine ecology and resource management, and who are not in a position to
profit from the taking of marine mammals. Such list shall be submitted
to him by the Chairman of the Council on Environmental Quality and
unanimously agreed to by that Chairman, the Secretary of the Smithsonian
Institution, the Director of the National Science Foundation and the
Chairman of the National Academy of Sciences. No member of the
Commission may, during his period of service on the Commission, hold any
other position as an officer or employee of the United States except as
a retired officer or retired civilian employee of the United States.
(2) The term of office for each member shall be three years; except
that of the members initially appointed to the Commission, the term of
one member shall be for one year, the term of one member shall be for
two years, and the term of one member shall be for three years. No
member is eligible for reappointment; except that any member appointed
to fill a vacancy occurring before the expiration of the term for which
his predecessor was appointed (A) shall be appointed for the remainder
of such term, and (B) is eligible for reappointment for one full term.
A member may serve after the expiration of his term until his successor
has taken office.
(c) Chairman
The President shall designate a Chairman of the Commission (hereafter
referred to in this subchapter as the ''Chairman'') from among its
members.
(d) Compensation; reimbursement for travel expenses
Members of the Commission shall each be compensated at a rate equal
to the daily equivalent of the rate for GS-18 of the General Schedule
under section 5332 of title 5, for each day such member is engaged in
the actual performance of duties vested in the Commission. Each member
shall be reimbursed for travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5 for persons in
Government service employed intermittently.
(e) Executive Director
The Commission shall have an Executive Director, who shall be
appointed (without regard to the provisions of title 5 governing
appointments in the competitive service) by the Chairman with the
approval of the Commission and shall be paid at a rate not in excess of
the rate for GS-18 of the General Schedule under section 5332 of title
5. The Executive Director shall have such duties as the Chairman may
assign.
(Pub. L. 92-522, title II, 201, Oct. 21, 1972, 86 Stat. 1043; Pub.
L. 97-389, title II, 202, Dec. 29, 1982, 96 Stat. 1951; Pub. L.
98-364, title I, 103(a), July 17, 1984, 98 Stat. 441.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (e), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
1984 -- Subsec. (b)(1). Pub. L. 98-364 substituted ''The President
shall make his selection from a list of individuals knowledgeable in the
fields of marine ecology and resource management, and who are not in a
position to profit from the taking of marine mammals. Such list shall
be submitted to him by the Chairman of the Council on Environmental
Quality and unanimously agreed to by that Chairman, the Secretary of the
Smithsonian Institution, the Director of the National Science Foundation
and the Chairman of the National Academy of Sciences'' for ''The
President shall make his selection from a list, submitted to him by the
Chairman of the Council on Environmental Quality, the Secretary of the
Smithsonian Institution, the Director of the National Science
Foundation, and the Chairman of the National Academy of Sciences, of
individuals knowledgeable in the fields of marine ecology and resource
management, and who are not in a position to profit from the taking of
marine mammals''.
1982 -- Subsec. (b)(1). Pub. L. 97-389 inserted requirement that,
effective Sept. 1, 1982, the three members of the Commission be
appointed by and with the advice and consent of the Senate.
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 1402. Duties of Commission
TITLE 16 -- CONSERVATION
(a) Reports and recommendations
The Commission shall --
(1) undertake a review and study of the activities of the United
States pursuant to existing laws and international conventions relating
to marine mammals, including, but not limited to, the International
Convention for the Regulation of Whaling, the Whaling Convention Act of
1949 (16 U.S.C. 916 et seq.), the Interim Convention on the Conservation
of North Pacific Fur Seals, and the Fur Seal Act of 1966 (16 U.S.C. 1151
et seq.);
(2) conduct a continuing review of the condition of the stocks of
marine mammals, of methods for their protection and conservation, of
humane means of taking marine mammals, of research programs conducted or
proposed to be conducted under the authority of this chapter, and of all
applications for permits for scientific research, public display, or
enhancing the survival or recovery of a species or stock;
(3) undertake or cause to be undertaken such other studies as it
deems necessary or desirable in connection with its assigned duties as
to the protection and conservation of marine mammals;
(4) recommend to the Secretary and to other Federal officials such
steps as it deems necessary or desirable for the protection and
conservation of marine mammals;
(5) recommend to the Secretary of State appropriate policies
regarding existing international arrangements for the protection and
conservation of marine mammals, and suggest appropriate international
arrangements for the protection and conservation of marine mammals;
(6) recommend to the Secretary such revisions of the endangered
species list and threatened species list published pursuant to section
1533(c)(1) of this title, as may be appropriate with regard to marine
mammals; and
(7) recommend to the Secretary, other appropriate Federal officials,
and Congress such additional measures as it deems necessary or desirable
to further the policies of this chapter, including provisions for the
protection of the Indians, Eskimos, and Aleuts whose livelihood may be
adversely affected by actions taken pursuant to this chapter.
(b) Consultation with Secretary; reports to Secretary before
publication
The Commission shall consult with the Secretary at such intervals as
it or he may deem desirable, and shall provide each annual report
required under section 1404 of this title, before submission to
Congress, to the Secretary for comment.
(c) Availability of reports for public inspection
The reports and recommendations which the Commission makes shall be
matters of public record and shall be available to the public at all
reasonable times. All other activities of the Commission shall be
matters of public record and available to the public in accordance with
the provisions of section 552 of title 5.
(d) Recommendations; explanation for non-adoption
Any recommendations made by the Commission to the Secretary and other
Federal officials shall be responded to by those individuals within one
hundred and twenty days after receipt thereof. Any recommendations
which are not followed or adopted shall be referred to the Commission
together with a detailed explanation of the reasons why those
recommendations were not followed or adopted.
(Pub. L. 92-522, title II, 202, Oct. 21, 1972, 86 Stat. 1044; Pub.
L. 93-205, 13(e)(4), Dec. 28, 1973, 87 Stat. 903; Pub. L. 97-58,
6(1), Oct. 9, 1981, 95 Stat. 987; Pub. L. 100-711, 5(e)(4), Nov. 23,
1988, 102 Stat. 4771.)
The Whaling Convention Act of 1949, referred to in subsec. (a)(1),
is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as amended, which is
classified generally to subchapter II ( 916 et seq.) of chapter 14 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 916 of this title and Tables.
The Fur Seal Act of 1966, referred to in subsec. (a)(1), is Pub. L.
89-702, Nov. 2, 1966, 80 Stat. 1091, as amended, which is classified
generally to chapter 24 ( 1151 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1151 of this title and Tables.
1988 -- Subsec. (a)(2). Pub. L. 100-711 inserted '', public display,
or enhancing the survival or recovery of a species or stock'' after
''scientific research''.
1981 -- Subsec. (b). Pub. L. 97-58 substituted ''provide each annual
report required under section 1404 of this title, before submission to
Congress, to the Secretary for comment'' for ''furnish its reports and
recommendations to him, before publication, for his comment''.
1973 -- Subsec. (a)(6). Pub. L. 93-205 substituted ''such revisions
of the endangered species list and threatened species list published
pursuant to section 1533(c)(1) of this title'' for ''of the Interior
such revisions of the Endangered Species List, authorized by the
Endangered Species Conservation Act of 1969,''.
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.
16 USC 1403. Committee of Scientific Advisors on Marine Mammals
TITLE 16 -- CONSERVATION
(a) Establishment; membership
The Commission shall establish, within ninety days after its
establishment, a Committee of Scientific Advisors on Marine Mammals
(hereafter referred to in this subchapter as the ''Committee''). Such
Committee shall consist of nine scientists knowledgeable in marine
ecology and marine mammal affairs appointed by the Chairman after
consultation with the Chairman of the Council on Environmental Quality,
the Secretary of the Smithsonian Institution, the Director of the
National Science Foundation, and the Chairman of the National Academy of
Sciences.
(b) Compensation; reimbursement for travel expenses
Except for United States Government employees, members of the
Committee shall each be compensated at a rate equal to the daily
equivalent of the rate for GS-18 of the General Schedule under section
5332 of title 5, for each day such member is engaged in the actual
performance of duties vested in the Committee. Each member shall be
reimbursed for travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5 for persons in
Government service employed intermittently.
(c) Consultation with Commission on studies and recommendations;
explanation for non-adoption
The Commission shall consult with the Committee on all studies and
recommendations which it may propose to make or has made, on research
programs conducted or proposed to be conducted under the authority of
this chapter, and on all applications for permits for scientific
research. Any recommendations made by the Committee or any of its
members which are not adopted by the Commission shall be transmitted by
the Commission to the appropriate Federal agency and to the appropriate
committees of Congress with a detailed explanation of the Commission's
reasons for not accepting such recommendations.
(Pub. L. 92-522, title II, 203, Oct. 21, 1972, 86 Stat. 1044.)
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 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.
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 1404. Reports
TITLE 16 -- CONSERVATION
The Commission shall transmit to Congress, by January 31 of each
year, a report which shall include --
(1) a description of the activities and accomplishments of the
Commission during the immediately preceding year; and
(2) all the findings and recommendations made by and to the
Commission pursuant to section 1402 of this title together with the
responses made to these recommendations.
(Pub. L. 92-522, title II, 204, Oct. 21, 1972, 86 Stat. 1045.)
16 USC 1405. Coordination with other Federal agencies
TITLE 16 -- CONSERVATION
The Commission shall have access to all studies and data compiled by
Federal agencies regarding marine mammals. With the consent of the
appropriate Secretary or Agency head, the Commission may also utilize
the facilities or services of any Federal agency and shall take every
feasible step to avoid duplication of research and to carry out the
purposes of this chapter.
(Pub. L. 92-522, title II, 205, Oct. 21, 1972, 86 Stat. 1045.)
16 USC 1406. Administration
TITLE 16 -- CONSERVATION
The Commission, in carrying out its responsibilities under this
subchapter, may --
(1) employ and fix the compensation of such personnel;
(2) acquire, furnish, and equip such office space;
(3) enter into such contracts or agreements with, or provide such
grants to, other organizations, both public and private;
(4) procure the services of such experts or consultants or an
organization thereof as is authorized under section 3109 of title 5 (but
at rates for individuals not to exceed $100 per diem); and
(5) incur such necessary expenses and exercise such other powers, as
are consistent with and reasonably required to perform its functions
under this subchapter; except that no fewer than 11 employees must be
employed under paragraph (1) at any time. Financial and administrative
services (including those related to budgeting, accounting, financial
reporting, personnel, and procurement) shall be provided the Commission
by the General Services Administration, for which payment shall be made
in advance, or by reimbursement from funds of the Commission in such
amounts as may be agreed upon by the Chairman and the Administrator of
General Services.
(Pub. L. 92-522, title II, 206, Oct. 21, 1972, 86 Stat. 1045; Pub.
L. 97-58, 6(2), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98-364, title I,
103(b), July 17, 1984, 98 Stat. 442.)
1984 -- Par. (5). Pub. L. 98-364 inserted ''; except that no fewer
than 11 employees must be employed under paragraph (1) at any time'' at
end.
1981 -- Par. (3). Pub. L. 97-58 substituted ''contracts or
agreements with, or provide such grants to, other organizations'' for
''contracts or agreements with other organizations''.
16 USC 1407. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated to the Marine Mammal
Commission, for purposes of carrying out this subchapter, $672,000 for
fiscal year 1982, $1,000,000 for fiscal year 1983, $1,100,000 for each
of fiscal years 1984, 1985, 1986, 1987, 1988, and 1989, $1,140,000 for
fiscal year 1990, $1,190,000 for fiscal year 1991, $1,230,000 for fiscal
year 1992, and $1,280,000 for fiscal year 1993.
(Pub. L. 97-58, 7(c), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98-364,
title I, 104(3), July 17, 1984, 98 Stat. 442; Pub. L. 100-711, 6(3),
Nov. 23, 1988, 102 Stat. 4771.)
Section was not enacted as part of the Marine Mammal Protection Act
of 1972 which comprises this chapter.
A prior section 1407, Pub. L. 92-522, title II, 207, Oct. 21,
1972, 86 Stat. 1046; Pub. L. 95-136, 3, Oct. 18, 1977, 91 Stat.
1167; Pub. L. 95-316, 4, July 10, 1978, 92 Stat. 381, authorized
appropriations to carry out this subchapter through the fiscal year
ending Sept. 30, 1981.
1988 -- Pub. L. 100-711 struck out ''and'' after ''fiscal year
1983,'' and substituted ''1988, and 1989, $1,140,000 for fiscal year
1990, $1,190,000 for fiscal year 1991, $1,230,000 for fiscal year 1992,
and $1,280,000 for fiscal year 1993'' for ''and 1988''.
1984 -- Pub. L. 98-364 substituted ''for each of fiscal years 1984,
1985, 1986, 1987, and 1988'' for ''for fiscal year 1984''.
16 USC SUBCHAPTER IV -- GLOBAL MORATORIUM TO PROHIBIT CERTAIN TUNA
HARVESTING PRACTICES
TITLE 16 -- CONSERVATION
Subchapter is comprised of title III of Pub. L. 92-522, as added by
Pub. L. 102-523. Another title III of Pub. L. 92-522, as added by Pub.
L. 102-587, title III, 3003(a), Nov. 4, 1992, 106 Stat. 5060, is
classified to subchapter V ( 1421 et seq.) of this chapter.
16 USC 1411. Findings and policy
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds the following:
(1) The yellowfin tuna fishery of the eastern tropical Pacific Ocean
has resulted in the deaths of millions of dolphins.
(2) Significant awareness and increased concern for the health and
safety of dolphin populations has encouraged a change in fishing methods
worldwide.
(3) United States tuna fishing vessels have led the world in the
development of fishing methods to reduce dolphin mortalities in the
eastern tropical Pacific Ocean and United States tuna processing
companies have voluntarily promoted the marketing of tuna that is
dolphin safe.
(4) Nations harvesting yellowfin tuna in the eastern tropical Pacific
Ocean have indicated their willingness to participate in appropriate
multilateral agreements to reduce, and eventually eliminate, dolphin
mortality in that fishery.
(b) Policy
It is the policy of the United States to --
(1) eliminate the marine mammal mortality resulting from the
intentional encirclement of dolphins and other marine mammals in tuna
purse seine fisheries;
(2) secure appropriate multilateral agreements to reduce, and
eventually eliminate, the mortality referred to in paragraph (1);
(3) ensure that the market of the United States does not act as an
incentive to the harvest of tuna caught in association with dolphins or
with driftnets;
(4) secure appropriate multilateral agreements to ensure that United
States tuna fishing vessels shall have continued access to productive
tuna fishing grounds in the South Pacific Ocean and elsewhere; and
(5) encourage observer coverage on purse seine vessels fishing for
tuna outside of the eastern tropical Pacific Ocean in a fishery in which
the Secretary has determined that a regular and significant association
occurs between marine mammals and tuna, and in which tuna is harvested
through the use of purse seine nets deployed on or to encircle marine
mammals.
(Pub. L. 92-522, title III, 301, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3425.)
Another section 301 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421 of this title.
16 USC 1412. International agreements to establish global moratorium
to prohibit certain tuna harvesting practices
TITLE 16 -- CONSERVATION
(a) In general
The Secretary of State, in consultation with the Secretary, may enter
into international agreements which establish, in accordance with this
subchapter, a global moratorium of at least 5 years duration to prohibit
harvesting tuna through the use of purse seine nets deployed on or to
encircle dolphins or other marine mammals.
(b) Terms of agreement
Any agreement entered into under this section shall --
(1) establish a moratorium described in subsection (a) of this
section which takes effect on March 1, 1994;
(2) include an international research program and, notwithstanding
the moratorium, authorize harvesting of tuna under that program;
(3) provide for reviews and reports in accordance with section 1414
of this title on results of research conducted under the research
program;
(4) require each country that is a party to the agreement to take all
the necessary and appropriate steps to ensure compliance with the
moratorium; and
(5) encourage each country that is a party to the agreement to seek,
through bilateral and multilateral negotiations, to encourage other
countries that participate in fisheries to which the agreement applies
to become parties to the agreement.
(c) Compliance by United States with moratorium
The moratorium authorized under subsection (a) of this section may be
terminated prior to December 31, 1999, with respect to the United States
for the harvesting of tuna in the eastern tropical Pacific Ocean only if
--
(1) the Secretary submits to the Congress in accordance with section
1414(b) of this title a recommendation that the moratorium be
terminated; and
(2) the recommendation is approved by enactment of a joint resolution
of approval.
(Pub. L. 92-522, title III, 302, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3426.)
Another section 302 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421a of this title.
16 USC 1413. Research programs
TITLE 16 -- CONSERVATION
(a) In general
An agreement entered into under section 1412 of this title shall --
(1) establish an international research program to develop methods of
fishing for large yellowfin tuna --
(A) without setting nets on dolphins or other marine mammals; or
(B) by setting nets on dolphins or other marine mammals with zero
set-caused mortality;
(2) require that proposals for research under the program be reviewed
and authorized by a competent regional organization;
(3) require that research under the program be conducted by dedicated
vessels that --
(A) are authorized to conduct that research by a competent regional
organization; and
(B) have on board in accordance with section 1415(a)(2) of this title
an observer who is responsible to, and supervised by, a competent
regional organization.
(b) Limitations on dolphin mortality
For the eastern tropical Pacific Ocean, an agreement entered into
under section 1412 of this title shall require that --
(1) the total number of research sets on dolphins conducted pursuant
to this section during the period beginning March 1, 1994, and ending
December 31, 1999, shall not exceed 400 annually, and that the total
annual dolphin mortality shall not exceed 1,000;
(2) the Inter-American Tropical Tuna Commission shall establish a
panel to review and report on the compliance of the international
yellowfin tuna fishery fleet with the limits established in paragraph
(1) and make recommendations as appropriate; and
(3) the Inter-American Tropical Tuna Commission shall establish an
Advisory Board of technical specialists from the international
communities of scientists, government agencies, environmental groups,
and the fishing industry, to assist that commission in efforts to
coordinate, facilitate, and guide research.
(c) Funding
(1) In general
An agreement entered into under section 1412 of this title shall
establish fair and equitable mechanisms for funding research conducted
pursuant to this section.
(2) Proceeds of research harvests
An agreement entered into under section 1412 of this title shall
provide that the proceeds of any tuna harvested for the purpose of
research conducted pursuant to this section should, to the extent
possible, be used for funding research conducted pursuant to this
section.
(3) Limitation on use of United States funding
Funding provided by the United States for research shall be used only
for the purpose of developing methods of fishing for large yellowfin
tuna that do not involve intentionally encircling dolphins or other
marine mammals.
(d) Review of research proposals
The Marine Mammal Commission established under section 1401 of this
title shall --
(1) review all research proposals submitted to the Inter-American
Tropical Tuna Commission; and
(2) recommend an appropriate response to each of those proposals, to
the United States Commissioners on the Inter-American Tropical Tuna
Commission.
(Pub. L. 92-522, title III, 303, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3426.)
Another section 303 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421b of this title.
16 USC 1414. Reviews, reports, and recommendations
TITLE 16 -- CONSERVATION
(a) Reports by Secretary
The Secretary shall submit annual reports to the Congress which
include --
(1) results of research conducted pursuant to section 1413 of this
title;
(2) a description of the status of stocks of yellowfin tuna;
(3) an assessment of the economic impacts on the tuna industry and
consumers caused by the moratorium established by agreements entered
into under section 1412 of this title;
(4) an assessment of the effectiveness of the moratorium in
protecting dolphin populations in the eastern tropical Pacific Ocean;
(5) results of reviews conducted under section 1415(c) of this title;
(6) copies of any international agreements or undertakings authorized
by or related to this subchapter;
(7) an assessment of the impact on fishery resources, other than
yellowfin tuna, of methods of fishing for large yellowfin tuna in the
eastern tropical Pacific Ocean that do not involve the intentional
encirclement of dolphins; and
(8) any other relevant information.
(b) Recommendations of Secretary
If a competent regional organization under the auspices of which
research is conducted pursuant to section 1413 of this title, or any
country which participates in such an organization, submits to the
United States a recommendation that a moratorium established by
agreements entered into under section 1412 of this title should be
terminated prior to December 31, 1999, the Secretary shall --
(1) review the information on which the recommendation is based;
(2) consult with relevant Federal agencies, including the Marine
Mammal Commission, and other interested persons; and
(3) submit to the Congress a recommendation regarding the termination
of the moratorium.
(Pub. L. 92-522, title III, 304, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3428.)
Another section 304 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421c of this title.
16 USC 1415. International commitments
TITLE 16 -- CONSERVATION
(a) Limitation on application of ban on imports
Except as provided in subsection (b) of this section, the Secretary
of the Treasury shall not, under section 1371(a)(2)(A) and (B) of this
title, ban the importation of yellowfin tuna or yellowfin tuna products
from a country that transmits to the Secretary of State a formal
communication in which the country commits to --
(1) implement a moratorium of at least 5 years duration beginning
March 1, 1994, on the practice of harvesting tuna through the use of
purse seine nets deployed on or to encircle dolphins or other marine
mammals unless the moratorium is terminated in accordance with section
1412(c) of this title;
(2) require an observer on each vessel of the country larger than 400
short tons carrying capacity which engages in purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean, and ensure that at
least 50 percent of all such observers are responsible to, and
supervised by, a competent regional organization;
(3) reduce the dolphin mortality resulting from purse seine net
operations conducted by vessels of the country in 1992 to a level that
is lower than such mortality in 1991 by a statistically significant
margin; and
(4) reduce the dolphin mortality resulting from purse seine net
operations conducted by vessels of the country in the period beginning
January 1, 1993, and ending February 28, 1994, to a level that is lower
than such mortality in 1992 by a statistically significant margin.
(b) Subsequent bans on fish and fish product imports for failure to
comply with commitments
(1) Ban on imports of yellowfin tuna and yellowfin tuna products
The Secretary, in consultation with the Secretary of State, shall
periodically determine whether each country which has transmitted a
formal communication expressing the commitments described in subsection
(a) of this section is fully implementing those commitments. If the
Secretary determines that any such country is not implementing those
commitments --
(A) the Secretary shall notify the President and the Congress of that
determination; and
(B) 15 days after such notification, the Secretary of the Treasury
shall ban the importation from that country of all yellowfin tuna and
yellowfin tuna products.
(2) Ban on imports of other fish and fish products
(A) In general
If --
(i) a country does not, within 60 days after the establishment with
respect to that country of a ban on importation under paragraph (1)(B),
certify and provide reasonable proof to the Secretary that the country
has fully implemented the commitment described in subsection (a)(1) of
this section or has taken the necessary actions to remedy its failure to
comply with the commitments described in subsection (a)(2), (3), and (4)
of this section; and
(ii) the Secretary does not, before the end of that 60-day period,
certify to the President that the country has provided such
certification and proof;
the President shall direct the Secretary of the Treasury to ban the
importation from that country of all articles (other than those subject
to an importation ban under paragraph (1)(B)) that are classified under
one or more of those fish and fish product categories that the
President, subject to subparagraph (B), considers appropriate to carry
out this paragraph.
(B) Ban criteria
The one or more fish and fish product categories to which the
President imposes an import ban under subparagraph (A) with respect to a
country must be a fish and fish product category or categories with
respect to which the articles classified thereunder and imported from
that country in the base year had an aggregate customs valuation equal
to 40 percent of the aggregate customs valuation of all articles
classified under all fish and fish product categories that were imported
from that country during the base year.
(C) ''Base year'' defined
For purposes of subparagraph (B), the term ''base year'' means the
calendar year immediately occurring before the calendar year in which
the import ban under subparagraph (A) commences with respect to the
country.
(3) Duration of import bans
Bans on importation imposed under paragraphs (1) and (2) with respect
to a country shall continue in effect until the Secretary determines
that the country is implementing the commitments described in subsection
(a) of this section.
(4) Implementation of import bans
The Secretary of the Treasury shall take such action as may be
necessary or appropriate to implement importation bans imposed under
paragraphs (1) and (2).
(c) Reviews and reports
The Secretary, in consultation with the Secretary of State, shall --
(1) periodically review the activities of countries which have
transmitted to the Secretary of State formal communications expressing
the commitments described in subsection (a) of this section, to
determine whether those countries are complying with those commitments;
and
(2) include the results of those reviews in annual reports submitted
to the Congress pursuant to section 1414(a) of this title.
(Pub. L. 92-522, title III, 305, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3428.)
Another section 305 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421d of this title.
16 USC 1416. Permits for taking dolphins
TITLE 16 -- CONSERVATION
(a) Additional restrictions under general permit
Notwithstanding section 1374(h) of this title, the general permit
issued to the American Tunaboat Association on December 1, 1980, shall
be subject to the following additional restrictions:
(1) Total dolphin mortalities (including mortalities resulting from
research) authorized by the permit shall not exceed 1,000 during the
period beginning January 1, 1992, and ending December 31, 1992, and 800
during the period beginning January 1, 1993, and ending March 1, 1994.
(2) No purse seine net may be deployed under the permit on or to
encircle any school of dolphins in which any eastern spinner dolphin
(Stenella longirostris) or coastal spotted dolphin (Stenella attenuata)
is observed prior to release of the net skiff.
(3) The permit shall expire March 1, 1994, unless no major purse
seine tuna fishing country enters into an agreement with the Secretary
in accordance with section 1412 of this title before that date
(notwithstanding any agreement under that section with a country that is
not a major purse seine tuna fishing country).
(4) If no major purse seine tuna fishing country enters into an
agreement with the Secretary in accordance with section 1412 of this
title before March 1, 1994, and notwithstanding any agreement under that
section with a country that is not a major purse seine tuna fishing
country --
(A) the total dolphin mortalities authorized by the permit for each
year after 1992, including mortalities caused by research, shall not
exceed the number of dolphin mortalities which occurred under the permit
during the preceding year;
(B) the total dolphin mortalities occurring under the permit each
year shall continue to be reduced by statistically significant amounts
each year to levels approaching zero by December 31, 1999;
(C) the permit shall be subject to any additional restrictions that
the Secretary considers appropriate; and
(D) the permit shall expire December 31, 1999.
(b) Permits required for taking dolphins for research purposes
An agreement entered into under section 1412 of this title shall not
supersede or be interpreted to supersede any provision of this chapter
under which a permit under this chapter is required for activities
conducted pursuant to this subchapter.
(c) ''Major purse seine tuna fishing country'' defined
For purposes of this section, the term ''major purse seine tuna
fishing country'' means a country which on October 26, 1992, has an
active purse seine tuna fishing fleet of 20 or more vessels.
(Pub. L. 92-522, title III, 306, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3430.)
Another section 306 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421e of this title.
16 USC 1417. Prohibitions
TITLE 16 -- CONSERVATION
(a) In general
It is unlawful --
(1) for any person, after June 1, 1994, to sell, purchase, offer for
sale, transport, or ship, in the United States, any tuna or tuna product
that is not dolphin safe;
(2) for any person or vessel that is subject to the jurisdiction of
the United States, intentionally to set a purse seine net on or to
encircle any marine mammal during any tuna fishing operation after
February 28, 1994, except --
(A) as necessary for scientific research approved by the
Inter-American Tropical Tuna Commission;
(B) in accordance with a recommendation that is approved under
section 1412(c)(2) of this title; or
(C) as authorized by the general permit issued to the American
Tunaboat Association on December 1, 1980 (including any additional
restrictions applicable under section 1416(a) of this title),
notwithstanding any agreement under section 1412 of this title with a
country that is not a major purse seine tuna fishing country (as that
term is defined in section 1416(c) of this title);
(3) for any person to import any yellowfin tuna or yellowfin tuna
product or any other fish or fish product in violation of a ban on
importation imposed under section 1415(b)(1) or (2) of this title;
(4) for any person to violate any regulation promulgated under this
subchapter;
(5) for any person to refuse to permit any duly authorized officer to
board a vessel subject to that person's control for purposes of
conducting any search or inspection in connection with the enforcement
of this subchapter; and
(6) for any person to assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of any search
or inspection described in paragraph (5).
(b) Penalties
(1) Civil penalty
A person that knowingly and willfully violates subsection (a)(1),
(2), (3), (4), or (5) of this section shall be subject to a civil
penalty under section 1375(a) of this title.
(2) Criminal penalty
A person that knowingly and willfully violates subsection (a)(6) of
this section shall be subject to a criminal penalty under section
1375(b) of this title.
(c) Civil forfeitures
Any vessel (including its fishing gear, appurtenances, stores, and
cargo) used, and any fish (or its fair market value) taken or retained,
in any manner, in connection with or as a result of the commission of
any act prohibited by this section shall be subject to forfeiture to the
United States in the manner provided in section 1860 of this title.
(d) Dolphin safe tuna
For purposes of this section, tuna or a tuna product is dolphin safe
if --
(1) it does not contain tuna that was harvested on the high seas by a
vessel engaged in driftnet fishing, as that term is defined in section
4003 of the Driftnet Impact, Monitoring, Assessment, and Control Act of
1987;
(2) in the case of tuna or a tuna product that contains tuna
harvested in the eastern tropical Pacific Ocean, it is dolphin safe
under subsection (d)(2) of section 1385 of this title;
(3) in the case of tuna or a tuna product that contains tuna
harvested outside the eastern tropical Pacific Ocean by a purse seine
vessel, it is accompanied by a written statement executed by the captain
of the vessel certifying that no purse seine net was intentionally
deployed on or to encircle dolphins during the particular voyage on
which the tuna was harvested; and
(4) in the case of tuna or a product that contains tuna harvested
outside the eastern tropical Pacific Ocean by a purse seine vessel in a
fishery in which the Secretary has determined that a regular and
significant association occurs between marine mammals and tuna, and in
which tuna is harvested through the use of purse seine nets deployed on
or to encircle marine mammals, it is accompanied by a written statement
executed by the captain of the vessel and by an observer, certifying
that no purse seine net was intentionally deployed on or to encircle
marine mammals during the particular voyage on which the tuna was
harvested.
(Pub. L. 92-522, title III, 307, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3431.)
Section 4003 of the Driftnet Impact, Monitoring, Assessment, and
Control Act of 1987, referred to in subsec. (d)(1), is section 4003 of
Pub. L. 100-220, which is set out as a note under section 1822 of this
title.
Another section 307 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421f of this title.
16 USC 1418. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated to the National Marine
Fisheries Service for carrying out section 1413 of this title,
$3,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 1997,
and 1998.
(Pub. L. 92-522, title III, 308, as added Pub. L. 102-523, 2(a),
Oct. 26, 1992, 106 Stat. 3432.)
Another section 308 of Pub. L. 92-522 was enacted by Pub. L.
102-587 and is classified to section 1421g of this title.
16 USC SUBCHAPTER V -- MARINE MAMMAL HEALTH AND STRANDING RESPONSE
TITLE 16 -- CONSERVATION
Subchapter is comprised of title III of Pub. L. 92-522, as added by
Pub. L. 102-587. Another title III of Pub. L. 92-522, as added by Pub.
L. 102-523, 2(a), Oct. 26, 1992, 106 Stat. 3425, is classified to
subchapter IV ( 1411 et seq.) of this chapter.
16 USC 1421. Establishment of Program
TITLE 16 -- CONSERVATION
(a) Establishment
The Secretary shall, in consultation with the Secretary of the
Interior, the Marine Mammal Commission, and individuals with knowledge
and experience in marine science, marine mammal science, marine mammal
veterinary and husbandry practices, and marine conservation, including
stranding network participants, establish a program to be known as the
''Marine Mammal Health and Stranding Response Program''.
(b) Purposes
The purposes of the Program shall be to --
(1) facilitate the collection and dissemination of reference data on
the health of marine mammals and health trends of marine mammal
populations in the wild;
(2) correlate the health of marine mammals and marine mammal
populations, in the wild, with available data on physical, chemical, and
biological environmental parameters; and
(3) coordinate effective responses to unusual mortality events by
establishing a process in the Department of Commerce in accordance with
section 1421c of this title.
(Pub. L. 92-522, title III, 301, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5060.)
Another section 301 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1411 of this title.
Section 3002 of Pub. L. 102-587 provided that: ''The Congress finds
the following:
''(1) Current stranding network participants have performed an
undeniably valuable and ceaseless job of responding to marine mammal
strandings over the last 15 years.
''(2) Insufficient understanding of the connection between marine
mammal health and the physical, chemical, and biological parameters of
their environment prevents an adequate understanding of the causes of
marine mammal unusual mortality events.
''(3) An accurate assessment of marine mammal health, health trends
in marine mammal populations in the wild, and causes of marine mammal
unusual mortality events cannot be made without adequate reference data
on marine mammals and the environment in which they live.
''(4) A systematic assessment of the sources, presence, levels, and
effects of potentially harmful contaminants on marine mammals would
provide a better understanding of some of the causes of marine mammal
unusual mortality events and may serve as an indicator of the general
health of our coastal and marine environments.
''(5) Responses to marine mammal unusual mortality events are often
uncoordinated, due to the lack of sufficient contingency planning.
''(6) Standardized methods for the reporting of dying, dead, or
otherwise incapacitated marine mammals in the wild would greatly assist
in the determination of the causes of marine mammal unusual mortality
events and enhance general knowledge of marine mammal species.
''(7) A formal system for collection, preparation, and archiving of,
and providing access to, marine mammal tissues will enhance efforts to
investigate the health of marine mammals and health trends of marine
mammal populations, and to develop reference data.
''(8) Information on marine mammals, including results of analyses of
marine mammal tissues, should be broadly available to the scientific
community, including stranding network participants, through a marine
mammal data base.''
16 USC 1421a. Determination; data collection and dissemination
TITLE 16 -- CONSERVATION
(a) Determination for release
The Secretary shall, in consultation with the Secretary of the
Interior, the Marine Mammal Commission, and individuals with knowledge
and experience in marine science, marine mammal science, marine mammal
veterinary and husbandry practices, and marine conservation, including
stranding network participants, develop objective criteria, after an
opportunity for public review and comment, to provide guidance for
determining at what point a rehabilitated marine mammal is releasable to
the wild.
(b) Collection
The Secretary shall, in consultation with the Secretary of the
Interior, collect and update, periodically, existing information on --
(1) procedures and practices for --
(A) rescuing and rehabilitating stranded marine mammals, including
criteria used by stranding network participants, on a species-by-species
basis, for determining at what point a marine mammal undergoing rescue
and rehabilitation is returnable to the wild; and
(B) collecting, preserving, labeling, and transporting marine mammal
tissues for physical, chemical, and biological analyses;
(2) appropriate scientific literature on marine mammal health,
disease, and rehabilitation;
(3) strandings, which the Secretary shall compile and analyze, by
region, to monitor species, numbers, conditions, and causes of illnesses
and deaths of stranded marine mammals; and
(4) other life history and reference level data, including marine
mammal tissue analyses, that would allow comparison of the causes of
illness and deaths in stranded marine mammals with physical, chemical,
and biological environmental parameters.
(c) Availability
The Secretary shall make information collected under this section
available to stranding network participants and other qualified
scientists.
(Pub. L. 92-522, title III, 302, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5061.)
Another section 302 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1412 of this title.
Section 3003(b) of Pub. L. 102-587 provided that: ''The Secretary
of Commerce shall --
''(1) in accordance with section 302(a) and (b) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421a(a), (b)), as amended by this
Act, and not later than 24 months after the date of enactment of this
Act (Nov. 4, 1992) --
''(A) develop and implement objective criteria to determine at what
point a marine mammal undergoing rehabilitation is returnable to the
wild; and
''(B) collect and make available information on marine mammal health
and health trends; and
''(2) in accordance with section 304(b) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421c(b)), as amended by this Act,
issue a detailed contingency plan for responding to any unusual
mortality event --
''(A) in proposed form by not later than 18 months after the date of
enactment of this Act; and
''(B) in final form by not later than 24 months after the date of
enactment of this Act.''
16 USC 1421b. Stranding response agreements
TITLE 16 -- CONSERVATION
(a) In general
The Secretary may enter into an agreement under section 1382(c) of
this title with any person to take marine mammals under section
1379(h)(1) of this title in response to a stranding.
(b) Required provision
An agreement authorized by subsection (a) of this section shall --
(1) specify each person who is authorized to perform activities under
the agreement; and
(2) specify any terms and conditions under which a person so
specified may delegate that authority to another person.
(c) Review
The Secretary shall periodically review agreements under section
1382(c) of this title that are entered into pursuant to this subchapter,
for performance adequacy and effectiveness.
(Pub. L. 92-522, title III, 303, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5061.)
Another section 303 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1413 of this title.
16 USC 1421c. Unusual mortality event response
TITLE 16 -- CONSERVATION
(a) Response
(1) Working group
(A) The Secretary, acting through the Office, shall establish, in
consultation with the Secretary of the Interior, a marine mammal unusual
mortality event working group, consisting of individuals with knowledge
and experience in marine science, marine mammal science, marine mammal
veterinary and husbandry practices, marine conservation, and medical
science, to provide guidance to the Secretary and the Secretary of the
Interior for --
(i) determining whether an unusual mortality event is occurring;
(ii) determining, after an unusual mortality event has begun, if
response actions with respect to that event are no longer necessary;
and
(iii) developing the contingency plan in accordance with subsection
(b) of this section, to assist the Secretary in responding to unusual
mortality events.
(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall not
apply to the marine mammal unusual mortality event working group
established under this paragraph.
(2) Response timing
The Secretary, in consultation with the Secretary of the Interior,
shall to the extent necessary and practicable --
(A) within 24 hours after receiving notification from a stranding
network participant that an unusual mortality event might be occurring,
contact as many members as is possible of the unusual mortality event
working group for guidance; and
(B) within 48 hours after receiving such notification --
(i) make a determination as to whether an unusual mortality event is
occurring;
(ii) inform the stranding network participant of that determination;
and
(iii) if the Secretary has determined an unusual mortality event is
occurring, designate an Onsite Coordinator for the event, in accordance
with subsection (c) of this section.
(b) Contingency plan
(1) In general
The Secretary shall, in consultation with the Secretary of the
Interior and the unusual mortality event working group, and after an
opportunity for public review and comment, issue a detailed contingency
plan for responding to any unusual mortality event.
(2) Contents
The contingency plan required under this subsection shall include --
(A) a list of persons, including stranding network participants, at a
regional, State, and local level, who can assist the Secretary in
implementing a coordinated and effective response to an unusual
mortality event;
(B) the types of marine mammal tissues and analyses necessary to
assist in diagnosing causes of unusual mortality events;
(C) training, mobilization, and utilization procedures for available
personnel, facilities, and other resources necessary to conduct a rapid
and effective response to unusual mortality events; and
(D) such requirements as are necessary to --
(i) minimize death of marine mammals in the wild and provide
appropriate care of marine mammals during an unusual mortality event;
(ii) assist in identifying the cause or causes of an unusual
mortality event;
(iii) determine the effects of an unusual mortality event on the size
estimates of the affected populations of marine mammals; and
(iv) identify any roles played in an unusual mortality event by
physical, chemical, and biological factors, including contaminants.
(c) Onsite coordinators
(1) Designation
(A) The Secretary shall, in consultation with the Secretary of the
Interior, designate one or more Onsite Coordinators for an unusual
mortality event, who shall make immediate recommendations to the
stranding network participants on how to proceed with response
activities.
(B) An Onsite Coordinator so designated shall be one or more
appropriate Regional Directors of the National Marine Fisheries Service
or the United States Fish and Wildlife Service, or their designees.
(C) If, because of the wide geographic distribution, multiple species
of marine mammals involved, or magnitude of an unusual mortality event,
more than one Onsite Coordinator is designated, the Secretary shall, in
consultation with the Secretary of the Interior, designate which of the
Onsite Coordinators shall have primary responsibility with respect to
the event.
(2) Functions
(A) An Onsite Coordinator designated under this subsection shall
coordinate and direct the activities of all persons responding to an
unusual mortality event in accordance with the contingency plan issued
under subsection (b) of this section, except that --
(i) with respect to any matter that is not covered by the contingency
plan, an Onsite Coordinator shall use his or her best professional
judgment; and
(ii) the contingency plan may be temporarily modified by an Onsite
Coordinator, consulting as expeditiously as possible with the Secretary,
the Secretary of the Interior, and the unusual mortality event working
group.
(B) An Onsite Coordinator may delegate to any qualified person
authority to act as an Onsite Coordinator under this subchapter.
(Pub. L. 92-522, title III, 304, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5062.)
The Federal Advisory Committee Act, referred to in subsec.
(a)(1)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
Another section 304 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1414 of this title.
16 USC 1421d. Unusual mortality event activity funding
TITLE 16 -- CONSERVATION
(a) Establishment of Fund
There is established in the Treasury a fund to be known as the
''Marine Mammal Unusual Mortality Event Fund'', which shall consist of
amounts deposited into the Fund under subsection (c) of this section.
(b) Uses
(1) In general
Amounts in the Fund --
(A) shall be available only for use by the Secretary, in consultation
with the Secretary of the Interior --
(i) to compensate persons for special costs incurred in acting in
accordance with the contingency plan issued under section 1421c(b) of
this title or under the direction of an Onsite Coordinator for an
unusual mortality event; and
(ii) for reimbursing any stranding network participant for costs
incurred in preparing and transporting tissues collected with respect to
an unusual mortality event for the Tissue Bank; and
(B) shall remain available until expended.
(2) Pending claims
If sufficient amounts are not available in the Fund to satisfy any
authorized pending claim, such claim shall remain pending until such
time as sufficient amounts are available. All authorized pending claims
shall be satisfied in the order received.
(c) Deposits into Fund
There shall be deposited into the Fund --
(1) amounts appropriated to the Fund;
(2) other amounts appropriated to the Secretary for use with respect
to unusual mortality events; and
(3) amounts received by the United States in the form of gifts,
devises, and bequests under subsection (d) of this section.
(d) Acceptance of donations
For purposes of carrying out this subchapter, the Secretary may
accept, solicit, and use the services of volunteers, and may accept,
solicit, receive, hold, administer, and use gifts, devises, and
bequests.
(Pub. L. 92-522, title III, 305, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5064.)
Another section 305 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1415 of this title.
16 USC 1421e. Liability
TITLE 16 -- CONSERVATION
(a) In general
A person who is authorized to respond to a stranding pursuant to an
agreement entered into under section 1382(c) of this title is deemed to
be an employee of the government for purposes of chapter 171 of title
28, with respect to actions of the person that are --
(1) in accordance with the agreement; and
(2) in the case of an unusual mortality event, in accordance with --
(A) the contingency plan issued under section 1421c(b) of this title;
(B) the instructions of an Onsite Coordinator designated under
section 1421c(c) of this title; or
(C) the best professional judgment of an Onsite Coordinator, in the
case of any matter that is not covered by the contingency plan.
(b) Limitation
Subsection (a) of this section does not apply to actions of a person
described in that subsection that are grossly negligent or that
constitute willful misconduct.
(Pub. L. 92-522, title III, 306, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5064.)
Another section 306 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1416 of this title.
16 USC 1421f. National Marine Mammal Tissue Bank and tissue analysis
TITLE 16 -- CONSERVATION
(a) Tissue Bank
(1) In general
The Secretary shall make provision for the storage, preparation,
examination, and archiving of marine mammal tissues. Tissues archived
pursuant to this subsection shall be known as the ''National Marine
Mammal Tissue Bank''.
(2) Guidance for marine mammal tissue collection, preparation, and
archiving
The Secretary shall, in consultation with individuals with knowledge
and expertise in marine science, marine mammal science, marine mammal
veterinary and husbandry practices, and marine conservation, issue
guidance, after an opportunity for public review and comment, for marine
mammal tissue collection, preparation, archiving, and quality control
procedures, regarding --
(A) appropriate and uniform methods and standards for those
activities to provide confidence in marine mammal tissue samples used
for research; and
(B) documentation of procedures used for collecting, preparing, and
archiving those samples.
(3) Source of tissue
In addition to tissues taken during marine mammal unusual mortality
events, the Tissue Bank shall incorporate tissue samples taken from
other sources in the wild, including --
(A) samples from marine mammals taken incidental to commercial
fishing operations;
(B) samples from marine mammals taken for subsistence purposes;
(C) biopsy samples; and
(D) any other samples properly collected.
(b) Tissue analysis
The Secretary shall, in consultation with the Marine Mammal
Commission, the Secretary of the Interior, and individuals with
knowledge and experience in marine science, marine mammal science,
marine mammal veterinary and husbandry practices, and marine
conservation, issue guidance, after an opportunity for public review and
comment, for analyzing tissue samples (by use of the most effective and
advanced diagnostic technologies and tools practicable) as a means to
monitor and measure overall health trends in representative species or
populations of marine mammals, including --
(1) the levels of, and if possible, the effects of, potentially
harmful contaminants; and
(2) the frequency of, and if possible, the causes and effects of
abnormal lesions or anomalies.
(c) Data base
(1) In general
The Secretary shall maintain a central data base which provides an
effective means for tracking and accessing data on marine mammals,
including relevant data on marine mammal tissues collected for and
maintained in the Tissue Bank.
(2) Contents
The data base established under this subsection shall include --
(A) reference data on the health of marine mammals and populations of
marine mammals; and
(B) data on species of marine mammals that are subject to unusual
mortality events.
(d) Access
The Secretary shall, in consultation with the Secretary of the
Interior, establish criteria, after an opportunity for public review and
comment, for access to --
(1) marine mammal tissues in the Tissue Bank;
(2) analyses conducted pursuant to subsection (b) of this section;
and
(3) marine mammal data in the data base maintained under subsection
(c) of this section;
which provide for appropriate uses of the tissues, analyses, and data
by qualified scientists, including stranding network participants.
(Pub. L. 92-522, title III, 307, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5065.)
Another section 307 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1417 of this title.
16 USC 1421g. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated --
(1) to the Secretary for carrying out this subchapter (other than
sections 1421d and 1421f of this title) $250,000 for each of fiscal
years 1993 and 1994;
(2) to the Secretary for carrying out section 1421f of this title,
$250,000 for each of fiscal years 1993 and 1994; and
(3) to the Fund, $500,000 for fiscal year 1993.
(Pub. L. 92-522, title III, 308, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5066.)
Another section 308 of Pub. L. 92-522 was enacted by Pub. L.
102-523 and is classified to section 1418 of this title.
16 USC 1421h. Definitions
TITLE 16 -- CONSERVATION
In this subchapter, the following definitions apply:
(1) The term ''Fund'' means the Marine Mammal Unusual Mortality Event
Fund established by section 1421d(a) of this title.
(2) The term ''Office'' means the Office of Protected Resources, in
the National Marine Fisheries Service.
(3) The term ''stranding'' means an event in the wild in which --
(A) a marine mammal is dead and is --
(i) on a beach or shore of the United States; or
(ii) in waters under the jurisdiction of the United States (including
any navigable waters); or
(B) a marine mammal is alive and is --
(i) on a beach or shore of the United States and unable to return to
the water;
(ii) on a beach or shore of the United States and, although able to
return to the water, is in need of apparent medical attention; or
(iii) in the waters under the jurisdiction of the United States
(including any navigable waters), but is unable to return to its natural
habitat under its own power or without assistance.
(4) The term ''stranding network participant'' means a person who is
authorized by an agreement under section 1382(c) of this title to take
marine mammals as described in section 1379(h)(1) of this title in
response to a stranding.
(5) The term ''Tissue Bank'' means the National Marine Tissue Bank
provided for under section 1421f(a) of this title.
(6) The term ''unusual mortality event'' means a stranding that --
(A) is unexpected;
(B) involves a significant die-off of any marine mammal population;
and
(C) demands immediate response.
(Pub. L. 92-522, title III, 309, as added Pub. L. 102-587, title
III, 3003(a), Nov. 4, 1992, 106 Stat. 5066.)
16 USC CHAPTER 32 -- MARINE SANCTUARIES
TITLE 16 -- CONSERVATION
Sec.
1431. Findings, purposes, and policies.
(a) Findings.
(b) Purposes and policies.
1432. Definitions.
1433. Sanctuary designation standards.
(a) Standards.
(b) Factors and consultations required in making determinations and
findings.
1434. Procedures for designation and implementation.
(a) Sanctuary proposal.
(b) Taking effect of designations.
(c) Access and valid rights.
(d) Interagency cooperation.
(e) Review of management plans.
1435. Application of regulations; international negotiations and
cooperation.
(a) Regulations.
(b) Negotiations.
(c) International cooperation.
1436. Prohibited activities.
1437. Enforcement.
(a) In general.
(b) Powers of authorized officers.
(c) Civil penalties.
(d) Forfeiture.
(e) Payment of storage, care, and other costs.
(f) Subpoenas.
(g) Use of resources of State and other Federal agencies.
(h) Coast Guard authority not limited.
(i) Injunctive relief.
(j) Area of application and enforceability.
1438. Repealed.
1439. Severability.
1440. Research, monitoring, and education.
(a) In general.
(b) Promotion and coordination of sanctuary use.
1441. Special use permits.
(a) Issuance of permits.
(b) Permit terms.
(c) Fees.
(d) Violations.
(e) Reports.
(f) Fishing.
1442. Cooperative agreements, donations, and acquisitions.
(a) Cooperative agreements, grants, and other agreements.
(b) Authorization to solicit donations.
(c) Donations.
(d) Acquisitions.
1443. Destruction or loss of, or injury to, sanctuary resources.
(a) Liability.
(b) Response actions and damage assessment.
(c) Civil actions for response costs and damages.
(d) Use of recovered amounts.
1444. Authorization of appropriations.
1445. U.S.S. Monitor artifacts and materials.
(a) Congressional policy.
(b) Interpretation and display of artifacts.
(c) Disclaimer.
1445a. Advisory Councils.
(a) Establishment.
(b) Membership.
(c) Limits on membership.
(d) Staffing and assistance.
(e) Public participation and procedural matters.
16 USC 1431. Findings, purposes, and policies
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds that --
(1) this Nation historically has recognized the importance of
protecting special areas of its public domain, but these efforts have
been directed almost exclusively to land areas above the high-water
mark;
(2) certain areas of the marine environment possess conservation,
recreational, ecological, historical, research, educational, or esthetic
qualities which give them special national, and in some cases
international, significance;
(3) while the need to control the effects of particular activities
has led to enactment of resource-specific legislation, these laws cannot
in all cases provide a coordinated and comprehensive approach to the
conservation and management of special areas of the marine environment;
(4) a Federal program which identifies special areas of the marine
environment will contribute positively to marine resources conservation,
research, and management;
(5) such a Federal program will also serve to enhance public
awareness, understanding, appreciation, and wise use of the marine
environment; and
(6) protection of these special areas can contribute to maintaining a
natural assemblage of living resources for future generations.
(b) Purposes and policies
The purposes and policies of this chapter are --
(1) to identify and designate as national marine sanctuaries areas of
the marine environment which are of special national significance;
(2) to provide authority for comprehensive and coordinated
conservation and management of these marine areas, and activities
affecting them, in a manner which complements existing regulatory
authorities. /1/
(3) to support, promote, and coordinate scientific research on, and
monitoring of, the resources of these marine areas, especially long-term
monitoring and research of these areas;
(4) to enhance public awareness, understanding, appreciation, and
wise use of the marine environment;
(5) to facilitate to the extent compatible with the primary objective
of resource protection, all public and private uses of the resources of
these marine areas not prohibited pursuant to other authorities;
(6) to develop and implement coordinated plans for the protection and
management of these areas with appropriate Federal agencies, State and
local governments, Native American tribes and organizations,
international organizations, and other public and private interests
concerned with the continuing health and resilience of these marine
areas;
(7) to create models of, and incentives for, ways to conserve and
manage these areas;
(8) to cooperate with global programs encouraging conservation of
marine resources; and
(9) to maintain, restore, and enhance living resources by providing
places for species that depend upon these marine areas to survive and
propagate.
(Pub. L. 92-532, title III, 301, Oct. 23, 1972, 86 Stat. 1061; Pub.
L. 96-332, 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 98-498, title I,
102, Oct. 19, 1984, 98 Stat. 2296; Pub. L. 102-587, title II, 2101,
Nov. 4, 1992, 106 Stat. 5039.)
1992 -- Subsec. (a)(2). Pub. L. 102-587, 2101(a)(1), inserted '',
and in some cases international,'' after ''national''.
Subsec. (a)(4). Pub. L. 102-587, 2101(a)(2), inserted '',
research,'' after ''conservation'' and struck out ''and'' at end.
Subsec. (a)(6). Pub. L. 102-587, 2101(a)(3), (4), added par. (6).
Subsec. (b). Pub. L. 102-587, 2101(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''The
purposes and policies of this chapter are --
''(1) to identify areas of the marine environment of special national
significance due to their resource or human-use values;
''(2) to provide authority for comprehensive and coordinated
conservation and management of these marine areas that will complement
existing regulatory authorities;
''(3) to support, promote, and coordinate scientific research on, and
monitoring of, the resources of these marine areas;
''(4) to enhance public awareness, understanding, appreciation, and
wise use of the marine environment; and
''(5) to facilitate, to the extent compatible with the primary
objective of resource protection, all public and private uses of the
resources of these marine areas not prohibited pursuant to other
authorities.''
1984 -- Pub. L. 98-498 amended section generally, substituting
provisions relating to Congressional declaration of findings, purposes
and policies for provisions defining ''Secretary'' and ''State''. See
section 1432 of this title.
1980 -- Pub. L. 96-332 inserted provisions defining ''State''.
Section 1 of Pub. L. 102-587 provided that: ''This Act (see Tables
for classification) may be cited as the 'Oceans Act of 1992'.''
Section 2001 of title II of Pub. L. 102-587 provided that: ''This
title (enacting section 1445a of this title, amending this section and
sections 1432 to 1437, 1440, 1442 to 1444, 1452 to 1456b, and 1458 to
1462 of this title, enacting provisions set out as notes under this
section and sections 1433, 1442, and 1445 of this title, and amending
provisions set out as a note under section 1433 of this title) may be
cited as the 'National Marine Sanctuaries Program Amendments Act of
1992'.''
Section 101 of title I of Pub. L. 98-498 provided that: ''This
title (enacting sections 1435 to 1439 of this title and amending this
section and sections 1432 to 1434 of this title) may be cited as the
'Marine Sanctuaries Amendments of 1984'.''
Section 316 of Pub. L. 92-532, as added by Pub. L. 102-587, title
II, 2112, Nov. 4, 1992, 106 Stat. 5047, provided that: ''This title
(probably means title III of Pub. L. 92-532, which enacted this chapter,
see Codification note set out under section 1445a of this title) may be
cited as 'The National Marine Sanctuaries Act'.''
For statement of Congressional findings, policy, and declaration of
purpose of Pub. L. 92-532 which enacted this chapter and chapter 27 of
Title 33, Navigation and Navigable Waters, see section 1401 of Title 33.
For provisions relating to environmental effects abroad of major
federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957,
set out as a note under section 4321 of Title 42, The Public Health and
Welfare.
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set
out as a note under section 4321 of Title 42, The Public Health and
Welfare.
Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, set out as a note
under section 4331 of Title 42, The Public Health and Welfare, which
related to the prevention, control, and abatement of environmental
pollution at Federal facilities, was revoked by Ex. Ord. No. 12088,
Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of
Title 42.
/1/ So in original. The period probably should be a semicolon.
16 USC 1432. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, the term --
(1) ''draft management plan'' means the plan described in section
1434(a)(1)(C)(v) of this title;
(2) ''Magnuson Act'' means the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
(3) ''marine environment'' means those areas of coastal and ocean
waters, the Great Lakes and their connecting waters, and submerged lands
over which the United States exercises jurisdiction, including the
exclusive economic zone, consistent with international law;
(4) ''Secretary'' means the Secretary of Commerce;
(5) ''State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and
any other commonwealth, territory, or possession of the United States;
(6) ''damages'' includes --
(A) compensation for --
(i)(I) the cost of replacing, restoring, or acquiring the equivalent
of a sanctuary resource; and
(II) the value of the lost use of a sanctuary resource pending its
restoration or replacement or the acquisition of an equivalent sanctuary
resource; or
(ii) the value of a sanctuary resource if the sanctuary resource
cannot be restored or replaced or if the equivalent of such resource
cannot be acquired;
(B) the cost of damage assessments under section 1443(b)(2) of this
title; and
(C) the reasonable cost of monitoring appropriate to the injured,
restored, or replaced resources, /1/
(7) ''response costs'' means the costs of actions taken or authorized
by the Secretary to minimize destruction or loss of, or injury to,
sanctuary resources, or to minimize the imminent risks of such
destruction, loss, or injury; and /2/
(8) ''sanctuary resource'' means any living or nonliving resource of
a national marine sanctuary that contributes to the conservation,
recreational, ecological, historical, research, educational, or
aesthetic value of the sanctuary; and
(9) ''exclusive economic zone'' means the exclusive economic zone as
defined in the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(Pub. L. 92-532, title III, 302, Oct. 23, 1972, 86 Stat. 1061; Pub.
L. 96-332, 2, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 97-375, title II,
202(a), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 98-498, title I, 102,
Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100-627, title II, 204(b), Nov.
7, 1988, 102 Stat. 3217; Pub. L. 102-587, title II, 2102, Nov. 4,
1992, 106 Stat. 5040.)
The Magnuson Fishery Conservation and Management Act, referred to in
pars. (2) and (9), 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.
1992 -- Par. (1). Pub. L. 102-587, 2102(e)(1), substituted
''1434(a)(1)(C)(v)'' for ''1434(a)(1)(E)''.
Par. (3). Pub. L. 102-587, 2102(a), inserted ''including the
exclusive economic zone,'' after ''jurisdiction,''.
Par. (5). Pub. L. 102-587, 2102(e)(2), struck out ''and'' at end.
Par. (6)(C). Pub. L. 102-587, 2102(b), added subpar. (C).
Par. (7). Pub. L. 102-587, 2102(c), inserted ''or authorized'' after
''taken''.
Par. (9). Pub. L. 102-587, 2102(d), added par. (9).
1988 -- Pars. (6) to (8). Pub. L. 100-627 added pars. (6) to (8).
1984 -- Pub. L. 98-498 amended section generally, substituting
provisions which set forth definitions for provisions which related to
the designation of sanctuaries. See section 1433 of this title.
1982 -- Subsec. (d). Pub. L. 97-375 substituted provision that
Secretary submit a biennial report on or before March 1 of every other
year beginning in 1984 for provision that Secretary submit an annual
report on or before November 1 of each year, and substituted reference
to previous two fiscal years for reference to previous fiscal year.
1980 -- Subsec. (b). Pub. L. 96-332, 2(1), designated existing
provisions as par. (1), struck out provision that a designation under
this section would become effective sixty days after it was published
unless the Governor of any State involved, before the expiration of the
sixty-day period, certified to Secretary that the designation, or a
specified portion thereof, was unacceptable to his State, in which case
the designated sanctuary would not include the area certified as
unacceptable until such time as the Governor withdrew his certification
of unacceptability, and added par. (2).
Subsec. (f). Pub. L. 96-332, 2(2), designated existing provisions as
par. (2), added pars. (1), (3), and (4), and, in par. (2) as so
designated, substituted ''The Secretary, after consultation with other
interested Federal and State agencies, shall issue necessary and
reasonable regulations to implement the terms of the designation and
control the activities described in it, except that all permits,
licenses, and other authorizations issued pursuant to any other
authority shall be valid unless such regulations otherwise provide'' for
''After a marine sanctuary has been designated under this section, the
Secretary, after consultation with other interested Federal agencies,
shall issue necessary and reasonable regulations to control any
activities permitted within the designated marine sanctuary, and no
permit, license, or other authorization issued pursuant to any other
authority shall be valid unless the Secretary shall certify that the
permitted activity is consistent with the purposes of this chapter and
can be carried out within the regulations promulgated under this
section''.
Subsec. (h). Pub. L. 96-332, 2(3), added subsec. (h).
Section 210 of title II of Pub. L. 100-627 provided that: ''Not
later than one year after the date of the enactment of this Act (Nov.
7, 1988), the Secretary of Commerce --
''(1) shall propose regulations implementing the amendments made by
this title (enacting sections 1440 to 1445 of this title, amending
sections 1432, 1434, and 1437 of this title, and repealing section 1438
of this title); and
''(2) shall issue final regulations implementing the amendments made
by the Marine Sanctuaries Amendments of 1984 (enacting sections 1435 to
1439 of this title and amending sections 1431 to 1434 of this title).''
Section 3 of Pub. L. 92-532, which is classified to section 1402 of
Title 33, Navigation and Navigable Waters, defines for purposes of this
chapter the terms ''Administrator'', ''Ocean waters'', ''Material'',
''United States'', ''Person'', ''Dumping'', ''District Court of the
United States'', ''Dredged material'', ''High-level radioactive waste'',
and ''Transport'' or ''Transportation''.
/1/ So in original. The comma probably should be a semicolon.
/2/ So in original. The word ''and'' probably should not appear.
16 USC 1433. Sanctuary designation standards
TITLE 16 -- CONSERVATION
(a) Standards
The Secretary may designate any discrete area of the marine
environment as a national marine sanctuary and promulgate regulations
implementing the designation if the Secretary --
(1) determines that the designation will fulfill the purposes and
policies of this chapter; and
(2) finds that --
(A) the area is of special national significance due to its resource
or human-use values;
(B) existing State and Federal authorities are inadequate or should
be supplemented to ensure coordinated and comprehensive conservation and
management of the area, including resource protection, scientific
research, and public education;
(C) designation of the area as a national marine sanctuary will
facilitate the objectives in subparagraph (B); and
(D) the area is of a size and nature that will permit comprehensive
and coordinated conservation and management.
(b) Factors and consultations required in making determinations and
findings
(1) Factors
For purposes of determining if an area of the marine environment
meets the standards set forth in subsection (a) of this section, the
Secretary shall consider --
(A) the area's natural resource and ecological qualities, including
its contribution to biological productivity, maintenance of ecosystem
structure, maintenance of ecologically or commercially important or
threatened species or species assemblages, maintenance of critical
habitat of endangered species, and the biogeographic representation of
the site;
(B) the area's historical, cultural, archaeological, or
paleontological significance;
(C) the present and potential uses of the area that depend on
maintenance of the area's resources, including commercial and
recreational fishing, subsistence uses, other commercial and
recreational activities, and research and education;
(D) the present and potential activities that may adversely affect
the factors identified in subparagraphs (A), (B), and (C);
(E) the existing State and Federal regulatory and management
authorities applicable to the area and the adequacy of those authorities
to fulfill the purposes and policies of this chapter;
(F) the manageability of the area, including such factors as its
size, its ability to be identified as a discrete ecological unit with
definable boundaries, its accessibility, and its suitability for
monitoring and enforcement activities;
(G) the public benefits to be derived from sanctuary status, with
emphasis on the benefits of long-term protection of nationally
significant resources, vital habitats, and resources which generate
tourism;
(H) the negative impacts produced by management restrictions on
income-generating activities such as living and nonliving resources
development; and
(I) the socioeconomic effects of sanctuary designation.
(2) Consultation
In making determinations and findings, the Secretary shall consult
with --
(A) the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Secretaries of State, Defense, Transportation, and the
Interior, the Administrator, and the heads of other interested Federal
agencies;
(C) the responsible officials or relevant agency heads of the
appropriate State and local government entities, including coastal zone
management agencies, that will or are likely to be affected by the
establishment of the area as a national marine sanctuary;
(D) the appropriate officials of any Regional Fishery Management
Council established by section 302 of the Magnuson Act (16 U.S.C. 1852)
that may be affected by the proposed designation; and
(E) other interested persons.
(3) Resource assessment report
In making determinations and findings, the Secretary shall draft, as
part of the environmental impact statement referred to in section
1434(a)(2) of this title, a resource assessment report documenting
present and potential uses of the area, including commercial and
recreational fishing, research and education, minerals and energy
development, subsistence uses, and other commercial, governmental, or
recreational uses. The Secretary, in consultation with the Secretary of
the Interior, shall draft a resource assessment section for the report
regarding any commercial, governmental, or recreational resource uses in
the area under consideration that are subject to the primary
jurisdiction of the Department of the Interior. The Secretary, in
consultation with the Secretary of Defense, the Secretary of Energy, and
the Administrator, shall draft a resource assessment section for the
report, including information on any past, present, or proposed future
disposal or discharge of materials in the vicinity of the proposed
sanctuary. Public disclosure by the Secretary of such information shall
be consistent with national security regulations.
(Pub. L. 92-532, title III, 303, Oct. 23, 1972, 86 Stat. 1062; Pub.
L. 98-498, title I, 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L.
102-587, title II, 2103, Nov. 4, 1992, 106 Stat. 5041.)
1992 -- Subsec. (a)(2)(B). Pub. L. 102-587, 2103(a), inserted ''or
should be supplemented'' after ''inadequate''.
Subsec. (b)(1)(A). Pub. L. 102-587, 2103(b)(1), inserted
''maintenance of critical habitat of endangered species,'' after
''assemblages,''.
Subsec. (b)(3). Pub. L. 102-587, 2103(b)(2), substituted
''1434(a)(2)'' for ''1434(a)(1)'', inserted '', governmental,'' after
''other commercial'' and after ''any commercial'', and inserted at end:
''The Secretary, in consultation with the Secretary of Defense, the
Secretary of Energy, and the Administrator, shall draft a resource
assessment section for the report, including information on any past,
present, or proposed future disposal or discharge of materials in the
vicinity of the proposed sanctuary. Public disclosure by the Secretary
of such information shall be consistent with national security
regulations.''
1984 -- Pub. L. 98-498 amended section generally, substituting
provisions relating to sanctuary designation standards for provisions
relating to penalties. See section 1437(b) of this title.
Pub. L. 102-587, title II, 2207, Nov. 4, 1992, 106 Stat. 5053,
provided that: ''No oil or gas leasing or preleasing activity shall be
conducted within the area designated as the Olympic Coast National
Marine Sanctuary in accordance with Public Law 100-627.''
16 USC 1434. Procedures for designation and implementation
TITLE 16 -- CONSERVATION
(a) Sanctuary proposal
(1) Notice
In proposing to designate a national marine sanctuary, the Secretary
shall --
(A) issue, in the Federal Register, a notice of the proposal,
proposed regulations that may be necessary and reasonable to implement
the proposal, and a summary of the draft management plan;
(B) provide notice of the proposal in newspapers of general
circulation or electronic media in the communities that may be affected
by the proposal; and
(C) on the same day the notice required by subparagraph (A) is
issued, the Secretary shall submit to the Committee on Merchant Marine
and Fisheries of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate documents, including
an executive summary, consisting of --
(i) the terms of the proposed designation;
(ii) the basis of the findings made under section 1433(a) of this
title with respect to the area;
(iii) an assessment of the considerations under section 1433(b)(1) of
this title;
(iv) proposed mechanisms to coordinate existing regulatory and
management authorities within the area;
(v) the draft management plan detailing the proposed goals and
objectives, management responsibilities, resource studies, interpretive
and educational programs, and enforcement, including surveillance
activities for the area;
(vi) an estimate of the annual cost of the proposed designation,
including costs of personnel, equipment and facilities, enforcement,
research, and public education;
(vii) the draft environmental impact statement;
(viii) an evaluation of the advantages of cooperative State and
Federal management if all or part of a proposed marine sanctuary is
within the territorial limits of any State or is superjacent to the
subsoil and seabed within the seaward boundary of a State, as that
boundary is established under the Submerged Lands Act (43 U.S.C. 1301 et
seq.); and
(ix) the proposed regulations referred to in subparagraph (A).
(2) Environmental impact statement
The Secretary shall --
(A) prepare a draft environmental impact statement, as provided by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
on the proposal that includes the resource assessment report required
under section 1433(b)(3) of this title, maps depicting the boundaries of
the proposed designated area, and the existing and potential uses and
resources of the area; and
(B) make copies of the draft environmental impact statement available
to the public.
(3) Public hearing
No sooner than thirty days after issuing a notice under this
subsection, the Secretary shall hold at least one public hearing in the
coastal area or areas that will be most affected by the proposed
designation of the area as a national marine sanctuary for the purpose
of receiving the views of interested parties.
(4) Terms of designation
The terms of designation of a sanctuary shall include the geographic
area proposed to be included within the sanctuary, the characteristics
of the area that give it conservation, recreational, ecological,
historical, research, educational, or esthetic value, and the types of
activities that will be subject to regulation by the Secretary to
protect those characteristics. The terms of designation may be modified
only by the same procedures by which the original designation is made.
(5) Fishing regulations
The Secretary shall provide the appropriate Regional Fishery
Management Council with the opportunity to prepare draft regulations for
fishing within the Exclusive Economic Zone as the Council may deem
necessary to implement the proposed designation. Draft regulations
prepared by the Council, or a Council determination that regulations are
not necessary pursuant to this paragraph, shall be accepted and issued
as proposed regulations by the Secretary unless the Secretary finds that
the Council's action fails to fulfill the purposes and policies of this
chapter and the goals and objectives of the proposed designation. In
preparing the draft regulations, a Regional Fishery Management Council
shall use as guidance the national standards of section 301(a) of the
Magnuson Act (16 U.S.C. 1851) to the extent that the standards are
consistent and compatible with the goals and objectives of the proposed
designation. The Secretary shall prepare the fishing regulations, if
the Council declines to make a determination with respect to the need
for regulations, makes a determination which is rejected by the
Secretary, or fails to prepare the draft regulations in a timely manner.
Any amendments to the fishing regulations shall be drafted, approved,
and issued in the same manner as the original regulations. The
Secretary shall also cooperate with other appropriate fishery management
authorities with rights or responsibilities within a proposed sanctuary
at the earliest practicable stage in drafting any sanctuary fishing
regulations.
(6) Committee action
After receiving the documents under subsection (a)(1)(C) of this
section, the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate may each hold hearings on the proposed
designation and on the matters set forth in the documents. If within
the forty-five day period of continuous session of Congress beginning on
the date of submission of the documents, either Committee issues a
report concerning matters addressed in the documents, the Secretary
shall consider this report before publishing a notice to designate the
national marine sanctuary.
(b) Taking effect of designations
(1) Notice
In designating a national marine sanctuary, the Secretary shall
publish in the Federal Register notice of the designation together with
final regulations to implement the designation and any other matters
required by law, and submit such notice to the Congress. The Secretary
shall advise the public of the availability of the final management plan
and the final environmental impact statement with respect to such
sanctuary. The Secretary shall issue a notice of designation with
respect to a proposed national marine sanctuary site not later than 30
months after the date a notice declaring the site to be an active
candidate for sanctuary designation is published in the Federal Register
under regulations issued under this Act, or shall publish not later than
such date in the Federal Register findings regarding why such notice has
not been published. No notice of designation may occur until the
expiration of the period for Committee action under subsection (a)(6) of
this section. The designation (and any of its terms not disapproved
under this subsection) and regulations shall take effect and become
final after the close of a review period of forty-five days of
continuous session of Congress beginning on the day on which such notice
is published unless, in the case of a national marine sanctuary that is
located partially or entirely within the seaward boundary of any State,
the Governor affected certifies to the Secretary that the designation or
any of its terms is unacceptable, in which case the designation or the
unacceptable term shall not take effect in the area of the sanctuary
lying within the seaward boundary of the State.
(2) Withdrawal of designation
If the Secretary considers that actions taken under paragraph (1)
will affect the designation of a national marine sanctuary in a manner
that the goals and objectives of the sanctuary cannot be fulfilled, the
Secretary may withdraw the entire designation. If the Secretary does
not withdraw the designation, only those terms of the designation not
certified under paragraph (1) shall take effect.
(3) Procedures
(A) In computing the forty-five-day periods of continuous session of
Congress pursuant to subsection (a)(6) of this section and paragraph (1)
of this subsection --
(i) continuity of session is broken only by an adjournment of
Congress sine die; and
(ii) the days on which either House of Congress is not in session
because of an adjournment of more than three days to a day certain are
excluded.
(B) When the committee to which a joint resolution has been referred
has reported such a resolution, it shall at any time thereafter be in
order to move to proceed to the consideration of the resolution. The
motion shall be privileged and shall not be debatable. An amendment to
the motion shall not be in order, and it shall not be in order to move
to reconsider the vote by which the motion was agreed to or disagreed
to.
(C) This subsection is enacted by Congress as an exercise of the
rulemaking power of each House of Congress, respectively, and as such is
deemed a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in the case of
resolutions described in this subsection. This subsection supersedes
other rules only to the extent that they are inconsistent therewith, and
is enacted with full recognition of the constitutional right of either
House to change the rules (so far as those relate to the procedure of
that House) at any time, in the same manner, and to the same extent as
in the case of any other rule of such House.
(c) Access and valid rights
(1) Nothing in this chapter shall be construed as terminating or
granting to the Secretary the right to terminate any valid lease,
permit, license, or right of subsistence use or of access that is in
existence on the date of designation of any national marine sanctuary.
(2) The exercise of a lease, permit, license, or right is subject to
regulation by the Secretary consistent with the purposes for which the
sanctuary is designated.
(d) Interagency cooperation
(1) Review of agency actions
(A) In general
Federal agency actions internal or external to a national marine
sanctuary, including private activities authorized by licenses, leases,
or permits, that are likely to destroy, cause the loss of, or injure any
sanctuary resource are subject to consultation with the Secretary.
(B) Agency statements required
Subject to any regulations the Secretary may establish each Federal
agency proposing an action described in subparagraph (A) shall provide
the Secretary with a written statement describing the action and its
potential effects on sanctuary resources at the earliest practicable
time, but in no case later than 45 days before the final approval of the
action unless such Federal agency and the Secretary agree to a different
schedule.
(2) Secretary's recommended alternatives
If the Secretary finds that a Federal agency action is likely to
destroy, cause the loss of, or injure a sanctuary resource, the
Secretary shall (within 45 days of receipt of complete information on
the proposed agency action) recommend reasonable and prudent
alternatives, which may include conduct of the action elsewhere, which
can be taken by the Federal agency in implementing the agency action
that will protect sanctuary resources.
(3) Response to recommendations
The agency head who receives the Secretary's recommended alternatives
under paragraph (2) shall promptly consult with the Secretary on the
alternatives. If the agency head decides not to follow the
alternatives, the agency head shall provide the Secretary with a written
statement explaining the reasons for that decision.
(e) Review of management plans
Not more than five years after the date of designation of any
national marine sanctuary, and thereafter at intervals not exceeding
five years, the Secretary shall evaluate the substantive progress toward
implementing the management plan and goals for the sanctuary, especially
the effectiveness of site-specific management techniques, and shall
revise the management plan and regulations as necessary to fulfill the
purposes and policies of this chapter.
(Pub. L. 92-532, title III, 304, Oct. 23, 1972, 86 Stat. 1063; Pub.
L. 94-62, 4, July 25, 1975, 89 Stat. 303; Pub. L. 94-326, 4, June 30,
1976, 90 Stat. 725; Pub. L. 95-153, 3, Nov. 4, 1977, 91 Stat. 1255;
Pub. L. 96-332, 3, Aug. 29, 1980, 94 Stat. 1059; Pub. L. 97-109, Dec.
26, 1981, 95 Stat. 1512; Pub. L. 98-498, title I, 102, Oct. 19, 1984,
98 Stat. 2298; Pub. L. 100-627, title II, 202, Nov. 7, 1988, 102 Stat.
3214; Pub. L. 102-587, title II, 2104, Nov. 4, 1992, 106 Stat. 5041.)
The Submerged Lands Act, referred to in subsec. (a)(1)(C)(viii), 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.
The National Environmental Policy Act of 1969, referred to in subsec.
(a)(2)(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.
This Act, referred to in subsec. (b)(1), means Pub. L. 92-532,
which enacted this chapter, chapter 32A ( 1447 et seq.) of this title,
and chapters 27 ( 1401 et seq.) and 41 ( 2801 et seq.) of Title 33,
Navigation and Navigable Waters.
1992 -- Subsec. (a)(1)(C). Pub. L. 102-587, 2104(a)(2), substituted
''documents, including an executive summary, consisting of -- '' for ''a
prospectus on the proposal which shall contain -- ''.
Subsec. (a)(5). Pub. L. 102-587, 2104(a)(3), substituted ''Exclusive
Economic Zone'' for ''United States Fishery Conservation Zone'' and
inserted at end ''The Secretary shall also cooperate with other
appropriate fishery management authorities with rights or
responsibilities within a proposed sanctuary at the earliest practicable
stage in drafting any sanctuary fishing regulations.''
Subsec. (a)(6). Pub. L. 102-587, 2104(a)(1), substituted
''documents'' for ''prospectus'' wherever appearing.
Subsec. (b)(1). Pub. L. 102-587, 2104(b)(1), substituted at end '',
in the case of a national marine sanctuary that is located partially or
entirely within the seaward boundary of any State, the Governor affected
certifies to the Secretary that the designation or any of its terms is
unacceptable, in which case the designation or the unacceptable term
shall not take effect in the area of the sanctuary lying within the
seaward boundary of the State.'' for the dash after ''unless'' and
subpars. (A) and (B) which read as follows:
''(A) the designation or any of its terms is disapproved by enactment
of a joint resolution of disapproval described in paragraph (3); or
''(B) in the case of a natural marine sanctuary that is located
partially or entirely within the seaward boundary of any State, the
Governor affected certifies to the Secretary that the designation or any
of its terms is unacceptable, in which case the designation or the
unacceptable term shall not take effect in the area of the sanctuary
lying within the seaward boundary of the State.''
Subsec. (b)(2). Pub. L. 102-587, 2104(b)(2), substituted ''actions
taken under paragraph (1)'' for ''actions taken under paragraph (1)(A)
or (B)'' and ''terms of the designation not certified under paragraph
(1)'' for ''terms of the designation not disapproved under paragraph
(1)(A) or not certified under paragraph (1)(B)''.
Subsec. (b)(3), (4). Pub. L. 102-587, 2104(b)(3), redesignated par.
(4) as (3) and struck out former par. (3) which defined a
Congressional resolution of disapproval for purposes of this subsection.
Subsec. (c)(1). Pub. L. 102-587, 2104(c), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''Nothing in
this chapter shall be construed as terminating or granting to the
Secretary the right to terminate any valid lease, permit, license, or
right of subsistence use or of access if the lease, permit, license, or
right --
''(A) was in existence on October 19, 1984, with respect to any
national marine sanctuary designated before that date; or
''(B) is in existence on the date of designation of any national
marine sanctuary, with respect to any national marine sanctuary
designated after October 19, 1984.''
Subsecs. (d), (e). Pub. L. 102-587, 2104(d), added subsecs. (d)
and (e).
1988 -- Subsec. (b)(1). Pub. L. 100-627 inserted requirement that
notice be published in the Federal Register of proposed marine sanctuary
site designation within 30 months after notice of active candidacy of
site for sanctuary designation or that within such period findings be
published why notice has not been published.
1984 -- Pub. L. 98-498 amended section generally, substituting
provisions relating to procedures for designation and implementation of
a marine sanctuary for provisions relating to authorization of
appropriations. See section 1438 of this title.
1981 -- Pub. L. 97-109 inserted provisions authorizing
appropriations of not to exceed $2,235,000 for fiscal year 1982, and not
to exceed $2,235,000 for fiscal year 1983.
1980 -- Pub. L. 96-332 inserted provisions authorizing
appropriations of not to exceed $2,250,000 for fiscal year 1981.
1977 -- Pub. L. 95-153 inserted provision authorizing appropriations
not to exceed $500,000 for fiscal year 1978.
1976 -- Pub. L. 94-326 inserted provision authorizing to be
appropriated not to exceed $500,000 for fiscal year 1977.
1975 -- Pub. L. 94-62 substituted provisions authorizing to be
appropriated not to exceed $10,000,000 for each of fiscal years 1973,
1974, and 1975, for provisions authorizing to be appropriated for fiscal
year in which this Act was enacted and for next two fiscal years
thereafter not to exceed $10,000,000 for each such fiscal year, and
inserted provisions authorizing to be appropriated not to exceed
$6,200,000 for fiscal year 1976, and not to exceed $1,550,000 for the
transition period (July 1, through Sept. 30, 1976).
16 USC 1435. Application of regulations; international negotiations
and cooperation
TITLE 16 -- CONSERVATION
(a) Regulations
This chapter and the regulations issued under section 1434 of this
title shall be applied in accordance with generally recognized
principles of international law, and in accordance with treaties,
conventions, and other agreements to which the United States is a party.
No regulation shall apply to or be enforced against a person who is not
a citizen, national, or resident alien of the United States, unless in
accordance with --
(1) generally recognized principles of international law;
(2) an agreement between the United States and the foreign state of
which the person is a citizen; or
(3) an agreement between the United States and the flag state of a
foreign vessel, if the person is a crewmember of the vessel.
(b) Negotiations
The Secretary of State, in consultation with the Secretary, shall
take appropriate action to enter into negotiations with other
governments to make necessary arrangements for the protection of any
national marine sanctuary and to promote the purposes for which the
sanctuary is established.
(c) International cooperation
The Secretary, in consultation with the Secretary of State and other
appropriate Federal agencies, shall cooperate with other governments and
international organizations in furtherance of the purposes and policies
of this chapter and consistent with applicable regional and mutilateral
arrangements for the protection and management of special marine areas.
(Pub. L. 92-532, title III, 305, as added Pub. L. 98-498, title I,
102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102-587, title II,
2105, Nov. 4, 1992, 106 Stat. 5043.)
1992 -- Pub. L. 102-587, 2105(b), substituted ''; international
negotiations and cooperation'' for ''and international negotiations'' in
section catchline.
Subsec. (a). Pub. L. 102-587, 2105(a)(1), substituted ''This chapter
and the regulations'' for ''The regulations'' and inserted ''or be
enforced against'' after ''apply to''.
Subsec. (c). Pub. L. 102-587, 2105(a)(2), added subsec. (c).
For direction that the Secretary of State seek effective
international action and cooperation through the development of
appropriate international rules and regulations in support of the policy
of this chapter and chapter 27 of Title 33, Navigation and Navigable
Waters, see section 1419 of Title 33.
16 USC 1436. Prohibited activities
TITLE 16 -- CONSERVATION
It is unlawful to --
(1) destroy, cause the loss of, or injure any sanctuary resource
managed under law or regulations for that sanctuary;
(2) possess, sell, deliver, carry, transport, or ship by any means
any sanctuary resource taken in violation of this section;
(3) interfere with the enforcement of this chapter; or
(4) violate any provision of this chapter or any regulation or permit
issued pursuant to this chapter.
(Pub. L. 92-532, title III, 306, as added Pub. L. 98-498, title I,
102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102-587, title II,
2106, Nov. 4, 1992, 106 Stat. 5043.)
1992 -- Pub. L. 102-587 amended section generally. Prior to
amendment, section read as follows: ''The Secretary shall conduct
research and educational programs as are necessary and reasonable to
carry out the purposes and policies of this chapter.''
16 USC 1437. Enforcement
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall conduct such enforcement activities as are
necessary and reasonable to carry out this chapter.
(b) Powers of authorized officers
Any person who is authorized to enforce this chapter may --
(1) board, search, inspect, and seize any vessel suspected of being
used to violate this chapter or any regulation or permit issued under
this chapter and any equipment, stores, and cargo of such vessel;
(2) seize wherever found any sanctuary resource taken or retained in
violation of this chapter or any regulation or permit issued under this
chapter;
(3) seize any evidence of a violation of this chapter or of any
regulation or permit issued under this chapter;
(4) execute any warrant or other process issued by any court of
competent jurisdiction; and
(5) exercise any other lawful authority.
(c) Civil penalties
(1) Civil penalty
Any person subject to the jurisdiction of the United States who
violates this chapter or any regulation or permit issued under this
chapter shall be liable to the United States for a civil penalty of not
more than $100,000 for each such violation, to be assessed by the
Secretary. Each day of a continuing violation shall constitute a
separate violation.
(2) Notice
No penalty shall be assessed under this subsection until after the
person charged has been given notice and an opportunity for a hearing.
(3) In rem jurisdiction
A vessel used in violating this chapter or any regulation or permit
issued under this chapter shall be liable in rem for any civil penalty
assessed for such violation. Such penalty shall constitute a maritime
lien on the vessel and may be recovered in an action in rem in the
district court of the United States having jurisdiction over the vessel.
(4) Review of civil penalty
Any person against whom a civil penalty is assessed under this
subsection may obtain review in the United States district court for the
appropriate district by filing a complaint in such court not later than
30 days after the date of such order.
(5) Collection of penalties
If any person fails to pay an assessment of a civil penalty under
this section 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,
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.
(6) Compromise or other action by Secretary
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is or may be imposed under this
section.
(d) Forfeiture
(1) In general
Any vessel (including the vessel's equipment, stores, and cargo) and
other item used, and any sanctuary resource taken or retained, in any
manner, in connection with or as a result of any violation of this
chapter or of any regulation or permit issued under this chapter shall
be subject to forfeiture to the United States pursuant to a civil
proceeding under this subsection. The proceeds from forfeiture actions
under this subsection shall constitute a separate recovery in addition
to any amounts recovered as civil penalties under this section or as
civil damages under section 1443 of this title. None of those proceeds
shall be subject to set-off.
(2) Application of the customs laws
The Secretary may exercise the authority of any United States
official granted by any relevant customs law relating to the seizure,
forfeiture, condemnation, disposition, remission, and mitigation of
property in enforcing this chapter.
(3) Disposal of sanctuary resources
Any sanctuary resource seized pursuant to this chapter may be
disposed of pursuant to an order of the appropriate court, or, if
perishable, in a manner prescribed by regulations promulgated by the
Secretary. Any proceeds from the sale of such sanctuary resource shall
for all purposes represent the sanctuary resource so disposed of in any
subsequent legal proceedings.
(4) Presumption
For the purposes of this section there is a rebuttable presumption
that all sanctuary resources found on board a vessel that is used or
seized in connection with a violation of this chapter or of any
regulation or permit issued under this chapter were taken or retained in
violation of this chapter or of a regulation or permit issued under this
chapter.
(e) Payment of storage, care, and other costs
(1) Expenditures
(A) Notwithstanding any other law, amounts received by the United
States as civil penalties, forfeitures of property, and costs imposed
under paragraph (2) shall be retained by the Secretary in the manner
provided for in section 9607(f)(1) of title 42.
(B) Amounts received under this section for forfeitures and costs
imposed under paragraph (2) shall be used to pay the reasonable and
necessary costs incurred by the Secretary to provide temporary storage,
care, maintenance, and disposal of any sanctuary resource or other
property seized in connection with a violation of this chapter or any
regulation or permit issued under this chapter.
(C) Amounts received under this section as civil penalties and any
amounts remaining after the operation of subparagraph (B) shall be used,
in order of priority, to --
(i) manage and improve the national marine sanctuary with respect to
which the violation occurred that resulted in the penalty or forfeiture;
(ii) pay a reward to any person who furnishes information leading to
an assessment of a civil penalty, or to a forfeiture of property, for a
violation of this chapter or any regulation or permit issued under this
chapter; and
(iii) manage and improve any other national marine sanctuary.
(2) Liability for costs
Any person assessed a civil penalty for a violation of this chapter
or of any regulation or permit issued under this chapter, and any
claimant in a forfeiture action brought for such a violation, shall be
liable for the reasonable costs incurred by the Secretary in storage,
care, and maintenance of any sanctuary resource or other property seized
in connection with the violation.
(f) Subpoenas
In the case of any hearing under this section which is determined on
the record in accordance with the procedures provided for under section
554 of title 5, 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.
(g) Use of resources of State and other Federal agencies
The Secretary shall, whenever appropriate, use by agreement the
personnel, services, and facilities of State and other Federal
departments, agencies, and instrumentalities, on a reimbursable or
nonreimbursable basis, to carry out the Secretary's responsibilities
under this section.
(h) Coast Guard authority not limited
Nothing in this section shall be considered to limit the authority of
the Coast Guard to enforce this or any other Federal law under section
89 of title 14.
(i) Injunctive relief
If the Secretary determines that there is an imminent risk of
destruction or loss of or injury to a sanctuary resource, or that there
has been actual destruction or loss of, or injury to, a sanctuary
resource which may give rise to liability under section 1443 of this
title, the Attorney General, upon request of the Secretary, shall seek
to obtain such relief as may be necessary to abate such risk or actual
destruction, loss, or injury, or to restore or replace the sanctuary
resource, or both. The district courts of the United States shall have
jurisdiction in such a case to order such relief as the public interest
and the equities of the case may require.
(j) Area of application and enforceability
The area of application and enforceability of this chapter includes
the territorial sea of the United States, as described in Presidential
Proclamation 5928 of December 27, 1988, which is subject to the
sovereignty of the United States, and the United States exclusive
economic zone, consistent with international law.
(Pub. L. 92-532, title III, 307, as added Pub. L. 98-498, title I,
102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 100-627, title II,
207, Nov. 7, 1988, 102 Stat. 3219; Pub. L. 102-587, title II,
2107(a)-(c), (e), Nov. 4, 1992, 106 Stat. 5043, 5044.)
Section 9607(f)(1) of title 42, referred to in subsec. (e)(1)(A),
was in the original ''section 107(f)(1) of the Comprehensive
Environmental Response, Compensation and Liability Act'', and was
translated as meaning section 107(f)(1) of Pub. L. 96-510, known as the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, to reflect the probable intent of Congress.
Presidential Proclamation 5928 of December 27, 1988, referred to in
subsec. (j), is set out as a note under section 1331 of Title 43,
Public Lands.
1992 -- Subsec. (c)(1). Pub. L. 102-587, 2107(a)(1), substituted
''$100,000'' for ''$50,000''.
Subsec. (c)(3). Pub. L. 102-587, 2107(a)(2), struck out ''and may be
proceeded against in any district court of the United States having
jurisdiction'' after ''assessed for such violation'' and inserted at end
''Such penalty shall constitute a maritime lien on the vessel and may be
recovered in an action in rem in the district court of the United States
having jurisdiction over the vessel.''
Subsec. (d)(1). Pub. L. 102-587, 2107(b), inserted at end ''The
proceeds from forfeiture actions under this subsection shall constitute
a separate recovery in addition to any amounts recovered as civil
penalties under this section or as civil damages under section 1443 of
this title. None of those proceeds shall be subject to set-off.''
Subsec. (e)(1). Pub. L. 102-587, 2107(c), added par. (1) and struck
out former par. (1) which read as follows: ''In general. --
Notwithstanding any other law, the Secretary may use amounts received
under this section in the form of civil penalties, forfeitures of
property, and costs imposed under paragraph (2) to pay --
''(A) the reasonable and necessary costs incurred by the Secretary in
providing temporary storage, care, and maintenance of any sanctuary
resource or other property seized under this section pending disposition
of any civil proceeding relating to any alleged violation with respect
to which such property or sanctuary resource was seized; and
''(B) a reward to any person who furnishes information leading to an
assessment of a civil penalty, or to a forfeiture of property, for a
violation of this chapter or of any regulation or permit issued under
this chapter.''
Subsec. (j). Pub. L. 102-587, 2107(e), added subsec. (j).
1988 -- Pub. L. 100-627 amended section generally, substituting
provisions consisting of subsecs. (a) to (i) relating to enforcement
activities in general, powers of authorized officers, civil penalties,
forfeiture, payment of storage, care, and other costs, subpoenas, use of
resources of State and other Federal agencies, Coast Guard authority,
and injunctive relief for former provisions consisting of subsecs. (a)
to (c) relating to enforcement activities in general, civil penalties,
and jurisdiction.
Pub. L. 102-241, 51, Dec. 19, 1991, 105 Stat. 2227, provided that:
''Not later than one year after the date of enactment of this Act (Dec.
19, 1991), the Secretary of Transportation and the Secretary of Commerce
shall submit to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Commerce, Science, and
Transportation a joint report describing methods by which Coast Guard
enforcement efforts under the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) (16 U.S.C. 1431 et
seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.) may be
enhanced and coordinated with those of the National Oceanic and
Atmospheric Administration. The report shall --
''(1) evaluate the ability of the Coast Guard to address key
enforcement problems, which the Secretary of Commerce shall identify,
for each national marine sanctuary;
''(2) propose procedures by which the Coast Guard and the National
Oceanic and Atmospheric Administration may coordinate their efforts in
order to improve and maximize effective enforcement of marine sanctuary
regulations; and
''(3) recommend appropriate levels of Coast Guard participation in
the efforts.''
16 USC 1438. Repealed. Pub. L. 100-627, title II, 203(1), Nov. 7,
1988, 102 Stat. 3214
TITLE 16 -- CONSERVATION
Section, Pub. L. 92-532, title III, 308, as added Pub. L. 98-498,
title I, 102, Oct. 19, 1984, 98 Stat. 2303, authorized appropriations
for fiscal years 1985 to 1988.
16 USC 1439. Severability
TITLE 16 -- CONSERVATION
If any provision of this Act or the application thereof to any person
or circumstances is held invalid, the validity of the remainder of this
Act and of the application of such provision to other persons and
circumstances shall not be affected thereby.
(Pub. L. 92-532, title III, 308, formerly 309, as added Pub. L.
98-498, title I, 102, Oct. 19, 1984, 98 Stat. 2303, and renumbered
308, Pub. L. 100-627, title II, 203(2), Nov. 7, 1988, 102 Stat. 3214.)
This Act, referred to in text, means Pub. L. 92-532, which enacted
this chapter, chapter 32A ( 1447 et seq.) of this title, and chapters 27
( 1401 et seq.) and 41 ( 2801 et seq.) of Title 33, Navigation and
Navigable Waters.
A prior section 308 of Pub. L. 92-532 was classified to section 1438
of this title and was repealed by section 203(1) of Pub. L. 100-627.
16 USC 1440. Research, monitoring, and education
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall conduct research, monitoring, evaluation, and
education programs as are necessary and reasonable to carry out the
purposes and policies of this chapter.
(b) Promotion and coordination of sanctuary use
The Secretary shall take such action as is necessary and reasonable
to promote and coordinate the use of national marine sanctuaries for
research, monitoring, and education purposes. Such action may include
consulting with Federal agencies, States, local governments, regional
agencies, interstate agencies, or other persons to promote use of one or
more sanctuaries for research, monitoring, and education, including
coordination with the National Estuarine Research Reserve System.
(Pub. L. 92-532, title III, 309, as added Pub. L. 100-627, title II,
203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 102-587, title
II, 2108, Nov. 4, 1992, 106 Stat. 5045.)
A prior section 309 of Pub. L. 92-532 was renumbered section 308 by
section 203(2) of Pub. L. 100-627 and is classified to section 1439 of
this title.
1992 -- Pub. L. 102-587 amended section generally. Prior to
amendment, section read as follows: ''The Secretary shall take such
action as is necessary to promote and coordinate the use of national
marine sanctuaries for research purposes, including --
''(1) requiring that the National Oceanic and Atmospheric
Administration, in conducting or supporting marine research, give
priority to research involving national marine sanctuaries; and
''(2) consulting with other Federal and State agencies to promote use
by such agencies of one or more sanctuaries for marine research.''
16 USC 1441. Special use permits
TITLE 16 -- CONSERVATION
(a) Issuance of permits
The Secretary may issue special use permits which authorize the
conduct of specific activities in a national marine sanctuary if the
Secretary determines such authorization is necessary --
(1) to establish conditions of access to and use of any sanctuary
resource; or
(2) to promote public use and understanding of a sanctuary resource.
(b) Permit terms
A permit issued under this section --
(1) shall authorize the conduct of an activity only if that activity
is compatible with the purposes for which the sanctuary is designated
and with protection of sanctuary resources;
(2) shall not authorize the conduct of any activity for a period of
more than 5 years unless renewed by the Secretary;
(3) shall require that activities carried out under the permit be
conducted in a manner that does not destroy, cause the loss of, or
injure sanctuary resources; and
(4) shall require the permittee to purchase and maintain
comprehensive general liability insurance against claims arising out of
activities conducted under the permit and to agree to hold the United
States harmless against such claims.
(c) Fees
(1) Assessment and collection
The Secretary may assess and collect fees for the conduct of any
activity under a permit issued under this section.
(2) Amount
The amount of a fee under this subsection shall be equal to the sum
of --
(A) costs incurred, or expected to be incurred, by the Secretary in
issuing the permit;
(B) costs incurred, or expected to be incurred, by the Secretary as a
direct result of the conduct of the activity for which the permit is
issued, including costs of monitoring the conduct of the activity; and
(C) an amount which represents the fair market value of the use of
the sanctuary resource and a reasonable return to the United States
Government.
(3) Use of fees
Amounts collected by the Secretary in the form of fees under this
section may be used by the Secretary --
(A) for issuing and administering permits under this section; and
(B) for expenses of designating and managing national marine
sanctuaries.
(d) Violations
Upon violation of a term or condition of a permit issued under this
section, the Secretary may --
(1) suspend or revoke the permit without compensation to the
permittee and without liability to the United States;
(2) assess a civil penalty in accordance with section 1437 of this
title; or
(3) both.
(e) Reports
Each person issued a permit under this section shall submit an annual
report to the Secretary not later than December 31 of each year which
describes activities conducted under that permit and revenues derived
from such activities during the year.
(f) Fishing
Nothing in this section shall be considered to require a person to
obtain a permit under this section for the conduct of any fishing
activities in a national marine sanctuary.
(Pub. L. 92-532, title III, 310, as added Pub. L. 100-627, title II,
203(3), Nov. 7, 1988, 102 Stat. 3214.)
16 USC 1442. Cooperative agreements, donations, and acquisitions
TITLE 16 -- CONSERVATION
(a) Cooperative agreements, grants, and other agreements
The Secretary may enter into cooperative agreements, financial
agreements, grants, contracts, or other agreements with States, local
governments, regional agencies, interstate agencies, or other persons to
carry out the purposes and policies of this chapter.
(b) Authorization to solicit donations
The Secretary may enter into such agreements with any nonprofit
organization authorizing the organization to solicit private donations
to carry out the purposes and policies of this chapter.
(c) Donations
The Secretary may accept donations of funds, property, and services
for use in designating and administering national marine sanctuaries
under this chapter. Donations accepted under this section shall be
considered as a gift or bequest to or for the use of the United States.
(d) Acquisitions
The Secretary may acquire by purchase, lease, or exchange, any land,
facilities, or other property necessary and appropriate to carry out the
purposes and policies of this chapter.
(Pub. L. 92-532, title III, 311, as added Pub. L. 100-627, title II,
203(3), Nov. 7, 1988, 102 Stat. 3215; amended Pub. L. 102-587, title
II, 2109, Nov. 4, 1992, 106 Stat. 5045.)
1992 -- Pub. L. 102-587 amended section generally. Prior to
amendment, section read as follows:
''(a) Cooperative Agreements. -- The Secretary may enter into
cooperative agreements with any nonprofit organization --
''(1) to aid and promote interpretive, historical, scientific, and
educational activities; and
''(2) for the solicitation of private donations for the support of
such activities.
''(b) Donations. -- The Secretary may accept donations of funds,
property, and services for use in designating and administering national
marine sanctuaries under this chapter.''
Section 2204 of title II of Pub. L. 102-587 provided that:
''(a) In General. -- Beginning on the date of enactment of this title
(Nov. 4, 1992), the Secretary shall conduct a 2-year pilot project to
enhance funding for designation and management of national marine
sanctuaries.
''(b) Project. -- The project shall consist of --
''(1) the creation, adoption, and publication in the Federal Register
by the Secretary of a symbol for the national marine sanctuary program,
or for individual national marine sanctuaries;
''(2) the solicitation of persons to be designated as official
sponsors of the national marine sanctuary program or of individual
national marine sanctuaries;
''(3) the designation of persons by the Secretary as official
sponsors of the national marine sanctuary program or of individual
sanctuaries;
''(4) the authorization by the Secretary of the use of any symbol
published under paragraph (1) by official sponsors of the national
marine sanctuary program or of individual national marine sanctuaries;
''(5) the establishment and collection by the Secretary of fees from
official sponsors for the manufacture, reproduction or use of the
symbols published under paragraph (1);
''(6) the retention of any fees assessed under paragraph (5) by the
Secretary in an interest-bearing revolving fund; and
''(7) the expenditure of any fees and any interest in the fund
established under paragraph (6), without appropriation, by the Secretary
to designate and manage national marine sanctuaries.
''(c) Contract Authority. -- The Secretary may contract with any
person for the creation of symbols or the solicitation of official
sponsors under subsection (b).
''(d) Restrictions. -- The Secretary may restrict the use of the
symbols published under subsection (b), and the designation of official
sponsors of the national marine sanctuary program or of individual
national marine sanctuaries to ensure compatibility with the goals of
the national marine sanctuary program.
''(e) Property of United States. -- Any symbol which is adopted by
the Secretary and published in the Federal Register under subsection (b)
is deemed to be the property of the United States.
''(f) Prohibited Activities. -- (1) It is unlawful for any person --
''(A) designated as an official sponsor to influence or seek to
influence any decision by the Secretary or any other Federal official
related to the designation or management of a national marine sanctuary,
except to the extent that a person who is not so designated may do so;
''(B) to represent himself or herself to be an official sponsor
absent a designation by the Secretary;
''(C) to manufacture, reproduce, or use any symbol adopted by the
Secretary absent designation as an official sponsor and without payment
of a fee to the Secretary; and
''(D) to violate any regulation promulgated by the Secretary under
this section.
''(2) Violation of this subsection shall be considered a violation of
title III of the Marine Protection, Research, and Sanctuaries Act of
1972 (16 U.S.C. 1431 et seq.).
''(g) Report. -- No later than 30 months after the date of enactment
of this Act (Nov. 4, 1992), the Secretary shall submit a report on the
pilot project to Congress regarding the success of the program in
providing additional funds for management and operation of national
marine sanctuaries.
''(h) Definitions. -- In this section --
''(1) the term 'national marine sanctuary' or 'national marine
sanctuaries' means a national marine sanctuary or sanctuaries designated
under title III of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1431 et seq.), or by other law in accordance with
title III of the Marine Protection, Research, and Sanctuaries Act of
1972;
''(2) the term 'official sponsor' means any person designated by the
Secretary who is authorized to manufacture, reproduce, or use any symbol
created, adopted, and published in the Federal Register under this
section for a fee paid to the Secretary; and
''(3) the term 'Secretary' means the Secretary of Commerce.''
16 USC 1443. Destruction or loss of, or injury to, sanctuary resources
TITLE 16 -- CONSERVATION
(a) Liability
(1) Liability to United States
Any person who destroys, causes the loss of, or injures any sanctuary
resource is liable to the United States for an amount equal to the sum
of --
(A) the amount of response costs and damages resulting from the
destruction, loss, or injury; and
(B) interest on that amount calculated in the manner described under
section 2705 of title 33.
(2) Liability in rem
Any vessel used to destroy, cause the loss of, or injure any
sanctuary resource shall be liable in rem to the United States for
response costs and damages resulting from such destruction, loss, or
injury. The amount of that liability shall constitute a maritime lien
on the vessel and may be recovered in an action in rem in any district
court of the United States that has jurisdiction over the vessel.
(3) Defenses
A person is not liable under this subsection if that person
establishes that --
(A) the destruction or loss of, or injury to, the sanctuary resource
was caused solely by an act of God, an act of war, or an act or omission
of a third party, and the person acted with due care;
(B) the destruction, loss, or injury was caused by an activity
authorized by Federal or State law; or
(C) the destruction, loss, or injury was negligible.
(4) Limits to liability
Nothing in sections 181 to 188 /1/ of title 46, Appendix, or section
192 of title 46, Appendix, shall limit the liability of any person under
this chapter.
(b) Response actions and damage assessment
(1) Response actions
The Secretary may undertake or authorize all necessary actions to
prevent or minimize the destruction or loss of, or injury to, sanctuary
resources, or to minimize the imminent risk of such destruction, loss,
or injury.
(2) Damage assessment
The Secretary shall assess damages to sanctuary resources in
accordance with section 1432(6) of this title.
(c) Civil actions for response costs and damages
The Attorney General, upon request of the Secretary, may commence a
civil action in the United States district court for the appropriate
district against any person or vessel who may be liable under subsection
(a) of this section for response costs and damages. The Secretary,
acting as trustee for sanctuary resources for the United States, shall
submit a request for such an action to the Attorney General whenever a
person may be liable for such costs or damages.
(d) Use of recovered amounts
Response costs and damages recovered by the Secretary under this
section shall be retained by the Secretary in the manner provided for in
section 9607(f)(1) of title 42, and used as follows:
(1) Response costs and damage assessments
Twenty percent of amounts recovered under this section, up to a
maximum balance of $750,000, shall be used to finance response actions
and damage assessments by the Secretary.
(2) Restoration, replacement, management, and improvement
Amounts remaining after the operation of paragraph (1) shall be used,
in order of priority --
(A) to restore, replace, or acquire the equivalent of the sanctuary
resources which were the subject of the action;
(B) to manage and improve the national marine sanctuary within which
are located the sanctuary resources which were the subject of the
action; and
(C) to manage and improve any other national marine sanctuary.
(3) Federal-State coordination
Amounts recovered under this section with respect to sanctuary
resources lying within the jurisdiction of a State shall be used under
paragraphs (2)(A) and (B) in accordance with the court decree or
settlement agreement and an agreement entered into by the Secretary and
the Governor of that State.
(Pub. L. 92-532, title III, 312, as added Pub. L. 100-627, title II,
204(a), Nov. 7, 1988, 102 Stat. 3215; amended Pub. L. 102-587, title
II, 2107(d), 2110, Nov. 4, 1992, 106 Stat. 5044, 5045.)
Sections 181 to 188 of title 46, Appendix, referred to in subsec.
(a)(4), was in the original a reference to sections 4281 to 4289 of the
Revised Statutes of the United States. Section 4288 of the Revised
Statutes was classified to section 175 of former Title 46, Shipping, and
was repealed by act Oct. 9, 1940, ch. 777, 7, 54 Stat. 1028.
1992 -- Subsec. (a)(1). Pub. L. 102-587, 2110(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''In
general. -- Subject to paragraph (3), any person who destroys, causes
the loss of, or injures any sanctuary resource is liable to the United
States for response costs and damages resulting from such destruction,
loss, or injury.''
Subsec. (a)(2). Pub. L. 102-587, 2110(b), inserted at end ''The
amount of that liability shall constitute a maritime lien on the vessel
and may be recovered in an action in rem in any district court of the
United States that has jurisdiction over the vessel.''
Subsec. (a)(4). Pub. L. 102-587, 2110(c), added par. (4).
Subsec. (b)(1). Pub. L. 102-587, 2110(d), which directed the
amendment of par. (1) ''by inserting 'or authorize' of 'undertake''',
was executed by inserting ''or authorize'' after ''undertake'', to
reflect the probable intent of Congress.
Subsec. (d). Pub. L. 102-587, 2107(d)(1), struck out ''and civil
penalties under section 1437 of this title'' after ''Secretary under
this section''.
Subsec. (d)(3), (4). Pub. L. 102-587, 2107(d)(2), 2110(e),
redesignated par. (4) as (3), inserted ''the court decree or settlement
agreement and'' after ''in accordance with'', and struck out former par.
(3) which read as follows: ''Amounts recovered under section 1437 of
this title in the form of civil penalties shall be used by the Secretary
in accordance with section 1437(e) of this title and paragraphs (2)(B)
and (C) of this subsection.''
Section 204(c) of Pub. L. 100-627 provided that: ''Amounts in the
form of damages received by the United States after November 30, 1986,
for destruction or loss of, or injury to, a sanctuary resource (as that
term is defined in section 302(8) of the Act (16 U.S.C. 1432(8)) (as
amended by this Act)) shall be subject to section 312 of the Act (16
U.S.C. 1443) (as amended by this Act).''
/1/ See References in Text note below.
16 USC 1444. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated to the Secretary to carry out
this chapter the following --
(1) $8,000,000 for fiscal year 1993;
(2) $12,500,000 for fiscal year 1994;
(3) $15,000,000 for fiscal year 1995; and
(4) $20,000,000 for fiscal year 1996.
(Pub. L. 92-532, title III, 313, as added Pub. L. 100-627, title II,
208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L. 101-605, 10(a),
Nov. 16, 1990, 104 Stat. 3095; Pub. L. 102-587, title II, 2111, Nov.
4, 1992, 106 Stat. 5046.)
1992 -- Pub. L. 102-587 amended section generally, substituting
provisions relating to authorization of appropriations for fiscal years
1993 to 1996 to carry out this chapter for provisions relating to
authorization of appropriations for fiscal years 1989 to 1992 to carry
out general administration, management of national marine sanctuaries
and site review and analysis of national marine sanctuaries of this
chapter.
1990 -- Par. (2)(C). Pub. L. 101-605 substituted ''$4,000,000'' for
''$3,000,000''.
16 USC 1445. U.S.S. Monitor artifacts and materials
TITLE 16 -- CONSERVATION
(a) Congressional policy
In recognition of the historical significance of the wreck of the
United States ship Monitor to coastal North Carolina and to the area off
the coast of North Carolina known as the Graveyard of the Atlantic, the
Congress directs that a suitable display of artifacts and materials from
the United States ship Monitor be maintained permanently at an
appropriate site in coastal North Carolina.
(b) Interpretation and display of artifacts
(1) Submission of plan
The Secretary shall, within six months after November 7, 1988, submit
to the Committee on Merchant Marine and Fisheries of the House of
Representatives a plan for a suitable display in coastal North Carolina
of artifacts and materials of the United States ship Monitor.
(2) Contents of plan
The plan submitted under subsection (a) of this section shall, at a
minimum, contain --
(A) an identification of appropriate sites in coastal North Carolina,
either existing or proposed, for display of artifacts and materials of
the United States ship Monitor;
(B) an identification of suitable artifacts and materials, including
artifacts recovered or proposed for recovery, for display in coastal
North Carolina;
(C) an interpretive plan for the artifacts and materials which
focuses on the sinking, discovery, and subsequent management of the
wreck of the United States ship Monitor; and
(D) a draft cooperative agreement with the State of North Carolina to
implement the plan.
(c) Disclaimer
This section shall not affect the following:
(1) Responsibilities of Secretary
The responsibilities of the Secretary to provide for the protection,
conservation, and display of artifacts and materials from the United
States ship Monitor.
(2) Authority of Secretary
The authority of the Secretary to designate the Mariner's Museum,
located at Newport News, Virginia, as the principal museum for
coordination of activities referred to in paragraph (1).
(Pub. L. 92-532, title III, 314, as added Pub. L. 100-627, title II,
208, Nov. 7, 1988, 102 Stat. 3222.)
Pub. L. 102-587, title II, 2201, Nov. 4, 1992, 106 Stat. 5047,
provided that:
''(a) Acquisition of Space. -- Pursuant to section 314 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1445) and
consistent with the Cooperative Agreement entered into in October, 1989,
between the National Oceanic and Atmospheric Administration and the
Mariner's Museum of Newport News, Virginia, the Secretary of Commerce
shall make a grant for the acquisition of space in Hatteras Village,
North Carolina, for --
''(1) the display and interpretation of artifacts recovered from the
area of the Atlantic Ocean adjacent to North Carolina generally known as
the Graveyard of the Atlantic, including artifacts recovered from the
Monitor National Marine Sanctuary; and
''(2) administration and operations of the Monitor National Marine
Sanctuary.
''(b) Authorization. -- To carry out the responsibilities of the
Secretary of Commerce under this section, there are authorized to be
appropriated to the Secretary of Commerce a total of $800,000 for fiscal
years 1993 and 1994, to remain available until expended.
''(c) Federal Share. -- Not more than two-thirds of the cost of space
acquired under this section may be paid with amounts provided pursuant
to this section.''
16 USC 1445a. Advisory Councils
TITLE 16 -- CONSERVATION
(a) Establishment
The Secretary may establish one or more advisory councils (in this
section referred to as an ''Advisory Council'') to provide assistance to
the Secretary regarding the designation and management of national
marine sanctuaries. The Advisory Councils shall be exempt from the
Federal Advisory Committee Act.
(b) Membership
Members of the Advisory Councils may be appointed from among --
(1) persons employed by Federal or State agencies with expertise in
management of natural resources;
(2) members of relevant Regional Fishery Management Councils
established under section 1852 of this title; and
(3) representatives of local user groups, conservation and other
public interest organizations, scientific organizations, educational
organizations, or others interested in the protection and multiple use
management of sanctuary resources.
(c) Limits on membership
For sanctuaries designated after November 4, 1992, the membership of
Advisory Councils shall be limited to no more than 15 members.
(d) Staffing and assistance
The Secretary may make available to an Advisory Council any staff,
information, administrative services, or assistance the Secretary
determines are reasonably required to enable the Advisory Council to
carry out its functions.
(e) Public participation and procedural matters
The following guidelines apply with respect to the conduct of
business meetings of an Advisory Council:
(1) Each meeting shall be open to the public, and interested persons
shall be permitted to present oral or written statements on items on the
agenda.
(2) Emergency meetings may be held at the call of the chairman or
presiding officer.
(3) Timely notice of each meeting, including the time, place, and
agenda of the meeting, shall be published locally and in the Federal
Register.
(4) Minutes of each meeting shall be kept and contain a summary of
the attendees and matters discussed.
(Pub. L. 92-532, title III, 315, as added Pub. L. 102-587, title II,
2112, Nov. 4, 1992, 106 Stat. 5046.)
The Federal Advisory Committee Act, referred to in subsec. (a), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Section 2112 of Pub. L. 102-587, which provided that the ''Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et
seq.) is amended by adding at the end'' new sections 315 (this section)
and 316 (set out as a Short Title note under section 1431 of this
title), was executed by adding sections 315 and 316 to the end of title
III of the Marine Protection, Research, and Sanctuaries Act of 1972,
Pub. L. 92-532, to reflect the probable intent of Congress.
16 USC CHAPTER 32A -- REGIONAL MARINE RESEARCH PROGRAMS
TITLE 16 -- CONSERVATION
Sec.
1447. Purposes.
1447a. Definitions.
1447b. Regional Marine Research Boards.
(a) Establishment.
(b) Membership.
(c) Functions.
(d) Powers.
(e) Administration.
(f) Termination.
1447c. Regional research plans.
(a) Development and amendment of regional plans.
(b) Contents of plan.
(c) Plan review and approval.
1447d. Research grant program.
(a) Program administration.
(b) Research grants.
(c) Review and approval of project proposals.
(d) Reporting.
1447e. Report on research program.
(a) Preparation and submission of report.
(b) Transmittal to Congress.
1447f. Authorization of appropriations.
(a) In general.
(b) Allocation.
16 USC 1447. Purposes
TITLE 16 -- CONSERVATION
The purpose of this chapter is to establish regional research
programs, under effective Federal oversight, to --
(1) set priorities for regional marine and coastal research in
support of efforts to safeguard the water quality and ecosystem health
of each region; and
(2) carry out such research through grants and improved coordination.
(Pub. L. 92-532, title IV, 401, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2963.)
16 USC 1447a. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, the term --
(1) ''Board'' means any Regional Marine Research board /1/
established pursuant to section 1447b(a) of this title;
(2) ''Federal agency'' means any department, agency, or other
instrumentality of the Federal Government, including any independent
agency or establishment of the Federal Government and any government
corporation;
(3) ''local government'' means any city, town, borough, county,
parish, district, or other public body which is a political subdivision
of a State and which is created pursuant to State law;
(4) ''marine and coastal waters'' means estuaries, waters of the
estuarine zone, including wetlands, any other waters seaward of the
historic height of tidal influence, the territorial seas, the contiguous
zone, and the ocean;
(5) ''nonprofit organization'' means any organization, association,
or institution described in section 501(c)(3) of title 26 which is
exempt from taxation pursuant to section 501(a) of title 26;
(6) ''region'' means 1 of the 9 regions described in section 1447b(a)
of this title; and
(7) ''State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 92-532, title IV, 402, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2963.)
/1/ So in original. Probably should be capitalized.
16 USC 1447b. Regional Marine Research Boards
TITLE 16 -- CONSERVATION
(a) Establishment
A Regional Marine Research board /1/ shall be established for each of
the following regions:
(1) the Gulf of Maine region, comprised of the marine and coastal
waters off the State of Maine, New Hampshire, and Massachusetts (north
of Cape Cod);
(2) the greater New York bight region, comprised of the marine and
coastal waters off the States of Massachusetts (south of Cape Cod),
Rhode Island, Connecticut, New York, and New Jersey, from Cape Cod to
Cape May;
(3) the mid-Atlantic region, comprised of the marine and coastal
waters off the States of New Jersey, Delaware, Maryland, Virginia, and
North Carolina, from Cape May to Cape Fear;
(4) the South Atlantic region, comprised of the marine and coastal
waters off the States of North Carolina, South Carolina, Georgia, and
Florida, from Cape Fear to the Florida Keys, including the marine and
coastal waters off Puerto Rico and the United States Virgin Islands;
(5) the Gulf of Mexico region, comprised of the marine and coastal
waters off the States of Florida, Alabama, Mississippi, Louisiana, and
Texas, along the Gulf coast from the Florida Keys to the Mexican border;
(6) the California region, comprised of the marine and coastal waters
off the State of California, from Point Reyes to the Mexican border;
(7) the North Pacific region, comprised of the marine and coastal
waters off the States of California, Oregon, and Washington, from Point
Reyes to the Canadian border;
(8) the Alaska region, comprised of the marine and coastal waters off
the State of Alaska; and
(9) insular Pacific region, comprised of the marine and coastal
waters off the State of Hawaii, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
The Great Lakes Research Office authorized under section 1268(d) of
title 33 shall be responsible for research in the Great Lakes region and
shall be considered the Great Lakes counterpart to the research program
established pursuant to this chapter.
(b) Membership
(1) Composition
Each Board shall be comprised of 11 members of which --
(A) 3 members shall be appointed by the Administrator of the National
Oceanic and Atmospheric Administration, including 1 member who shall be
a Sea Grant Program Director from a State within such region, who shall
serve as chairman of the board; /1/
(B) 2 members shall be appointed by the Administrator of the
Environmental Protection Agency; and
(C) 6 members shall be appointed by Governors of States located
within the region.
(2) Qualifications
Each individual appointed as a member of a Board shall possess
expertise, pertinent to the region concerned, in scientific research,
coastal zone management, fishery management, water quality management,
State and local government, or any other area which is directly relevant
to the functions of the Board. A majority of the members of each Board
shall be trained in a field of marine or aquatic science and shall be
currently engaged in research or research administration.
(3) Terms
Each appointed member of a Board shall serve for a term of 4 years.
(4) Vacancies
In the event of a vacancy, a replacement member shall be appointed in
the same manner and in accordance with the same requirements as the
member being replaced and shall serve the remainder of the term of the
replaced member.
(5) Reimbursement of expenses
Each appointed member of a Board may be paid actual travel expenses,
and per diem in lieu of subsistence expenses when away from the member's
usual place of residence, in accordance with section 5703 of title 5,
when engaged in the actual performance of Board duties.
(c) Functions
Each Board shall, in accordance with the provisions of this chapter
--
(1) develop and submit to the Administrators of the National Oceanic
and Atmospheric Administration and the Environmental Protection Agency a
marine research plan, including periodic amendments thereto, that meets
the requirements of section 1447c of this title;
(2) provide a forum for coordinating research among research
institutions and agencies;
(3) provide for review and comment on research plans by affected
users and interests, such as the commercial and recreational fishing
industries, other marine industries, State and local government
entities, and environmental organizations;
(4) ensure that the highest quality of research projects will be
conducted to carry out the comprehensive plan; and
(5) prepare, for submission to Congress, a periodic report on the
marine environmental research issues and activities within the region in
accordance with section 1447e of this title.
(d) Powers
Each Board shall be authorized to --
(1) cooperate with Federal agencies, with States and with local
government entities, interstate and regional agencies, other public
agencies and authorities, nonprofit institutions, laboratories, and
organizations, or other appropriate persons, in the preparation and
support of marine research in the region;
(2) enter into contracts, cooperative agreements or grants to State
and local governmental entities, other public agencies or institutions,
and non-profit institutions and organizations for purposes of carrying
out the provisions of this chapter;
(3) collect and make available through publications and other
appropriate means, the results of, and other information pertaining to,
the research conducted in the region;
(4) call conferences on regional marine research and assessment
issues, giving opportunity for interested persons to be heard and
present papers at such conferences;
(5) develop and stimulate, in consultation with the Department of
State, joint marine research projects with foreign nations;
(6) utilize facilities and personnel of existing Federal agencies,
including scientific laboratories and research facilities;
(7) accept, and for all general purposes of this Act, utilize funds
from other sources, including but not limited to State and local funds,
university funds, and donations; and
(8) acquire secret processes, inventions, patent applications,
patents, licenses, and property rights, by purchase, license, lease, or
donation.
(e) Administration
(1) Practices and procedures
Each Board shall determine its organization, and prescribe its
practices and procedures for carrying out its functions under this
chapter. Each Board should use existing research administrative
capability to the extent practicable.
(2) Committees and subcommittees
Each Board shall establish such committees and subcommittees as are
appropriate in the performance of its functions.
(3) Staff and support
Each Board is authorized to hire such staff as are necessary to carry
out the functions of the Board.
(f) Termination
Each Board shall cease to exist on October 1, 1999, unless extended
by Congress.
(Pub. L. 92-532, title IV, 403, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2964.)
This Act, referred to in subsec. (d)(7), means Pub. L. 92-532,
which enacted this chapter, chapter 32 ( 1431 et seq.) of this title,
and chapters 27 ( 1401 et seq.) and 41 ( 2801 et seq.) of Title 33,
Navigation and Navigable Waters.
/1/ So in original. Probably should be capitalized.
16 USC 1447c. Regional research plans
TITLE 16 -- CONSERVATION
(a) Development and amendment of regional plans
(1) In general
Each Board shall develop a comprehensive 4-year marine research plan
for the region for which the Board is responsible, and shall amend the
plan at such times as the Board considers necessary to reflect changing
conditions, but no less frequently than once every 4 years.
(2) Review and consideration of national plan
In the development and amendment of its research plan, the Board
shall consider findings and recommendations of the national plan
developed pursuant to the National Ocean Pollution Planning Act of 1978
(33 U.S.C. 1701 et seq.). /1/
(b) Contents of plan
Such marine research plan shall include --
(1) an overview of the environmental quality conditions in the
coastal and marine waters of the region and expected trends in these
conditions;
(2) a comprehensive inventory and description of all marine research
related to water quality and ecosystem health expected to be conducted
in the region during the 4-year term of the research plan;
(3) a statement and explanation of the marine research needs and
priorities applicable to the marine and coastal waters of the region
over the upcoming 10-year period with emphasis on the upcoming 3-to-5
year period;
(4) an assessment of how the plan will incorporate existing marine,
coastal, and estuarine research and management in the region, including
activities pursuant to section 1330 of title 33 and section 1461 of this
title; and
(5) a general description of marine research and monitoring
objectives and timetables for achievement through the funding of
projects under this chapter during the 4-year period covered by the plan
so as to meet the priorities specified in the plan in accordance with
paragraph (3).
(c) Plan review and approval
(1) In general
When a Board has developed a marine research plan, including
amendments thereto, the Board shall submit the plan to the Administrator
of the National Oceanic and Atmospheric Administration and the
Administration of the Environmental Protection Agency, who shall jointly
determine whether the plan meets the requirements of subsection (b) of
this section.
(2) Time for approval or disapproval
The Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the Environmental Protection
Agency, shall jointly approve or disapprove such research plan within
120 days after receiving the plan.
(3) Action after disapproval
In the case of disapproval of such research plan, the Administrator
of the National Oceanic and Atmospheric Administration and the
Administrator of the Environmental Protection Agency shall jointly
notify the appropriate Board in writing, stating in detail the revisions
necessary to obtain approval of the plan. Such Administrators shall
approve or disapprove the revised plan within 90 days after receiving
the revised plan from the Board.
(Pub. L. 92-532, title IV, 404, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2966.)
The National Ocean Pollution Planning Act of 1978, referred to in
subsec. (a)(2), is Pub. L. 95-273, May 8, 1978, 92 Stat. 228, as
amended, which was classified generally to chapter 31 ( 1701 et seq.) of
Title 33, Navigation and Navigable Waters, and was repealed by Pub. L.
102-567, title II, 204, Oct. 29, 1992, 106 Stat. 4282.
/1/ See References in Text note below.
16 USC 1447d. Research grant program
TITLE 16 -- CONSERVATION
(a) Program administration
The Administrator of the National Oceanic and Atmospheric
Administration shall administer a grant program to support the
administrative functions of each Board.
(b) Research grants
(1) Each Board may annually submit a grant application to the
Administrator of the National Oceanic and Atmospheric Administration to
fund projects aimed at achieving the research priorities set forth in
each research plan, including amendments thereto, developed and approved
pursuant to section 1447c of this title.
(2) Projects eligible for funding under this section shall include
research, investigations, studies, surveys, or demonstrations with
respect to --
(A) baseline assessment of marine environmental quality, including
chemical, physical, and biological indicators of environmental quality;
(B) effects or potential effects of contaminants, including
nutrients, toxic chemicals and heavy metals, on the environment,
including marine and aquatic organisms;
(C) effects of modification of habitats, including coastal wetlands,
seagrass beds and reefs, on the environment, including marine organisms;
(D) assessment of impacts of pollutant sources and pollutant
discharges into the coastal environment;
(E) transport, dispersion, transformation, and fate and effect of
contaminants in the marine environment;
(F) marine and estuarine habitat assessment and restoration;
(G) methods and techniques for modeling environmental quality
conditions and trends;
(H) methods and techniques for sampling of water, sediment, marine
and aquatic organisms, and demonstration of such methods and techniques;
(I) the effects on human health and the environment of contaminants
or combinations of contaminants at various levels, whether natural or
anthropogenic, that are found in the marine environment;
(J) environmental assessment of potential effects of major coastal
and offshore development projects in the region;
(K) assessment of the effects of climate change on marine resources
in the region; and
(L) analysis and interpretation of research data for the benefit of
State and local environmental protection and resource management
agencies in the region.
(3) Grant applications submitted pursuant to this subsection shall
include --
(A) a description of the specific research projects to be conducted;
(B) identification of the organization responsible for each project
and the principal investigator directing the project;
(C) a budget statement for each project;
(D) a schedule of milestones and interim products for each research
project;
(E) a description of the relationship of the proposed project to the
goals, objectives, and priorities of the research plan for the region
and to other research projects; and
(F) any other information which may be required by the Administrator.
(c) Review and approval of project proposals
(1) The Administrator of the National Oceanic and Atmospheric
Administration shall review the annual grant application and, with the
concurrence of the Administrator of the Environmental Protection Agency,
approve such grant application with such conditions as are determined to
be appropriate based on peer reviews conducted pursuant to paragraph
(2).
(2) The Administrator of the National Oceanic and Atmospheric
Administration shall develop a system of peer review of grant
applications which shall ensure that only the highest quality research
is approved for funding and that each project is reviewed by research
scientists outside the region concerned.
(d) Reporting
Any recipient of a grant under this section shall report to the
appropriate Board, not later than 18 months after award of the grant, on
the activities of such recipient conducted pursuant to this subsection.
Such report shall include narrative summaries and technical data in such
form as the Administrator of the National Oceanic and Atmospheric
Administration may require.
(Pub. L. 92-532, title IV, 405, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2967.)
16 USC 1447e. Report on research program
TITLE 16 -- CONSERVATION
(a) Preparation and submission of report
Each Board receiving a grant under section 1447d of this title shall,
not later than 2 years after the approval of its comprehensive plan
under section 1447d of this title and at 2-year intervals thereafter,
prepare and submit to the Administrator of the National Oceanic and
Atmospheric Administration and the Administrator of the Environmental
Protection Agency a report describing --
(1) the findings and conclusions of research projects conducted in
the region;
(2) recommendations for improvements in the design or implementation
of programs for the protection of the marine environment; and
(3) available data and information concerning ecosystem health within
the region.
(b) Transmittal to Congress
Upon receipt of a report prepared by a Board under subsection (a) of
this section, the Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the Environmental Protection
Agency shall transmit a copy of such report to the Committees on
Commerce, Science, and Transportation and on Environment and Public
Works of the Senate and to the Committee on Merchant Marine and
Fisheries of the House of Representatives.
(Pub. L. 92-532, title IV, 406, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2969.)
16 USC 1447f. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) In general
For purposes of carrying out the provisions of this chapter, there
are authorized to be appropriated $18,000,000 for each of the fiscal
years 1992 through 1996.
(b) Allocation
(1) Of funds appropriated in any fiscal year, not more than $500,000
shall be reserved for administration of this chapter by the National
Oceanic and Atmospheric Administration and the Environmental Protection
Agency.
(2) Funds appropriated in a fiscal year which are available after
allocation pursuant to paragraph (1), shall be used to support the
administrative costs of Boards established pursuant to section 1447b(a)
of this title, provided that such funding does not exceed $300,000 for
each research Board in each fiscal year.
(3) Seventy-five percent of funds appropriated in a fiscal year
available after allocation pursuant to paragraphs (1) and (2), shall be
allocated equally among Boards located in regions submitting research
project grant applications pursuant to section 1447d(b) of this title.
(4) Twenty-five percent of funds appropriated in a fiscal year
available after allocation pursuant to paragraphs (1) and (2), shall be
allocated among Boards located in regions submitting research project
grant applications pursuant to section 1447d(b) of this title which, in
the judgment of the Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Administrator of
the Environmental Protection Agency, propose the most needed and highest
quality research.
(Pub. L. 92-532, title IV, 407, as added Pub. L. 101-593, title III,
301, Nov. 16, 1990, 104 Stat. 2969.)
16 USC CHAPTER 33 -- COASTAL ZONE MANAGEMENT
TITLE 16 -- CONSERVATION
Sec.
1451. Congressional findings.
1452. Congressional declaration of policy.
1453. Definitions.
1454. Management program development grants.
1455. Administrative grants.
(a) Authorization; matching funds.
(b) Grants to coastal states; requirements.
(c) Allocation of grants to coastal states.
(d) Mandatory adoption of State management program for coastal zone.
(e) Amendment or modification of State management program for coastal
zone.
1455a. Coastal resource improvement program.
(a) Definitions.
(b) Resource management improvement grants.
(c) Uses, terms and conditions of grants.
(d) State matching contributions; ratio; maximum amount of grants.
(e) Allocation of grants to local governments and other agencies.
(f) Other technical and financial assistance.
1455b. Protecting coastal waters.
(a) In general.
(b) Program contents.
(c) Program submission, approval, and implementation.
(d) Technical assistance.
(e) Inland coastal zone boundaries.
(f) Financial assistance.
(g) Guidance for coastal nonpoint source pollution control.
(h) Authorization of appropriations.
(i) Definitions.
1456. Coordination and cooperation.
(a) Federal agencies.
(b) Adequate consideration of views of Federal agencies.
(c) Consistency of Federal activities with State management programs;
Presidential exemption; certification.
(d) Application of local governments for Federal assistance;
relationship of activities with approved management programs.
(e) Construction with other laws.
(f) Construction with existing requirements of water and air
pollution programs.
(g) Concurrence with programs which affect inland areas.
(h) Mediation of disagreements.
(i) Application fee for appeals.
1456a. Coastal Zone Management Fund.
1456b. Coastal zone enhancement grants.
(a) ''Coastal zone enhancement objective'' defined.
(b) Limits on grants.
(c) Evaluation of State proposals by Secretary.
(d) Promulgation of regulations by Secretary.
(e) No State contribution required.
(f) Funding.
(g) Eligibility; suspension of State for noncompliance.
1456c. Technical assistance.
1457. Public hearings.
1458. Review of performance.
(a) Evaluation of adherence with terms of grant.
(b) Public participation; notice of meetings; reports.
(c) Suspension of financial assistance for noncompliance;
notification of Governor; length of suspension.
(d) Withdrawal of approval of program.
(e) Notice and hearing.
1459. Records and audit.
(a) Maintenance of records by recipients of grants or financial
assistance.
(b) Access by Secretary and Comptroller General to records, books,
etc., of recipients of grants or financial assistance for audit and
examination.
1460. Walter B. Jones excellence in coastal zone management awards.
(a) Establishment.
(b) Annual selection of recipients.
(c) Solicitation of nominations for local government recipients.
(d) Solicitation of nominations for graduate student recipients.
(e) Funding; types of awards.
1461. National Estuarine Research Reserve System.
(a) Establishment of System.
(b) Designation of national estuarine reserves.
(c) Estuarine research guidelines.
(d) Promotion and coordination of estuarine research.
(e) Financial assistance.
(f) Evaluation of System performance.
(g) Report.
1462. Coastal zone management reports.
(a) Biennial reports.
(b) Recommendations for legislation.
(c) Review of other Federal programs; report to Congress.
1463. Rules and regulations.
1463a. Omitted.
1463b. National Coastal Resources Research and Development
Institute.
(a) Establishment by Secretary; administration.
(b) Purposes of Institute.
(c) Determination of Institute policies.
(d) Establishment of Advisory Council; functions and composition.
(e) Administration of Institute.
(f) Evaluation of Institute by Secretary.
(g) Report to Secretary.
(h) Access to Institute books, records, and documents.
(i) Status of Institute employees.
(j) Authorization of appropriations.
1464. Authorization of appropriations.
(a) Sums appropriated to Secretary.
(b) Sums appropriated to Fund.
(c) Limitations.
(d) Reversion to Secretary of unobligated State funds; availability
of funds.
1508, 2801; title 42 sections 9111, 9115; title 43
sections 1351, 1866; title 46 section 13101.
16 USC 1451. Congressional findings
TITLE 16 -- CONSERVATION
The Congress finds that --
(a) There is a national interest in the effective management,
beneficial use, protection, and development of the coastal zone.
(b) The coastal zone is rich in a variety of natural, commercial,
recreational, ecological, industrial, and esthetic resources of
immediate and potential value to the present and future well-being of
the Nation.
(c) The increasing and competing demands upon the lands and waters of
our coastal zone occasioned by population growth and economic
development, including requirements for industry, commerce, residential
development, recreation, extraction of mineral resources and fossil
fuels, transportation and navigation, waste disposal, and harvesting of
fish, shellfish, and other living marine resources, have resulted in the
loss of living marine resources, wildlife, nutrient-rich areas,
permanent and adverse changes to ecological systems, decreasing open
space for public use, and shoreline erosion.
(d) The habitat areas of the coastal zone, and the fish, shellfish,
other living marine resources, and wildlife therein, are ecologically
fragile and consequently extremely vulnerable to destruction by man's
alterations.
(e) Important ecological, cultural, historic, and esthetic values in
the coastal zone which are essential to the well-being of all citizens
are being irretrievably damaged or lost.
(f) New and expanding demands for food, energy, minerals, defense
needs, recreation, waste disposal, transportation, and industrial
activities in the Great Lakes, territorial sea, exclusive economic zone,
and Outer Continental Shelf are placing stress on these areas and are
creating the need for resolution of serious conflicts among important
and competing uses and values in coastal and ocean waters;
(g) Special natural and scenic characteristics are being damaged by
ill-planned development that threatens these values.
(h) In light of competing demands and the urgent need to protect and
to give high priority to natural systems in the coastal zone, present
state and local institutional arrangements for planning and regulating
land and water uses in such areas are inadequate.
(i) The key to more effective protection and use of the land and
water resources of the coastal zone is to encourage the states to
exercise their full authority over the lands and waters in the coastal
zone by assisting the states, in cooperation with Federal and local
governments and other vitally affected interests, in developing land and
water use programs for the coastal zone, including unified policies,
criteria, standards, methods, and processes for dealing with land and
water use decisions of more than local significance.
(j) The national objective of attaining a greater degree of energy
self-sufficiency would be advanced by providing Federal financial
assistance to meet state and local needs resulting from new or expanded
energy activity in or affecting the coastal zone.
(k) Land uses in the coastal zone, and the uses of adjacent lands
which drain into the coastal zone, may significantly affect the quality
of coastal waters and habitats, and efforts to control coastal water
pollution from land use activities must be improved.
(l) Because global warming may result in a substantial sea level rise
with serious adverse effects in the coastal zone, coastal states must
anticipate and plan for such an occurrence.
(m) Because of their proximity to and reliance upon the ocean and its
resources, the coastal states have substantial and significant interests
in the protection, management, and development of the resources of the
exclusive economic zone that can only be served by the active
participation of coastal states in all Federal programs affecting such
resources and, wherever appropriate, by the development of state ocean
resource plans as part of their federally approved coastal zone
management programs.
(Pub. L. 89-454, title III, 302, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1280; amended Pub. L. 94-370, 2, July 26, 1976, 90
Stat. 1013; Pub. L. 96-464, 2, Oct. 17, 1980, 94 Stat. 2060; Pub. L.
101-508, title VI, 6203(a), Nov. 5, 1990, 104 Stat. 1388-300.)
1990 -- Subsec. (d). Pub. L. 101-508, 6203(a)(1), inserted
''habitat areas of the'' before ''coastal zone''.
Subsec. (f). Pub. L. 101-508, 6203(a)(2), inserted ''exclusive
economic zone,'' after ''territorial sea,''.
Subsecs. (k) to (m). Pub. L. 101-508, 6203(a)(3), added subsecs.
(k) to (m).
1980 -- Subsecs. (f) to (j). Pub. L. 96-464, 2(1), (2), added
subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j),
respectively.
1976 -- Subsec. (b). Pub. L. 94-370, 2(1), inserted ''ecological,''
after ''recreational,''.
Subsec. (i). Pub. L. 94-370, 2(3), added subsec. (i).
Section 6201 of title VI of Pub. L. 101-508 provided that: ''This
subtitle (subtitle C ( 6201-6217) of title VI of Pub. L. 101-508,
enacting sections 1455b, 1456c, and 1460 of this title, amending this
section and sections 1452 to 1456b, 1458, 1461, and 1464 of this title,
and enacting provisions set out as notes under this section and section
1455 of this title) may be cited as the 'Coastal Zone Act
Reauthorization Amendments of 1990'.''
Pub. L. 99-272, title VI, 6041, Apr. 7, 1986, 100 Stat. 124,
provided that: ''This subtitle (subtitle D ( 6041-6047) of title VI of
Pub. L. 99-272, amending sections 1455, 1455a, 1456a, 1458, 1461, and
1464 of this title, repealing sections 1456c and 1460 of this title, and
repealing provisions set out as a note under this section) may be cited
as the 'Coastal Zone Management Reauthorization Act of 1985'.''
Section 1 of Pub. L. 96-464 provided: ''That this Act (enacting
sections 1455a and 1463a of this title, amending this section and
sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464 of
this title, and enacting provisions set out as notes under sections
1455, 1458, and 1463a of this title) may be cited as the 'Coastal Zone
Management Improvement Act of 1980'.''
Section 1 of Pub. L. 94-370 provided: ''That this Act (enacting
section 1511a of Title 15, Commerce and Trade, and sections 1456a to
1456c of this title, amending this section, sections 1453 to 1456 and
1457 to 1464 of this title, and section 5316 of Title 5, Government
Organization and Employees, and enacting provisions set out as notes
under section 1511a of Title 15 and section 1462 of this title) may be
cited as the 'Coastal Zone Management Act Amendments of 1976'.''
Section 301 of title III of Pub. L. 89-454, as added by Pub. L.
92-583, provided that: ''This title (enacting this chapter) may be
cited as the 'Coastal Zone Management Act of 1972'.''
Section 6202 of Pub. L. 101-508 provided that:
''(a) Findings. -- Congress finds and declares the following:
''(1) Our oceans, coastal waters, and estuaries constitute a unique
resource. The condition of the water quality in and around the coastal
areas is significantly declining. Growing human pressures on the
coastal ecosystem will continue to degrade this resource until adequate
actions and policies are implemented.
''(2) Almost one-half of our total population now lives in coastal
areas. By 2010, the coastal population will have grown from 80,000,000
in 1960 to 127,000,000 people, an increase of approximately 60 percent,
and population density in coastal counties will be among the highest in
the Nation.
''(3) Marine resources contribute to the Nation's economic stability.
Commercial and recreational fishery activities support an industry with
an estimated value of $12,000,000,000 a year.
''(4) Wetlands play a vital role in sustaining the coastal economy
and environment. Wetlands support and nourish fishery and marine
resources. They also protect the Nation's shores from storm and wave
damage. Coastal wetlands contribute an estimated $5,000,000,000 to the
production of fish and shellfish in the United States coastal waters.
Yet, 50 percent of the Nation's coastal wetlands have been destroyed,
and more are likely to decline in the near future.
''(5) Nonpoint source pollution is increasingly recognized as a
significant factor in coastal water degradation. In urban areas, storm
water and combined sewer overflow are linked to major coastal problems,
and in rural areas, run-off from agricultural activities may add to
coastal pollution.
''(6) Coastal planning and development control measures are essential
to protect coastal water quality, which is subject to continued ongoing
stresses. Currently, not enough is being done to manage and protect our
coastal resources.
''(7) Global warming results from the accumulation of man-made gases,
released into the atmosphere from such activities as the burning of
fossil fuels, deforestation, and the production of chlorofluorocarbons,
which trap solar heat in the atmosphere and raise temperatures
worldwide. Global warming could result in significant global sea level
rise by 2050 resulting from ocean expansion, the melting of snow and
ice, and the gradual melting of the polar ice cap. Sea level rise will
result in the loss of natural resources such as beaches, dunes,
estuaries, and wetlands, and will contribute to the salinization of
drinking water supplies. Sea level rise will also result in damage to
properties, infrastructures, and public works. There is a growing need
to plan for sea level rise.
''(8) There is a clear link between coastal water quality and land
use activities along the shore. State management programs under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) are among
the best tools for protecting coastal resources and must play a larger
role, particularly in improving coastal zone water quality.
''(9) All coastal States should have coastal zone management programs
in place that conform to the Coastal Zone Management Act of 1972, as
amended by this Act.
''(b) Purpose. -- It is the purpose of Congress in this subtitle (see
Short Title of 1990 Amendment note above) to enhance the effectiveness
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) by
increasing our understanding of the coastal environment and expanding
the ability of State coastal zone management programs to address coastal
environmental problems.''
Section 15(c) of Pub. L. 94-370, which related to establishment and
compensation of four new positions without regard to the provisions of
chapter 51 of Title 5, Government Organization and Employees, was
repealed by Pub. L. 99-272, title VI, 6045(3), Apr. 7, 1986, 100
Stat. 127.
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 1452. Congressional declaration of policy
TITLE 16 -- CONSERVATION
The Congress finds and declares that it is the national policy --
(1) to preserve, protect, develop, and where possible, to restore or
enhance, the resources of the Nation's coastal zone for this and
succeeding generations;
(2) to encourage and assist the states to exercise effectively their
responsibilities in the coastal zone through the development and
implementation of management programs to achieve wise use of the land
and water resources of the coastal zone, giving full consideration to
ecological, cultural, historic, and esthetic values as well as the needs
for compatible economic development, which programs should at least
provide for --
(A) the protection of natural resources, including wetlands, flood
plains, estuaries, beaches, dunes, barrier islands, coral reefs, and
fish and wildlife and their habitat, within the coastal zone,
(B) the management of coastal development to minimize the loss of
life and property caused by improper development in flood-prone, storm
surge, geological hazard, and erosion-prone areas and in areas likely to
be affected by or vulnerable to sea level rise, land subsidence, and
saltwater intrusion, and by the destruction of natural protective
features such as beaches, dunes, wetlands, and barrier islands,
(C) the management of coastal development to improve, safeguard, and
restore the quality of coastal waters, and to protect natural resources
and existing uses of those waters,
(D) priority consideration being given to coastal-dependent uses and
orderly processes for siting major facilities related to national
defense, energy, fisheries development, recreation, ports and
transportation, and the location, to the maximum extent practicable, of
new commercial and industrial developments in or adjacent to areas where
such development already exists,
(E) public access to the coasts for recreation purposes,
(F) assistance in the redevelopment of deteriorating urban
waterfronts and ports, and sensitive preservation and restoration of
historic, cultural, and esthetic coastal features,
(G) the coordination and simplification of procedures in order to
ensure expedited governmental decisionmaking for the management of
coastal resources,
(H) continued consultation and coordination with, and the giving of
adequate consideration to the views of, affected Federal agencies,
(I) the giving of timely and effective notification of, and
opportunities for public and local government participation in, coastal
management decisionmaking,
(J) assistance to support comprehensive planning, conservation, and
management for living marine resources, including planning for the
siting of pollution control and aquaculture facilities within the
coastal zone, and improved coordination between State and Federal
coastal zone management agencies and State and wildlife agencies, and
(K) the study and development, in any case in which the Secretary
considers it to be appropriate, of plans for addressing the adverse
effects upon the coastal zone of land subsidence and of sea level rise;
and
(3) to encourage the preparation of special area management plans
which provide for increased specificity in protecting significant
natural resources, reasonable coastal-dependent economic growth,
improved protection of life and property in hazardous areas, including
those areas likely to be affected by land subsidence, sea level rise, or
fluctuating water levels of the Great Lakes, and improved predictability
in governmental decisionmaking;
(4) to encourage the participation and cooperation of the public,
state and local governments, and interstate and other regional agencies,
as well as of the Federal agencies having programs affecting the coastal
zone, in carrying out the purposes of this chapter;
(5) to encourage coordination and cooperation with and among the
appropriate Federal, State, and local agencies, and international
organizations where appropriate, in collection, analysis, synthesis, and
dissemination of coastal management information, research results, and
technical assistance, to support State and Federal regulation of land
use practices affecting the coastal and ocean resources of the United
States; and
(6) to respond to changing circumstances affecting the coastal
environment and coastal resource management by encouraging States to
consider such issues as ocean uses potentially affecting the coastal
zone.
(Pub. L. 89-454, title III, 303, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1281; amended Pub. L. 96-464, 3, Oct. 17, 1980, 94
Stat. 2060; Pub. L. 101-508, title VI, 6203(b), Nov. 5, 1990, 104
Stat. 1388-301; Pub. L. 102-587, title II, 2205(b)(2), Nov. 4, 1992,
106 Stat. 5050.)
1992 -- Par. (2). Pub. L. 102-587 made technical amendment to
directory language of Pub. L. 101-508, 6203(b)(1). See 1990 Amendment
note below.
1990 -- Par. (2). Pub. L. 101-508, 6203(b)(1), as amended by Pub.
L. 102-587, substituted ''as well as the needs for compatible'' for ''as
well as to needs for''.
Par. (2)(B). Pub. L. 101-508, 6203(b)(2), substituted ''likely to be
affected by or vulnerable to sea level rise, land subsidence,'' for ''of
subsidence''.
Par. (2)(C) to (J). Pub. L. 101-508, 6203(b)(3), redesignated
subpars. (C) to (I) as (D) to (J), respectively, and added subpar.
(C).
Par. (2)(K). Pub. L. 101-508, 6203(b)(4), added subpar. (K).
Par. (3). Pub. L. 101-508, 6203(b)(5), inserted ''including those
areas likely to be affected by land subsidence, sea level rise, or
fluctuating water levels of the Great Lakes,'' after ''hazardous
areas,''.
Pars. (5), (6). Pub. L. 101-508, 6203(b)(6), added pars. (5) and
(6).
1980 -- Pub. L. 96-464, in amending section generally, expanded
declaration of policy to provide for higher level of protection for
significant natural coastal resources and inserted provisions for
special area management planning to increase predictability for
necessary coastal-dependent economic growth, improve hazard mitigation,
and improve predictability in government decisionmaking.
16 USC 1453. Definitions
TITLE 16 -- CONSERVATION
For purposes of this chapter --
(1) The term ''coastal zone'' means the coastal waters (including the
lands therein and thereunder) and the adjacent shorelands (including the
waters therein and thereunder), strongly influenced by each other and in
proximity to the shorelines of the several coastal states, and includes
islands, transitional and intertidal areas, salt marshes, wetlands, and
beaches. The zone extends, in Great Lakes waters, to the international
boundary between the United States and Canada and, in other areas,
seaward to the outer limit of State title and ownership under the
Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917
(48 U.S.C. 749) (48 U.S.C. 731 et seq.), the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with the
United States of America, as approved by the Act of March 24, 1976 (48
U.S.C. 1681 note), or section 1 of the Act of November 20, 1963 (48
U.S.C. 1705), as applicable. The zone extends inland from the
shorelines only to the extent necessary to control shorelands, the uses
of which have a direct and significant impact on the coastal waters, and
to control those geographical areas which are likely to be affected by
or vulnerable to sea level rise. Excluded from the coastal zone are
lands the use of which is by law subject solely to the discretion of or
which is held in trust by the Federal Government, its officers or
agents.
(2) The term ''coastal resource of national significance'' means any
coastal wetland, beach, dune, barrier island, reef, estuary, or fish and
wildlife habitat, if any such area is determined by a coastal state to
be of substantial biological or natural storm protective value.
(3) The term ''coastal waters'' means (A) in the Great Lakes area,
the waters within the territorial jurisdiction of the United States
consisting of the Great Lakes, their connecting waters, harbors,
roadsteads, and estuary-type areas such as bays, shallows, and marshes
and (B) in other areas, those waters, adjacent to the shorelines, which
contain a measurable quantity or percentage of sea water, including, but
not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.
(4) The term ''coastal state'' means a state of the United States in,
or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or one or more of the Great Lakes. For the
purposes of this chapter, the term also includes Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territories of the Pacific Islands, and American Samoa.
(5) The term ''coastal energy activity'' means any of the following
activities if, and to the extent that (A) the conduct, support, or
facilitation of such activity requires and involves the siting,
construction, expansion, or operation of any equipment or facility; and
(B) any technical requirement exists which, in the determination of the
Secretary, necessitates that the siting, construction, expansion, or
operation of such equipment or facility be carried out in, or in close
proximity to, the coastal zone of any coastal state;
(i) Any outer Continental Shelf energy activity.
(ii) Any transportation, conversion, treatment, transfer, or storage
of liquefied natural gas.
(iii) Any transportation, transfer, or storage of oil, natural gas,
or coal (including, but not limited to, by means of any deepwater port,
as defined in section 1502(10) of title 33).
For purposes of this paragraph, the siting, construction, expansion,
or operation of any equipment or facility shall be ''in close proximity
to'' the coastal zone of any coastal state if such siting, construction,
expansion, or operation has, or is likely to have, a significant effect
on such coastal zone.
(6) The term ''energy facilities'' means any equipment or facility
which is or will be used primarily --
(A) in the exploration for, or the development, production,
conversion, storage, transfer, processing, or transportation of, any
energy resource; or
(B) for the manufacture, production, or assembly of equipment,
machinery, products, or devices which are involved in any activity
described in subparagraph (A).
The term includes, but is not limited to (i) electric generating
plants; (ii) petroleum refineries and associated facilities; (iii)
gasification plants; (iv) facilities used for the transportation,
conversion, treatment, transfer, or storage of liquefied natural gas;
(v) uranium enrichment or nuclear fuel processing facilities; (vi) oil
and gas facilities, including platforms, assembly plants, storage
depots, tank farms, crew and supply bases, and refining complexes;
(vii) facilities including deepwater ports, for the transfer of
petroleum; (viii) pipelines and transmission facilities; and (ix)
terminals which are associated with any of the foregoing.
(6a) The term ''enforceable policy'' means State policies which are
legally binding through constitutional provisions, laws, regulations,
land use plans, ordinances, or judicial or administrative decisions, by
which a State exerts control over private and public land and water uses
and natural resources in the coastal zone.
(7) The term ''estuary'' means that part of a river or stream or
other body of water having unimpaired connection with the open sea,
where the sea water is measurably diluted with fresh water derived from
land drainage. The term includes estuary-type areas of the Great Lakes.
(8) The term ''estuarine sanctuary'' means a research area which may
include any part or all of an estuary and any island, transitional area,
and upland in, adjoining, or adjacent to such estuary, and which
constitutes to the extent feasible a natural unit, set aside to provide
scientists and students the opportunity to examine over a period of time
the ecological relationships within the area.
(9) The term ''Fund'' means the Coastal Zone Management Fund
established under section 1456a(b) of this title.
(10) The term ''land use'' means activities which are conducted in,
or on the shorelands within, the coastal zone, subject to the
requirements outlined in section 1456(g) of this title.
(11) The term ''local government'' means any political subdivision
of, or any special entity created by, any coastal state which (in whole
or part) is located in, or has authority over, such state's coastal zone
and which (A) has authority to levy taxes, or to establish and collect
user fees, or (B) provides any public facility or public service which
is financed in whole or part by taxes or user fees. The term includes,
but is not limited to, any school district, fire district,
transportation authority, and any other special purpose district or
authority.
(12) The term ''management program'' includes, but is not limited to,
a comprehensive statement in words, maps, illustrations, or other media
of communication, prepared and adopted by the state in accordance with
the provisions of this chapter, setting forth objectives, policies, and
standards to guide public and private uses of lands and waters in the
coastal zone.
(13) The term ''outer Continental Shelf energy activity'' means any
exploration for, or any development or production of, oil or natural gas
from the outer Continental Shelf (as defined in section 1331(a) of title
43) or the siting, construction, expansion, or operation of any new or
expanded energy facilities directly required by such exploration,
development, or production.
(14) The term ''person'' means any individual; any corporation,
partnership, association, or other entity organized or existing under
the laws of any state; the Federal Government; any state, regional, or
local government; or any entity of any such Federal, state, regional,
or local government.
(15) The term ''public facilities and public services'' means
facilities or services which are financed, in whole or in part, by any
state or political subdivision thereof, including, but not limited to,
highways and secondary roads, parking, mass transit, docks, navigation
aids, fire and police protection, water supply, waste collection and
treatment (including drainage), schools and education, and hospitals and
health care. Such term may also include any other facility or service
so financed which the Secretary finds will support increased population.
(16) The term ''Secretary'' means the Secretary of Commerce.
(17) The term ''special area management plan'' means a comprehensive
plan providing for natural resource protection and reasonable
coastal-dependent economic growth containing a detailed and
comprehensive statement of policies; standards and criteria to guide
public and private uses of lands and waters; and mechanisms for timely
implementation in specific geographic areas within the coastal zone.
(18) The term ''water use'' means a use, activity, or project
conducted in or on waters within the coastal zone.
(Pub. L. 89-454, title III, 304, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1281; amended Pub. L. 94-370, 3, July 26, 1976, 90
Stat. 1013; Pub. L. 96-464, 4, Oct. 17, 1980, 94 Stat. 2061; Pub. L.
101-508, title VI, 6204, Nov. 5, 1990, 104 Stat. 1388-302; Pub. L.
102-587, title II, 2205(b)(3)-(7), Nov. 4, 1992, 106 Stat. 5050,
5051.)
The Submerged Lands Act, referred to in par. (1), 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.
Act of March 2, 1917, referred to in par. (1), is act Mar. 2, 1917,
ch. 145, 39 Stat. 951, as amended, known as the Puerto Rican Federal
Relations Act and also as the Jones Act, which is classified principally
to chapter 4 ( 731 et seq.) of Title 48, Territories and Insular
Possessions. Section 8 of the Act is classified to section 749 of Title
48. For complete classification of this Act to the Code, see Short
Title note set out under section 731 of Title 48 and Tables.
Section 1 of the Act of November 20, 1963, referred to in par. (1),
is section 1 of Pub. L. 88-183, Nov. 20, 1963, 77 Stat. 338, which
was classified to section 1701 of Title 48, and was repealed by Pub. L.
93-435, 5, Oct. 5, 1974, 88 Stat. 1212. See section 1705 of Title 48.
1992 -- Par. (1). Pub. L. 102-587, 2205(b)(3), made technical
amendment to directory language of Pub. L. 101-508, 6204(a). See 1990
Amendment note below.
Pub. L. 102-587, 2205(b)(5), struck out ''the outer limit of''
before ''the outer limit of State title'', and substituted ''(48 U.S.C.
1705),'' for ''(48 U.S.C. 1705,''.
Par. (2). Pub. L. 102-587, 2205(b)(6), substituted ''The term'' for
''the term''.
Par. (6a). Pub. L. 102-587, 2205(b)(4), made technical amendment to
directory language of Pub. L. 101-508, 6204(b). See 1990 Amendment
note below.
Par. (9). Pub. L. 102-587, 2205(b)(7), amended par. (9) generally.
Prior to amendment, par. (9) read as follows: ''The term 'Fund' means
the Coastal Energy Impact Fund established by section 1456a(h) of this
title.''
1990 -- Par. (1). Pub. L. 101-508, 6204(a)(1), as amended by Pub.
L. 102-587, 2205(b)(3), inserted '', and to control those geographical
areas which are likely to be affected by or vulnerable to sea level
rise'' before period at end of third sentence.
Pub. L. 101-508, 6204(a)(2), as amended by Pub. L. 102-587,
2205(b)(3), substituted ''the outer limit of State title and ownership
under the Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act of March
2, 1917 (48 U.S.C. 749), the Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America, as approved by the Act of March 24, 1976 (48 U.S.C. 1681 note),
or section 1 of the Act of November 20, 1963 (48 U.S.C. 1705, as
applicable.'' for ''the United States territorial sea.'' at end of
second sentence.
Par. (6a). Pub. L. 101-508, 6204(b), as amended by Pub. L.
102-587, 2205(b)(4), added par. (6a).
Par. (18). Pub. L. 101-508, 6204(c), substituted ''a use, activity,
or project conducted in or on waters within the coastal zone'' for
''activities which are conducted in or on the water; but does not mean
or include the establishment of any water quality standard or criteria
or the regulation of the discharge or runoff of water pollutants except
the standards, criteria, or regulations which are incorporated in any
program as required by the provisions of section 1456(f) of this
title''.
1980 -- Pars. (2) to (4). Pub. L. 96-464, 4(1)-(3), added par.
(2), redesignated former pars. (2) and (3) as (3) and (4), and in par.
(4), as so redesignated, substituted ''Guam, the Commonwealth of the
Northern Mariana Islands, and the Trust Territories of the Pacific
Islands, and American Samoa'' for ''Guam and American Samoa''. Former
par. (4) redesignated (5).
Pars. (5) to (16). Pub. L. 96-464, 4(1), redesignated pars. (4) to
(15) as (15) to (16). Former par. (16) redesignated (17).
Pars. (17), (18). Pub. L. 96-464, 4(1), (4), (5), added par. (17)
and redesignated former par. (17) as (18).
1976 -- Par. (1). Pub. L. 94-370, 3(1), redesignated par. (a) as
(1), substituted ''The term 'coastal''' for '''Coastal''', and inserted
''islands,'' after ''and includes''.
Par. (2). Pub. L. 94-370, 3(2), redesignated par. (b) as (2),
substituted ''The term 'coastal''' for '''Coastal''', ''(A)'' for
''(1)'', and ''(B)'' for ''(2)''.
Par. (3). Pub. L. 94-370, 3(3), redesignated par. (c) as (3) and
substituted ''The term 'coastal''' for '''Coastal'.''
Pars. (4), (5). Pub. L. 94-370, 3(4), added pars. (4) and (5).
Par. (6). Pub. L. 94-370, 3(5), redesignated par. (d) as (6) and
substituted ''The term 'estuary''' for '''Estuary'.''
Par. (7). Pub. L. 94-370, 3(6), redesignated par. (e) as (7) and
substituted ''The term 'estuarine''' for '''Estuarine''' and ''estuary
and any island, transitional area, and upland in, adjoining, or adjacent
to such estuary, and which constitutes'' for ''estuary, adjoining
transitional areas, and adjacent uplands, constituting''.
Par. (8). Pub. L. 94-370, 3(7), added par. (8).
Par. (9). Pub. L. 94-370, 3(7), added par. (9), incorporating
provisions of par. (i), which was struck out by Pub. L. 94-370,
3(11).
Par. (10). Pub. L. 94-370, 3(7), added par. (10).
Par. (11). Pub. L. 94-370, 3(8), redesignated par. (g) as (11) and
substituted ''The term 'management program''' for '''Management
program'.''
Pars. (12) to (14). Pub. L. 94-370, 3(9), added pars. (12) to
(14).
Par. (15). Pub. L. 94-370, 3(9), added par. (15), incorporating
provisions of par. (f), which was struck out by Pub. L. 94-370, 3(7).
Par. (16). Pub. L. 94-370, 3(10), redesignated par. (h) as (16) and
substituted ''The term 'water use''' for '''Water use'.''
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.
Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, provided:
WHEREAS the Government of the United States of America desires to
facilitate the wise development and use of the oceans consistent with
international law;
WHEREAS international law recognizes that, in a zone beyond its
territory and adjacent to its territorial sea, known as the Exclusive
Economic Zone, a coastal State may assert certain sovereign rights over
natural resources and related jurisdiction; and
WHEREAS the establishment of an Exclusive Economic Zone by the United
States will advance the development of ocean resources and promote the
protection of the marine environment, while not affecting other lawful
uses of the zone, including the freedoms of navigation and overflight,
by other States;
NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as
President by the Constitution and laws of the United States of America,
do hereby proclaim the sovereign rights and jurisdiction of the United
States of America and confirm also the rights and freedoms of all States
within an Exclusive Economic Zone, as described herein.
The Exclusive Economic Zone of the United States is a zone contiguous
to the territorial sea, including zones contiguous to the territoral sea
of the United States, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands (to the extent consistent with the
Covenant and the United Nations Trusteeship Agreement), and United
States overseas territories and possessions. The Exclusive Economic
Zone extends to a distance 200 nautical miles from the baseline from
which the breadth of the territorial sea is measured. In cases where
the maritime boundary with a neighboring State remains to be determined,
the boundary of the Exclusive Economic Zone shall be determined by the
United States and other State concerned in accordance with equitable
principles.
Within the Exclusive Economic Zone, the United States has, to the
extent permitted by international law, (a) sovereign rights for the
purpose of exploring, exploiting, conserving and managing natural
resources, both living and non-living, of the seabed and subsoil and the
superjacent waters and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of
energy from the water, currents and winds; and (b) jurisdiction with
regard to the establishment and use of artificial islands, and
installations and structures having economic purposes, and the
protection and preservation of the marine environment.
This Proclamation does not change existing United States policies
concerning the continental shelf, marine mammals and fisheries,
including highly migratory species of tuna which are not subject to
United States jurisdiction and require international agreements for
effective management.
The United States will exercise these sovereign rights and
jurisdiction in accordance with the rules of international law.
Without prejudice to the sovereign rights and jurisdiction of the
United States, the Exclusive Economic Zone remains an area beyond the
territory and territorial sea of the United States in which all States
enjoy the high seas freedoms of navigation, overflight, the laying of
submarine cables and pipelines, and other internationally lawful uses of
the sea.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
March, in the year of our Lord nineteen hundred and eighty-three, and of
the Independence of the United States of America the two hundred and
seventh.
Ronald Reagan.
16 USC 1454. Management program development grants
TITLE 16 -- CONSERVATION
(a) In fiscal years 1991, 1992, and 1993, the Secretary may make a
grant annually to any coastal state without an approved program if the
coastal state demonstrates to the satisfaction of the Secretary that the
grant will be used to develop a management program consistent with the
requirements set forth in section 1455 of this title. The amount of any
such grant shall not exceed $200,000 in any fiscal year, and shall
require State matching funds according to a 4-to-1 ratio of
Federal-to-State contributions. After an initial grant is made to a
coastal state pursuant to this subsection, no subsequent grant shall be
made to that coastal state pursuant to this subsection unless the
Secretary finds that the coastal state is satisfactorily developing its
management program. No coastal state is eligible to receive more than
two grants pursuant to this subsection.
(b) Any coastal state which has completed the development of its
management program shall submit such program to the Secretary for review
and approval pursuant to section 1455 of this title.
(Pub. L. 89-454, title III, 305, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1282; amended Pub. L. 93-612, 1(1), Jan. 2, 1975, 88
Stat. 1974; Pub. L. 94-370, 4, July 26, 1976, 90 Stat. 1015; Pub. L.
101-508, title VI, 6205, Nov. 5, 1990, 104 Stat. 1388-302; Pub. L.
102-587, title II, 2205(b)(1)(A), Nov. 4, 1992, 106 Stat. 5050.)
1992 -- Pub. L. 102-587 substituted ''coastal state'' for ''coastal
State'' in last sentence of subsec. (a) and in subsec. (b).
1990 -- Pub. L. 101-508 amended section generally, substituting
present provisions for provisions which authorized management program
development grants, established program requirements, set limits on
grants, provided for grants for completion of development and
implementation of management programs, provided for allocation of
grants, reversion of unobligated grants, and grants to other political
subdivisions, required submission of program for review and approval,
and set forth an expiration date of grant authority.
1976 -- Subsec. (a). Pub. L. 94-370 incorporated existing provisions
into par. (1), limiting applicability of such provisions to subsec.
(c), and added par. (2).
Subsec. (b). Pub. L. 94-370 added pars. (7) to (9) and effective
date provisions of such paragraphs after par. (9).
Subsec. (c). Pub. L. 94-370 substituted provision that grant should
not exceed 80 per centum of a coastal state's costs for purposes
described in subsection (a)(1) of this section for provision that grant
should not exceed 66 2/3 per centum of the costs of the program in any
one year, expanded to four the number of grants a state is eligible to
receive pursuant to this subsection, and struck out provision that
Federal funds received from other sources shall not be used to match
such grants.
Subsec. (d). Pub. L. 94-370 substituted provisions authorizing
Secretary to make grants annually to any coastal state for purposes
described in subsection (a)(2) and setting forth eligibility
prerequisites for initial implementation grants for provisions, which
were incorporated into subsec. (h), authorizing Secretary to review and
approve the state's submitted management program which on final approval
terminates state's eligibility under this section, but commences state's
eligibility under section 1455 of this title.
Subsec. (e). Pub. L. 94-370 restructured existing provisions into
pars. (1) and (2), and as so restructured, substituted in provisions
preceding par. (1) reference to shall be made to, and allocated among,
the coastal states for reference to shall be allocated to the states,
and in par. (1) inserted proviso relating to the waiver at the option
of the Secretary of the 10 per centum maximum requirement.
Subsec. (f). Pub. L. 94-370 substituted ''The amount of any grant''
for ''Grant'' and ''the coastal state'' for ''a state''.
Subsec. (g). Pub. L. 94-370 substituted ''any coastal state'' for
''the state'' and inserted ''received by it'' before ''under this
section''.
Subsecs. (h), (i). Pub. L. 94-370 added subsec. (h) which
incorporated provisions of former subsec. (d), redesignated former
subsec. (h) as (i), and substituted ''September 30, 1979'' for ''June
30, 1977''.
1975 -- Subsec. (e). Pub. L. 93-612 inserted proviso relating to the
waiver by the Secretary of the 1 per centum minimum requirement upon
request by the coastal state.
16 USC 1455. Administrative grants
TITLE 16 -- CONSERVATION
(a) Authorization; matching funds
The Secretary may make grants to any coastal state for the purpose of
administering that State's management program, if the State matches any
such grant according to the following ratios of Federal-to-State
contributions for the applicable fiscal year:
(1) For those States for which programs were approved prior to
November 5, 1990, 1 to 1 for any fiscal year.
(2) For programs approved after November 5, 1990, 4 to 1 for the
first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for the
third fiscal year, and 1 to 1 for each fiscal year thereafter.
(b) Grants to coastal states; requirements
The Secretary may make a grant to a coastal state under subsection
(a) of this section only if the Secretary finds that the management
program of the coastal state meets all applicable requirements of this
chapter and has been approved in accordance with subsection (d) of this
section.
(c) Allocation of grants to coastal states
Grants under this section shall be allocated to coastal states with
approved programs based on rules and regulations promulgated by the
Secretary which shall take into account the extent and nature of the
shoreline and area covered by the program, population of the area, and
other relevant factors. The Secretary shall establish, after consulting
with the coastal states, maximum and minimum grants for any fiscal year
to promote equity between coastal states and effective coastal
management.
(d) Mandatory adoption of State management program for coastal zone
Before approving a management program submitted by a coastal state,
the Secretary shall find the following:
(1) The State has developed and adopted a management program for its
coastal zone in accordance with rules and regulations promulgated by the
Secretary, after notice, and with the opportunity of full participation
by relevant Federal agencies, State agencies, local governments,
regional organizations, port authorities, and other interested parties
and individuals, public and private, which is adequate to carry out the
purposes of this chapter and is consistent with the policy declared in
section 1452 of this title.
(2) The management program includes each of the following required
program elements:
(A) An identification of the boundaries of the coastal zone subject
to the management program.
(B) A definition of what shall constitute permissible land uses and
water uses within the coastal zone which have a direct and significant
impact on the coastal waters.
(C) An inventory and designation of areas of particular concern
within the coastal zone.
(D) An identification of the means by which the State proposes to
exert control over the land uses and water uses referred to in
subparagraph (B), including a list of relevant State constitutional
provisions, laws, regulations, and judicial decisions.
(E) Broad guidelines on priorities of uses in particular areas,
including specifically those uses of lowest priority.
(F) A description of the organizational structure proposed to
implement such management program, including the responsibilities and
interrelationships of local, areawide, State, regional, and interstate
agencies in the management process.
(G) A definition of the term ''beach'' and a planning process for the
protection of, and access to, public beaches and other public coastal
areas of environmental, recreational, historical, esthetic, ecological,
or cultural value.
(H) A planning process for energy facilities likely to be located in,
or which may significantly affect, the coastal zone, including a process
for anticipating the management of the impacts resulting from such
facilities.
(I) A planning process for assessing the effects of, and studying and
evaluating ways to control, or lessen the impact of, shoreline erosion,
and to restore areas adversely affected by such erosion.
(3) The State has --
(A) coordinated its program with local, areawide, and interstate
plans applicable to areas within the coastal zone --
(i) existing on January 1 of the year in which the State's management
program is submitted to the Secretary; and
(ii) which have been developed by a local government, an areawide
agency, a regional agency, or an interstate agency; and
(B) established an effective mechanism for continuing consultation
and coordination between the management agency designated pursuant to
paragraph (6) and with local governments, interstate agencies, regional
agencies, and areawide agencies within the coastal zone to assure the
full participation of those local governments and agencies in carrying
out the purposes of this chapter; except that the Secretary shall not
find any mechanism to be effective for purposes of this subparagraph
unless it requires that --
(i) the management agency, before implementing any management program
decision which would conflict with any local zoning ordinance, decision,
or other action, shall send a notice of the management program decision
to any local government whose zoning authority is affected;
(ii) within the 30-day period commencing on the date of receipt of
that notice, the local government may submit to the management agency
written comments on the management program decision, and any
recommendation for alternatives; and
(iii) the management agency, if any comments are submitted to it
within the 30-day period by any local government --
(I) shall consider the comments;
(II) may, in its discretion, hold a public hearing on the comments;
and
(III) may not take any action within the 30-day period to implement
the management program decision.
(4) The State has held public hearings in the development of the
management program.
(5) The management program and any changes thereto have been reviewed
and approved by the Governor of the State.
(6) The Governor of the State has designated a single State agency to
receive and administer grants for implementing the management program.
(7) The State is organized to implement the management program.
(8) The management program provides for adequate consideration of the
national interest involved in planning for, and managing the coastal
zone, including the siting of facilities such as energy facilities which
are of greater than local significance. In the case of energy
facilities, the Secretary shall find that the State has given
consideration to any applicable national or interstate energy plan or
program.
(9) The management program includes procedures whereby specific areas
may be designated for the purpose of preserving or restoring them for
their conservation, recreational, ecological, historical, or esthetic
values.
(10) The State, acting through its chosen agency or agencies
(including local governments, areawide agencies, regional agencies, or
interstate agencies) has authority for the management of the coastal
zone in accordance with the management program. Such authority shall
include power --
(A) to administer land use and water use regulations to control
development /1/ to ensure compliance with the management program, and to
resolve conflicts among competing uses; and
(B) to acquire fee simple and less than fee simple interests in land,
waters, and other property through condemnation or other means when
necessary to achieve conformance with the management program.
(11) The management program provides for any one or a combination of
the following general techniques for control of land uses and water uses
within the coastal zone:
(A) State establishment of criteria and standards for local
implementation, subject to administrative review and enforcement.
(B) Direct State land and water use planning and regulation.
(C) State administrative review for consistency with the management
program of all development plans, projects, or land and water use
regulations, including exceptions and variances thereto, proposed by any
State or local authority or private developer, with power to approve or
disapprove after public notice and an opportunity for hearings.
(12) The management program contains a method of assuring that local
land use and water use regulations within the coastal zone do not
unreasonably restrict or exclude land uses and water uses of regional
benefit.
(13) The management program provides for --
(A) the inventory and designation of areas that contain one or more
coastal resources of national significance; and
(B) specific and enforceable standards to protect such resources.
(14) The management program provides for public participation in
permitting processes, consistency determinations, and other similar
decisions.
(15) The management program provides a mechanism to ensure that all
State agencies will adhere to the program.
(16) The management program contains enforceable policies and
mechanisms to implement the applicable requirements of the Coastal
Nonpoint Pollution Control Program of the State required by section
1455b of this title.
(e) Amendment or modification of State management program for coastal
zone
A coastal state may amend or modify a management program which it has
submitted and which has been approved by the Secretary under this
section, subject to the following conditions:
(1) The State shall promptly notify the Secretary of any proposed
amendment, modification, or other program change and submit it for the
Secretary's approval. The Secretary may suspend all or part of any
grant made under this section pending State submission of the proposed
amendments, modification, or other program change.
(2) Within 30 days after the date the Secretary receives any proposed
amendment, the Secretary shall notify the State whether the Secretary
approves or disapproves the amendment, or whether the Secretary finds it
is necessary to extend the review of the proposed amendment for a period
not to exceed 120 days after the date the Secretary received the
proposed amendment. The Secretary may extend this period only as
necessary to meet the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.). If the Secretary does not notify
the coastal state that the Secretary approves or disapproves the
amendment within that period, then the amendment shall be conclusively
presumed as approved.
(3)(A) Except as provided in subparagraph (B), a coastal state may
not implement any amendment, modification, or other change as part of
its approved management program unless the amendment, modification, or
other change is approved by the Secretary under this subsection.
(B) The Secretary, after determining on a preliminary basis, that an
amendment, modification, or other change which has been submitted for
approval under this subsection is likely to meet the program approval
standards in this section, may permit the State to expend funds awarded
under this section to begin implementing the proposed amendment,
modification, or change. This preliminary approval shall not extend for
more than 6 months and may not be renewed. A proposed amendment,
modification, or change which has been given preliminary approval and is
not finally approved under this paragraph shall not be considered an
enforceable policy for purposes of section 1456 of this title.
(Pub. L. 89-454, title III, 306, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1283; amended Pub. L. 93-612, 1(2), Jan. 2, 1975, 88
Stat. 1974; Pub. L. 94-370, 5, July 26, 1976, 90 Stat. 1017; Pub. L.
96-464, 5(a), Oct. 17, 1980, 94 Stat. 2062; Pub. L. 99-272, title VI,
6043(b)(1), (c), Apr. 7, 1986, 100 Stat. 124, 125; Pub. L. 101-508,
title VI, 6206(a), Nov. 5, 1990, 104 Stat. 1388-303; Pub. L. 102-587,
title II, 2205(b)(1)(A), (B), (8), Nov. 4, 1992, 106 Stat. 5050, 5051.)
The National Environmental Policy Act of 1969, referred to in subsec.
(e)(2), 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.
1992 -- Subsecs. (a) to (d), (e)(2), (3)(A). Pub. L. 102-587
substituted ''coastal state'' and ''coastal states'' for ''coastal
State'' and ''coastal States'', respectively, wherever appearing, and
substituted period for semicolon at end of subsec. (b).
1990 -- Pub. L. 101-508 amended section generally, substituting
present provisions for provisions which authorized grants for
administering a state management program, provided for a ratio of
Federal to State contributions, allocation of grants, program
requirements, required authority for management of coastal zone,
required findings prior to approval of grants, allocation to other
political subdivisions, program modification, segmental development, and
inventory and designation of areas of national significance and
standards for protection of coastal resources.
1986 -- Subsec. (a). Pub. L. 99-272, 6043(b)(1), amended
introductory text generally, which prior to amendment read as follows:
''The Secretary may make grants to any coastal state for not more than
80 per centum of the costs of administering such state's management
program if the Secretary -- ''.
Subsec. (g). Pub. L. 99-272, 6043(c), inserted '', and subject to
the following conditions:'' in provisions preceding par. (1), added
pars. (1) to (3), and struck out provision that except with respect to
any management program amendment which was made before Oct. 1, 1978,
for the purpose of complying with the requirements of section
1454(b)(7), (8) and (9) of this title, no grant was to be made under
this section to any coastal state after the date of such amendment or
modification, until the Secretary approved such amendment or
modification.
1980 -- Subsec. (a). Pub. L. 96-464, 5(a)(1), in opening text,
substituted ''The Secretary may make grants'' for ''The Secretary may
make a grant annually'', added par. (3), and provision following par.
(3) which defined the costs of administering a management program.
Subsec. (b). Pub. L. 96-464, 5(2), struck out proviso that no annual
grant made under this section shall be in excess of $2,000,000 for
fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, and in
excess of $3,000,000 for fiscal year 1977.
Subsec. (i). Pub. L. 96-464, 5(a)(3), added subsec. (i).
1976 -- Subsec. (a). Pub. L. 94-370, 5(1), raised the federal share
of grants to 80 per centum from 66 2/3 per centum of the cost of
administering a state's management program, substituted requirement that
Secretary approve state's management program in accordance with subsecs.
(c), (d), and (e) and find that such programs meet requirements under
section 1454(b) of this title for requirement that Secretary approve
state's management programs in accordance with subsec. (c), and struck
out proviso that Federal funds from other sources shall not be used to
pay the state's share of costs.
Subsec. (c)(2)(B). Pub. L. 94-370, 5(2), inserted provisions that
mechanism not be found to be effective by Secretary until management
agency meets certain requirement such as notice to affected zoning
authority, 30-day period for zoning authority to respond with
recommendations, and action to be taken by management agency where
zoning authority does submit recommendations.
Subsec. (c)(8). Pub. L. 94-370, 5(3), inserted ''planning for, and''
before ''in the siting of'' and reference to energy facilities in, or
which significantly affect, such state's coastal zone and inserted
proviso that in the case of energy facilities, the Secretary shall find
that the state has given consideration to any applicable interstate
energy plan or program.
Subsec. (g). Pub. L. 94-370, 5(4), inserted requirement that except
for pre-Oct. 1, 1978 amendments of management programs, for purposes of
complying with section 1454(b)(7), (8), and (9) of this title, no grant
shall be made under this section to any coastal state after the date of
an amendment until approved by Secretary.
1975 -- Subsec. (b). Pub. L. 93-612 substituted provisos
establishing maximum amount of annual grant for fiscal years 1975, 1976,
and 1977, establishing a minimum of 1 per centum of the total
appropriated amount, and providing for waiver of the 1 per centum
minimum upon request of the coastal State, for proviso limiting an
annual administrative grant to a maximum of 10 per centum and a minimum
of 1 per centum of the total appropriated amount.
Section 5(b) of Pub. L. 96-464 provided that: ''The amendments made
by subsection (a)(1) and (2) of this section (amending this section)
apply with respect to grants made after September 30, 1980, under
section 306 of the Coastal Zone Management Act of 1972 (this section)
and, within two hundred and seventy days after such date, the Secretary
of Commerce shall issue regulations relating to the administration of
subsection (a) of such section 306 (as so amended by such subsection
(a)(1).''
Section 6206(b) of title VI of Pub. L. 101-508 provided that:
''Each State which submits a management program for approval under
section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455), as amended by this subtitle (including a State which submitted a
program before the date of enactment of this Act (Nov. 5, 1990)), shall
demonstrate to the Secretary --
''(1) that the program complies with section 306(d)(14) and (15) of
that Act, by not later than 3 years after the date of the enactment of
this Act; and
''(2) that the program complies with section 306(d)(16) of that Act,
by not later than 30 months after the date of publication of final
guidance under section 6217(g) of this Act (16 U.S.C. 1455b(g)).''
/1/ So in original. Probably should be followed by a comma.
16 USC 1455a. Coastal resource improvement program
TITLE 16 -- CONSERVATION
(a) Definitions
For purposes of this section --
(1) The term ''eligible coastal state'' means a coastal state that
for any fiscal year for which a grant is applied for under this section
--
(A) has a management program approved under section 1455 of this
title; and
(B) in the judgment of the Secretary, is making satisfactory progress
in activities designed to result in significant improvement in achieving
the coastal management objectives specified in section 1452(2)(A)
through (K) of this title.
(2) The term ''urban waterfront and port'' means any developed area
that is densely populated and is being used for, or has been used for,
urban residential recreational, commercial, shipping or industrial
purposes.
(b) Resource management improvement grants
The Secretary may make grants to any eligible coastal state to assist
that state in meeting one or more of the following objectives:
(1) The preservation or restoration of specific areas of the state
that (A) are designated under the management program procedures required
by section 1455(d)(9) of this title because of their conservation
recreational, ecological, or esthetic values, or (B) contain one or more
coastal resources of national significance, or for the purpose of
restoring and enhancing shellfish production by the purchase and
distribution of clutch material on publicly owned reef tracts.
(2) The redevelopment of deteriorating and underutilized urban
waterfronts and ports that are designated in the state's management
program pursuant to section 1455(d)(2)(C) of this title as areas of
particular concern.
(3) The provision of access to public beaches and other public
coastal areas and to coastal waters in accordance with the planning
process required under section 1455(d)(2)(G) of this title.
(c) Uses, terms and conditions of grants
(1) Each grant made by the Secretary under this section shall be
subject to such terms and conditions as may be appropriate to ensure
that the grant is used for purposes consistent with this section.
(2) Grants made under this section may be used for --
(A) the acquisition of fee simple and other interests in land;
(B) low-cost construction projects determined by the Secretary to be
consistent with the purposes of this section, including but not limited
to, paths, walkways, fences, parks, and the rehabilitation of historic
buildings and structures; except that not more than 50 per centum of
any grant made under this section may be used for such construction
projects;
(C) in the case of grants made for objectives described in subsection
(b)(2) of this section --
(i) the rehabilitation or acquisition of piers to provide increased
public use, including compatible commercial activity.
(ii) the establishment of shoreline stabilization measures including
the installation or rehabilitation of bulkheads for the purpose of
public safety or increasing public access and use, and
(iii) the removal or replacement of pilings where such action will
provide increased recreational use of urban waterfront areas,
but activities provided for under this paragraph shall not be treated
as construction projects subject to the limitations in paragraph (B);
(D) engineering designs, specifications, and other appropriate
reports; and
(E) educational, interpretive, and management costs and such other
related costs as the Secretary determines to be consistent with the
purposes of this section.
(d) State matching contributions; ratio; maximum amount of grants
(1) The Secretary may make grants to any coastal state for the
purpose of carrying out the project or purpose for which such grants are
awarded, if the state matches any such grant according to the following
ratios of Federal to state contributions for the applicable fiscal year:
4 to 1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 to 1
for fiscal year 1988; and 1 to 1 for each fiscal year after fiscal year
1988.
(2) Grants provided under this section may be used to pay a coastal
state's share of costs required under any other Federal program that is
consistent with the purposes of this section.
(3) The total amount of grants made under this section to any
eligible coastal state for any fiscal year may not exceed an amount
equal to 10 per centum of the total amount appropriated to carry out
this section for such fiscal year.
(e) Allocation of grants to local governments and other agencies
With the approval of the Secretary, an eligible coastal state may
allocate to a local government, an areawide agency designated under
section 3334 of title 42, a regional agency, or an interstate agency, a
portion of any grant made under this section for the purpose of carrying
out this section; except that such an allocation shall not relieve that
state of the responsibility for ensuring that any funds so allocated are
applied in furtherance of the state's approved management program.
(f) Other technical and financial assistance
In addition to providing grants under this section, the Secretary
shall assist eligible coastal states and their local governments in
identifying and obtaining other sources of available Federal technical
and financial assistance regarding the objectives of this section.
(Pub. L. 89-454, title II, 306A, as added Pub. L. 96-464, 6, Oct.
17, 1980, 94 Stat. 2062; amended Pub. L. 99-272, title VI, 6043(b)(2),
Apr. 7, 1986, 100 Stat. 124; Pub. L. 101-508, title VI, 6207,
6216(a), Nov. 5, 1990, 104 Stat. 1388-307, 1388-314; Pub. L. 102-587,
title II, 2205(b)(9)-(12), Nov. 4, 1992, 106 Stat. 5051.)
1992 -- Subsec. (a)(1)(B). Pub. L. 102-587, 2205(b)(10),
substituted ''through (K)'' for ''through (I)''.
Subsec. (b)(1). Pub. L. 102-587, 2205(b)(9), made technical
amendment to directory language of Pub. L. 101-508, 6216(a). See 1990
Amendment note below.
Subsec. (b)(2). Pub. L. 102-587, 2205(b)(11)(A), substituted ''that
are designated in the state's management program pursuant to section
1455(d)(2)(C) of this title as areas of particular concern'' for ''that
are designated under section 1454(b)(3) of this title in the state's
management program as areas of particular concern''.
Subsec. (b)(3). Pub. L. 102-587, 2205(b)(11)(B), substituted
''access to'' for ''access of'' and ''1455(d)(2)(G)'' for
''1454(b)(7)''.
Subsec. (c)(2)(C). Pub. L. 102-587, 2205(b)(12), in closing
provisions, substituted ''shall not be'' for ''shall not by''.
1990 -- Subsec. (b)(1). Pub. L. 101-508, 6216(a), as amended by
Pub. L. 102-587, 2205(b)(9), substituted ''1455(d)(9)'' for
''1455(c)(9)''.
Pub. L. 101-508, 6207, inserted before period at end '', or for the
purpose of restoring and enhancing shellfish production by the purchase
and distribution of clutch material on publicly owned reef tracts''.
1986 -- Subsec. (d)(1). Pub. L. 99-272 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''No grant made under
this section may exceed an amount equal to 80 per centum of the cost of
carrying out the purpose or project for which it was awarded.''
16 USC 1455b. Protecting coastal waters
TITLE 16 -- CONSERVATION
(a) In general
(1) Program development
Not later than 30 months after the date of the publication of final
guidance under subsection (g) of this section, each State for which a
management program has been approved pursuant to section 306 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455) shall prepare and
submit to the Secretary and the Administrator a Coastal Nonpoint
Pollution Control Program for approval pursuant to this section. The
purpose of the program shall be to develop and implement management
measures for nonpoint source pollution to restore and protect coastal
waters, working in close conjunction with other State and local
authorities.
(2) Program coordination
A State program under this section shall be coordinated closely with
State and local water quality plans and programs developed pursuant to
sections 1288, 1313, 1329, and 1330 of title 33 and with State plans
developed pursuant to the Coastal Zone Management Act of 1972, as
amended by this Act (16 U.S.C. 1451 et seq.). The program shall serve as
an update and expansion of the State nonpoint source management program
developed under section 1329 of title 33, as the program under that
section relates to land and water uses affecting coastal waters.
(b) Program contents
Each State program under this section shall provide for the
implementation, at a minimum, of management measures in conformity with
the guidance published under subsection (g) of this section, to protect
coastal waters generally, and shall also contain the following:
(1) Identifying land uses
The identification of, and a continuing process for identifying, land
uses which, individually or cumulatively, may cause or contribute
significantly to a degradation of --
(A) those coastal waters where there is a failure to attain or
maintain applicable water quality standards or protect designated uses,
as determined by the State pursuant to its water quality planning
processes; or
(B) those coastal waters that are threatened by reasonably
foreseeable increases in pollution loadings from new or expanding
sources.
(2) Identifying critical coastal areas
The identification of, and a continuing process for identifying,
critical coastal areas adjacent to coastal waters referred to in
paragraph (1)(A) and (B), within which any new land uses or substantial
expansion of existing land uses shall be subject to management measures
in addition to those provided for in subsection (g) of this section.
(3) Management measures
The implementation and continuing revision from time to time of
additional management measures applicable to the land uses and areas
identified pursuant to paragraphs (1) and (2) that are necessary to
achieve and maintain applicable water quality standards under section
1313 of title 33 and protect designated uses.
(4) Technical assistance
The provision of technical and other assistance to local governments
and the public for implementing the measures referred to in paragraph
(3), which may include assistance in developing ordinances and
regulations, technical guidance, and modeling to predict and assess the
effectiveness of such measures, training, financial incentives,
demonstration projects, and other innovations to protect coastal water
quality and designated uses.
(5) Public participation
Opportunities for public participation in all aspects of the program,
including the use of public notices and opportunities for comment,
nomination procedures, public hearings, technical and financial
assistance, public education, and other means.
(6) Administrative coordination
The establishment of mechanisms to improve coordination among State
agencies and between State and local officials responsible for land use
programs and permitting, water quality permitting and enforcement,
habitat protection, and public health and safety, through the use of
joint project review, memoranda of agreement, or other mechanisms.
(7) State coastal zone boundary modification
A proposal to modify the boundaries of the State coastal zone as the
coastal management agency of the State determines is necessary to
implement the recommendations made pursuant to subsection (e) of this
section. If the coastal management agency does not have the authority
to modify such boundaries, the program shall include recommendations for
such modifications to the appropriate State authority.
(c) Program submission, approval, and implementation
(1) Review and approval
Within 6 months after the date of submission by a State of a program
pursuant to this section, the Secretary and the Administrator shall
jointly review the program. The program shall be approved if --
(A) the Secretary determines that the portions of the program under
the authority of the Secretary meet the requirements of this section and
the Administrator concurs with that determination; and
(B) the Administrator determines that the portions of the program
under the authority of the Administrator meet the requirements of this
section and the Secretary concurs with that determination.
(2) Implementation of approved program
If the program of a State is approved in accordance with paragraph
(1), the State shall implement the program, including the management
measures included in the program pursuant to subsection (b) of this
section, through --
(A) changes to the State plan for control of nonpoint source
pollution approved under section 1329 of title 33; and
(B) changes to the State coastal zone management program developed
under section 306 of the Coastal Zone Management Act of 1972, as amended
by this Act (16 U.S.C. 1455).
(3) Withholding coastal management assistance
If the Secretary finds that a coastal State has failed to submit an
approvable program as required by this section, the Secretary shall
withhold for each fiscal year until such a program is submitted a
portion of grants otherwise available to the State for the fiscal year
under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455), as follows:
(A) 10 percent for fiscal year 1996.
(B) 15 percent for fiscal year 1997.
(C) 20 percent for fiscal year 1998.
(D) 30 percent for fiscal year 1999 and each fiscal year thereafter.
The Secretary shall make amounts withheld under this paragraph
available to coastal States having programs approved under this section.
(4) Withholding water pollution control assistance
If the Administrator finds that a coastal State has failed to submit
an approvable program as required by this section, the Administrator
shall withhold from grants available to the State under section 1329 of
title 33, for each fiscal year until such a program is submitted, an
amount equal to a percentage of the grants awarded to the State for the
preceding fiscal year under that section, as follows:
(A) For fiscal year 1996, 10 percent of the amount awarded for fiscal
year 1995.
(B) For fiscal year 1997, 15 percent of the amount awarded for fiscal
year 1996.
(C) For fiscal year 1998, 20 percent of the amount awarded for fiscal
year 1997.
(D) For fiscal year 1999 and each fiscal year thereafter, 30 percent
of the amount awarded for fiscal year 1998 or other preceding fiscal
year.
The Administrator shall make amounts withheld under this paragraph
available to States having programs approved pursuant to this
subsection.
(d) Technical assistance
The Secretary and the Administrator shall provide technical
assistance to coastal States and local governments in developing and
implementing programs under this section. Such assistance shall include
--
(1) methods for assessing water quality impacts associated with
coastal land uses;
(2) methods for assessing the cumulative water quality effects of
coastal development;
(3) maintaining and from time to time revising an inventory of model
ordinances, and providing other assistance to coastal States and local
governments in identifying, developing, and implementing pollution
control measures; and
(4) methods to predict and assess the effects of coastal land use
management measures on coastal water quality and designated uses.
(e) Inland coastal zone boundaries
(1) Review
The Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall, within 18 months after November
5, 1990, review the inland coastal zone boundary of each coastal State
program which has been approved or is proposed for approval under
section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455),
and evaluate whether the State's coastal zone boundary extends inland to
the extent necessary to control the land and water uses that have a
significant impact on coastal waters of the State.
(2) Recommendation
If the Secretary, in consultation with the Administrator, finds that
modifications to the inland boundaries of a State's coastal zone are
necessary for that State to more effectively manage land and water uses
to protect coastal waters, the Secretary, in consultation with the
Administrator, shall recommend appropriate modifications in writing to
the affected State.
(f) Financial assistance
(1) In general
Upon request of a State having a program approved under section 306
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455), the
Secretary, in consultation with the Administrator, may provide grants to
the State for use for developing a State program under this section.
(2) Amount
The total amount of grants to a State under this subsection shall not
exceed 50 percent of the total cost to the State of developing a program
under this section.
(3) State share
The State share of the cost of an activity carried out with a grant
under this subsection shall be paid from amounts from non-Federal
sources.
(4) Allocation
Amounts available for grants under this subsection shall be allocated
among States in accordance with regulations issued pursuant to section
306(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)),
except that the Secretary may use not more than 25 percent of amounts
available for such grants to assist States which the Secretary, in
consultation with the Administrator, determines are making exemplary
progress in preparing a State program under this section or have extreme
needs with respect to coastal water quality.
(g) Guidance for coastal nonpoint source pollution control
(1) In general
The Administrator, in consultation with the Secretary and the
Director of the United States Fish and Wildlife Service and other
Federal agencies, shall publish (and periodically revise thereafter)
guidance for specifying management measures for sources of nonpoint
pollution in coastal waters.
(2) Content
Guidance under this subsection shall include, at a minimum --
(A) a description of a range of methods, measures, or practices,
including structural and nonstructural controls and operation and
maintenance procedures, that constitute each measure;
(B) a description of the categories and subcategories of activities
and locations for which each measure may be suitable;
(C) an identification of the individual pollutants or categories or
classes of pollutants that may be controlled by the measures and the
water quality effects of the measures;
(D) quantitative estimates of the pollution reduction effects and
costs of the measures;
(E) a description of the factors which should be taken into account
in adapting the measures to specific sites or locations; and
(F) any necessary monitoring techniques to accompany the measures to
assess over time the success of the measures in reducing pollution loads
and improving water quality.
(3) Publication
The Administrator, in consultation with the Secretary, shall publish
--
(A) proposed guidance pursuant to this subsection not later than 6
months after November 5, 1990; and
(B) final guidance pursuant to this subsection not later than 18
months after November 5, 1990.
(4) Notice and comment
The Administrator shall provide to coastal States and other
interested persons an opportunity to provide written comments on
proposed guidance under this subsection.
(5) Management measures
For purposes of this subsection, the term ''management measures''
means economically achievable measures for the control of the addition
of pollutants from existing and new categories and classes of nonpoint
sources of pollution, which reflect the greatest degree of pollutant
reduction achievable through the application of the best available
nonpoint pollution control practices, technologies, processes, siting
criteria, operating methods, or other alternatives.
(h) Authorization of appropriations
(1) Administrator
There is authorized to be appropriated to the Administrator for use
for carrying out this section not more than $1,000,000 for each of
fiscal years 1992, 1993, and 1994.
(2) Secretary
(A) Of amounts appropriated to the Secretary for a fiscal year under
section 318(a)(4) of the Coastal Zone Management Act of 1972, as amended
by this Act (16 U.S.C. 1464(a)(4)), not more than $1,000,000 shall be
available for use by the Secretary for carrying out this section for
that fiscal year, other than for providing in the form of grants under
subsection (f) of this section.
(B) There is authorized to be appropriated to the Secretary for use
for providing in the form of grants under subsection (f) of this section
not more than --
(i) $6,000,000 for fiscal year 1992;
(ii) $12,000,000 for fiscal year 1993;
(iii) $12,000,000 for fiscal year 1994; and
(iv) $12,000,000 for fiscal year 1995.
(i) Definitions
In this section --
(1) the term ''Administrator'' means the Administrator of the
Environmental Protection Agency;
(2) the term ''coastal State'' has the meaning given the term
''coastal state'' under section 304 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1453);
(3) each of the terms ''coastal waters'' and ''coastal zone'' has the
meaning that term has in the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
(4) the term ''coastal management agency'' means a State agency
designated pursuant to section 306(d)(6) of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1455(d)(6));
(5) the term ''land use'' includes a use of waters adjacent to
coastal waters; and
(6) the term ''Secretary'' means the Secretary of Commerce.
(Pub. L. 101-508, title VI, 6217, Nov. 5, 1990, 104 Stat. 1388-314;
Pub. L. 102-587, title II, 2205(b)(24), Nov. 4, 1992, 106 Stat. 5052.)
The Coastal Zone Management Act of 1972, referred to in subsecs.
(a)(2) and (i)(3), is title III of Pub. L. 89-454 as added by Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
generally to this chapter ( 1451 et seq.). For complete classification
of this Act to the Code, see Short Title note set out under section 1451
of this title and Tables.
This Act, referred to in subsecs. (a)(2) and (c)(2)(B), is Pub. L.
101-508, Nov. 5, 1990, 104 Stat. 1388, known as the Omnibus Budget
Reconciliation Act of 1990. For complete classification of this Act to
the Code, see Tables.
Section was enacted as part of the Coastal Zone Act Reauthorization
Amendments of 1990 and also as part of the Omnibus Budget Reconciliation
Act of 1990, and not as part of the Coastal Zone Management Act of 1972
which comprises this chapter.
1992 -- Subsec. (i)(3). Pub. L. 102-587 struck out comma after
'''coastal waters''' and inserted ''Zone'' before ''Management''.
16 USC 1456. Coordination and cooperation
TITLE 16 -- CONSERVATION
(a) Federal agencies
In carrying out his functions and responsibilities under this
chapter, the Secretary shall consult with, cooperate with, and, to the
maximum extent practicable, coordinate his activities with other
interested Federal agencies.
(b) Adequate consideration of views of Federal agencies
The Secretary shall not approve the management program submitted by a
state pursuant to section 1455 of this title unless the views of Federal
agencies principally affected by such program have been adequately
considered.
(c) Consistency of Federal activities with State management programs;
Presidential exemption; certification
(1)(A) Each Federal agency activity within or outside the coastal
zone that affects any land or water use or natural resource of the
coastal zone shall be carried out in a manner which is consistent to the
maximum extent practicable with the enforceable policies of approved
State management programs. A Federal agency activity shall be subject
to this paragraph unless it is subject to paragraph (2) or (3).
(B) After any final judgment, decree, or order of any Federal court
that is appealable under section 1291 or 1292 of title 28, or under any
other applicable provision of Federal law, that a specific Federal
agency activity is not in compliance with subparagraph (A), and
certification by the Secretary that mediation under subsection (h) of
this section is not likely to result in such compliance, the President
may, upon written request from the Secretary, exempt from compliance
those elements of the Federal agency activity that are found by the
Federal court to be inconsistent with an approved State program, if the
President determines that the activity is in the paramount interest of
the United States. No such exemption shall be granted on the basis of a
lack of appropriations unless the President has specifically requested
such appropriations as part of the budgetary process, and the Congress
has failed to make available the requested appropriations.
(C) Each Federal agency carrying out an activity subject to paragraph
(1) shall provide a consistency determination to the relevant State
agency designated under section 1455(d)(6) of this title at the earliest
practicable time, but in no case later than 90 days before final
approval of the Federal activity unless both the Federal agency and the
State agency agree to a different schedule.
(2) Any Federal agency which shall undertake any development project
in the coastal zone of a state shall insure that the project is, to the
maximum extent practicable, consistent with the enforceable policies of
approved state management programs.
(3)(A) After final approval by the Secretary of a state's management
program, any applicant for a required Federal license or permit to
conduct an activity, in or outside of the coastal zone, affecting any
land or water use or natural resource of the coastal zone of that state
shall provide in the application to the licensing or permitting agency a
certification that the proposed activity complies with the enforceable
policies of the state's approved program and that such activity will be
conducted in a manner consistent with the program. At the same time,
the applicant shall furnish to the state or its designated agency a copy
of the certification, with all necessary information and data. Each
coastal state shall establish procedures for public notice in the case
of all such certifications and, to the extent it deems appropriate,
procedures for public hearings in connection therewith. At the earliest
practicable time, the state or its designated agency shall notify the
Federal agency concerned that the state concurs with or objects to the
applicant's certification. If the state or its designated agency fails
to furnish the required notification within six months after receipt of
its copy of the applicant's certification, the state's concurrence with
the certification shall be conclusively presumed. No license or permit
shall be granted by the Federal agency until the state or its designated
agency has concurred with the applicant's certification or until, by the
state's failure to act, the concurrence is conclusively presumed, unless
the Secretary, on his own initiative or upon appeal by the applicant,
finds after providing a reasonable opportunity for detailed comments
from the Federal agency involved and from the state, that the activity
is consistent with the objectives of this chapter or is otherwise
necessary in the interest of national security.
(B) After the management program of any coastal state has been
approved by the Secretary under section 1455 of this title, any person
who submits to the Secretary of the Interior any plan for the
exploration or development of, or production from, any area which has
been leased under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) and regulations under such Act shall, with respect to any
exploration, development, or production described in such plan and
affecting any land or water use or natural resource of the coastal zone
of such state, attach to such plan a certification that each activity
which is described in detail in such plan complies with the enforceable
policies of such state's approved management program and will be carried
out in a manner consistent with such program. No Federal official or
agency shall grant such person any license or permit for any activity
described in detail in such plan until such state or its designated
agency receives a copy of such certification and plan, together with any
other necessary data and information, and until --
(i) such state or its designated agency, in accordance with the
procedures required to be established by such state pursuant to
subparagraph (A), concurs with such person's certification and notifies
the Secretary and the Secretary of the Interior of such concurrence;
(ii) concurrence by such state with such certification is
conclusively presumed as provided for in subparagraph (A), except if
such state fails to concur with or object to such certification within
three months after receipt of its copy of such certification and
supporting information, such state shall provide the Secretary, the
appropriate federal agency, and such person with a written statement
describing the status of review and the basis for further delay in
issuing a final decision, and if such statement is not so provided,
concurrence by such state with such certification shall be conclusively
presumed; or
(iii) the Secretary finds, pursuant to subparagraph (A), that each
activity which is described in detail in such plan is consistent with
the objectives of this chapter or is otherwise necessary in the interest
of national security.
If a state concurs or is conclusively presumed to concur, or if the
Secretary makes such a finding, the provisions of subparagraph (A) are
not applicable with respect to such person, such state, and any Federal
license or permit which is required to conduct any activity affecting
land uses or water uses in the coastal zone of such state which is
described in detail in the plan to which such concurrence or finding
applies. If such state objects to such certification and if the
Secretary fails to make a finding under clause (iii) with respect to
such certification, or if such person fails substantially to comply with
such plan as submitted, such person shall submit an amendment to such
plan, or a new plan, to the Secretary of the Interior. With respect to
any amendment or new plan submitted to the Secretary of the Interior
pursuant to the preceding sentence, the applicable time period for
purposes of concurrence by conclusive presumption under subparagraph (A)
is 3 months.
(d) Application of local governments for Federal assistance;
relationship of activities with approved management programs
State and local governments submitting applications for Federal
assistance under other Federal programs, in or outside of the coastal
zone, affecting any land or water use of natural resource of the coastal
zone shall indicate the views of the appropriate state or local agency
as to the relationship of such activities to the approved management
program for the coastal zone. Such applications shall be submitted and
coordinated in accordance with the provisions of section 6506 of title
31. Federal agencies shall not approve proposed projects that are
inconsistent with the enforceable policies of a coastal state's
management program, except upon a finding by the Secretary that such
project is consistent with the purposes of this chapter or necessary in
the interest of national security.
(e) Construction with other laws
Nothing in this chapter shall be construed --
(1) to diminish either Federal or state jurisdiction, responsibility,
or rights in the field of planning, development, or control of water
resources, submerged lands, or navigable waters; nor to displace,
supersede, limit, or modify any interstate compact or the jurisdiction
or responsibility of any legally established joint or common agency of
two or more states or of two or more states and the Federal Government;
nor to limit the authority of Congress to authorize and fund projects;
(2) as superseding, modifying, or repealing existing laws applicable
to the various Federal agencies; nor to affect the jurisdiction,
powers, or prerogatives of the International Joint Commission, United
States and Canada, the Permanent Engineering Board, and the United
States operating entity or entities established pursuant to the Columbia
River Basin Treaty, signed at Washington, January 17, 1961, or the
International Boundary and Water Commission, United States and Mexico.
(f) Construction with existing requirements of water and air
pollution programs
Notwithstanding any other provision of this chapter, nothing in this
chapter shall in any way affect any requirement (1) established by the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), or the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), or (2)
established by the Federal Government or by any state or local
government pursuant to such Acts. Such requirements shall be
incorporated in any program developed pursuant to this chapter and shall
be the water pollution control and air pollution control requirements
applicable to such program.
(g) Concurrence with programs which affect inland areas
When any state's coastal zone management program, submitted for
approval or proposed for modification pursuant to section 1455 of this
title, includes requirements as to shorelands which also would be
subject to any Federally supported national land use program which may
be hereafter enacted, the Secretary, prior to approving such program,
shall obtain the concurrence of the Secretary of the Interior, or such
other Federal official as may be designated to administer the national
land use program, with respect to that portion of the coastal zone
management program affecting such inland areas.
(h) Mediation of disagreements
In case of serious disagreement between any Federal agency and a
coastal state --
(1) in the development or the initial implementation of a management
program under section 1454 of this title; or
(2) in the administration of a management program approved under
section 1455 of this title;
the Secretary, with the cooperation of the Executive Office of the
President, shall seek to mediate the differences involved in such
disagreement. The process of such mediation shall, with respect to any
disagreement described in paragraph (2), include public hearings which
shall be conducted in the local area concerned.
(i) Application fee for appeals
(1) With respect to appeals under subsections (c)(3) and (d) of this
section which are submitted after November 5, 1990, the Secretary shall
collect an application fee of not less than $200 for minor appeals and
not less than $500 for major appeals, unless the Secretary, upon
consideration of an applicant's request for a fee waiver, determines
that the applicant is unable to pay the fee.
(2)(A) The Secretary shall collect such other fees as are necessary
to recover the full costs of administering and processing such appeals
under subsection (c) of this section.
(B) If the Secretary waives the application fee under paragraph (1)
for an applicant, the Secretary shall waive all other fees under this
subsection for the applicant.
(3) Fees collected under this subsection shall be deposited into the
Coastal Zone Management Fund established under section 1456a of this
title.
(Pub. L. 89-454, title III, 307, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1285; amended Pub. L. 94-370, 6, July 26, 1976, 90
Stat. 1018; Pub. L. 95-372, title V, 504, Sept. 18, 1978, 92 Stat.
693; Pub. L. 101-508, title VI, 6208, Nov. 5, 1990, 104 Stat.
1388-307; Pub. L. 102-587, title II, 2205(b)(13), (14), Nov. 4, 1992,
106 Stat. 5051.)
The Outer Continental Shelf Lands Act, referred to in subsec.
(c)(3)(B), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
which is classified generally to subchapter III ( 1331 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 1331 of
Title 43 and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (f),
is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally
to chapter 26 ( 1251 et seq.) of Title 33, Navigation and Navigable
Waters. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (f), is act July 14, 1955,
ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77
Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685.
The Clean Air Act was originally classified to chapter 15B ( 1857 et
seq.) of Title 42, The Public Health and Welfare. On enactment of Pub.
L. 95-95, the Act was reclassified to chapter 85 ( 7401 et seq.) of
Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of Title 42 and Tables.
In subsec. (d), ''section 6506 of title 31'' substituted for ''title
IV of the Intergovernmental Coordination (Cooperation) Act of 1968 (42
U.S.C. 4231 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.
1992 -- Subsec. (c)(3)(B). Pub. L. 102-587, 2205(b)(13), made
technical amendment to directory language of Pub. L. 101-508,
6208(b)(3)(B). See 1990 Amendment note below.
Subsec. (i). Pub. L. 102-587, 2205(b)(14), designated existing
provisions as par. (1), added pars. (2) and (3), and struck out at end
of par. (1) ''The Secretary shall collect such other fees as are
necessary to recover the full costs of administering and processing such
appeals under subsection (c) of this section.''
1990 -- Subsec. (c)(1). Pub. L. 101-508, 6208(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''Each
Federal agency conducting or supporting activities directly affecting
the coastal zone shall conduct or support those activities in a manner
which is, to the maximum extent practicable, consistent with approved
state management programs.''
Subsec. (c)(2). Pub. L. 101-508, 6208(b)(1), which directed the
insertion of ''the enforceable policies of'' before ''approved State
management programs'', was executed by making the insertion before
''approved state management programs'' to reflect the probable intent of
Congress.
Subsec. (c)(3)(A). Pub. L. 101-508, 6208(b)(2), in first sentence
inserted '', in or outside of the coastal zone,'' after ''to conduct an
activity'', substituted ''any land or water use or natural resource of''
for ''land or water uses in'', and inserted ''the enforceable policies
of'' after ''the proposed activity complies with''.
Subsec. (c)(3)(B). Pub. L. 101-508, 6208(b)(3)(A), substituted
''land or water use or natural resource of'' for ''land use or water use
in'' in first sentence.
Pub. L. 101-508, 6208(b)(3)(B), as amended by Pub. L. 102-587,
2205(b)(13), inserted ''the enforceable policies of'' after ''such plan
complies with'' in first sentence.
Subsec. (d). Pub. L. 101-508, 6208(b)(4), substituted '', in or
outside of the coastal zone, affecting any land or water use of natural
resource of'' for ''affecting'' and inserted ''the enforceable policies
of'' after ''that are inconsistent with''.
Subsec. (i). Pub. L. 101-508, 6208(c), added subsec. (i).
1978 -- Subsec. (c)(3)(B)(ii). Pub. L. 95-372 inserted '', except if
such state fails to concur with or object to such certification within
three months after receipt of its copy of such certification and
supporting information, such state shall provide the Secretary, the
appropriate federal agency, and such person with a written statement
describing the status of review and the basis for further delay in
issuing a final decision, and if such statement is not so provided,
concurrence by such state with such certification shall be conclusively
presumed'' after ''as provided for in subparagraph (A)''.
1976 -- Subsec. (b). Pub. L. 94-370, 6(2), struck out provisions
requiring that in case of serious disagreement between Federal agency
and state in development of program, Secretary shall seek to mediate the
differences in cooperation with the Executive Office of the President
and incorporated such provision into subsec. (h).
Subsec. (c)(3). Pub. L. 94-370, 6(3), designated existing provisions
as subpar. (A) and added subpar. (B).
Subsec. (h). Pub. L. 94-370, 6(4), added subsec. (h) which
incorporates former provision of subsec. (b) relating to mediation by
Secretary of disagreements between Federal agencies and state.
1351.
16 USC 1456a. Coastal Zone Management Fund
TITLE 16 -- CONSERVATION
(a)(1) The obligations of any coastal state or unit of general
purpose local government to repay loans made pursuant to this section as
in effect before November 5, 1990, and any repayment schedule
established pursuant to this chapter as in effect before November 5,
1990, are not altered by any provision of this chapter. Such loans
shall be repaid under authority of this subsection and the Secretary may
issue regulations governing such repayment. If the Secretary finds that
any coastal state or unit of local government is unable to meet its
obligations pursuant to this subsection because the actual increases in
employment and related population resulting from coastal energy activity
and the facilities associated with such activity do not provide adequate
revenues to enable such State or unit to meet such obligations in
accordance with the appropriate repayment schedule, the Secretary shall,
after review of the information submitted by such State or unit, take
any of the following actions:
(A) Modify the terms and conditions of such loan.
(B) Refinance the loan.
(C) Recommend to the Congress that legislation be enacted to forgive
the loan.
(2) Loan repayments made pursuant to this subsection shall be
retained by the Secretary as offsetting collections, and shall be
deposited into the Coastal Zone Management Fund established under
subsection (b) of this section.
(b)(1) The Secretary shall establish and maintain a fund, to be known
as the ''Coastal Zone Management Fund'', which shall consist of amounts
retained and deposited into the Fund under subsection (a) of this
section and fees deposited into the Fund under section 1456(i)(3) of
this title.
(2) Subject to amounts provided in appropriation Acts, amounts in the
Fund shall be available to the Secretary for use for the following:
(A) Expenses incident to the administration of this chapter, in an
amount not to exceed --
(i) $5,000,000 for fiscal year 1991;
(ii) $5,225,000 for fiscal year 1992;
(iii) $5,460,125 for fiscal year 1993;
(iv) $5,705,830 for fiscal year 1994; and
(v) $5,962,593 for fiscal year 1995.
(B) After use under subparagraph (A) --
(i) projects to address management issues which are regional in
scope, including interstate projects;
(ii) demonstration projects which have high potential for improving
coastal zone management, especially at the local level;
(iii) emergency grants to State coastal zone management agencies to
address unforeseen or disaster-related circumstances;
(iv) appropriate awards recognizing excellence in coastal zone
management as provided in section 1460 of this title;
(v) program development grants as authorized by section 1454 of this
title; and
(vi) to provide financial support to coastal states for use for
investigating and applying the public trust doctrine to implement State
management programs approved under section 1455 of this title.
(3) On December 1, of each year, the Secretary shall transmit to the
Congress an annual report on the Fund, including the balance of the Fund
and an itemization of all deposits into and disbursements from the Fund
in the preceding fiscal year.
(Pub. L. 89-454, title III, 308, as added Pub. L. 94-370, 7, July
26, 1976, 90 Stat. 1019; amended Pub. L. 95-372, title V, 501,
503(a)-(d), Sept. 18, 1978, 92 Stat. 690, 692, 693; Pub. L. 96-464, 7,
Oct. 17, 1980, 94 Stat. 2064; Pub. L. 99-272, title VI, 6047, Apr. 7,
1986, 100 Stat. 128; Pub. L. 101-508, title VI, 6209, Nov. 5, 1990,
104 Stat. 1388-308; Pub. L. 102-587, title II, 2205(b)(1)(A), (B),
(15)-(18), Nov. 4, 1992, 106 Stat. 5050, 5052.)
1992 -- Pub. L. 102-587, 2205(b)(15), made technical amendment to
Pub. L. 101-508. See 1990 Amendment note below.
Subsec. (a)(1). Pub. L. 102-587, 2205(b)(16), in first sentence,
made technical amendment to reference to this chapter to reflect change
in corresponding provision of original act.
Pub. L. 102-587, 2205(b)(1)(A), substituted ''coastal state'' for
''coastal State'' in two places.
Subsec. (b)(1). Pub. L. 102-587, 2205(b)(17), (18), struck out
''(hereinafter in this section referred to as the 'Fund')'' after
''Management Fund''' and inserted ''and fees deposited into the Fund
under section 1456(i)(3) of this title'' after ''subsection (a) of this
section''.
Subsec. (b)(2)(B)(vi). Pub. L. 102-587, 2205(b)(1)(B), substituted
''coastal states'' for ''coastal States''.
1990 -- Pub. L. 101-508, as amended by Pub. L. 102-587,
2205(b)(15), amended section generally, substituting present provisions
for provisions authorizing a coastal energy impact program, providing
for administration of program, audit, financial assistance, rules and
regulations and guarantees, establishing eligibility requirements for
assistance, creating a Coastal Energy Impact Fund, prohibiting
interference in any land or water use decision of any coastal state,
requiring reports to Congress, and providing for definitions for the
section.
1986 -- Subsec. (h). Pub. L. 99-272 substituted ''subsections (c)''
for ''subsections (c)(1)'' wherever appearing.
1980 -- Subsec. (c)(3). Pub. L. 96-464, 7(1), added par. (3).
Subsec. (d)(4). Pub. L. 96-464, 7(2), struck out par. (4) which
provided that the Secretary shall make grants to any coastal state to
enable such state to prevent, reduce, or ameliorate any unavoidable loss
in such state's coastal zone of any valuable environmental or
recreational resource, if such loss results from coastal energy
activity, if the Secretary finds that such state has not received
amounts under subsec. (b) of this section which are sufficient to
prevent, reduce, or ameliorate such loss.
1978 -- Subsec. (a)(1)(A). Pub. L. 95-372, 501(b)(1), substituted
''subsection (b)(5) of this section'' for ''subsection (b)(4) of this
section''.
Subsec. (a)(1)(B). Pub. L. 95-372, 503(b)(1), substituted
''subsection (c)(1) of this section'' for ''subsection (c) of this
section''.
Subsec. (a)(1)(C) to (G). Pub. L. 95-372, 503(b)(2), added subpar.
(C) and redesignated former subpars. (C) to (F) as (D) to (G).
Subsec. (b)(2). Pub. L. 95-372, 501(a), substituted in provisions
preceding subpar. (A) ''Subject to paragraph (3), the amounts payable''
for ''The amounts granted'' and ''subparagraphs (A), (B), and (C)'' for
''subparagraphs (A), (B), (C), and (D)'', in subpar. (A) ''one-half''
for ''one-third'', and in subpars. (B) and (C) ''one-quarter'' for
''one-sixth'' and struck out subpar. (D), which related to a ratio
involving the number of individuals who obtain new employment as a
result of new or expanded outer Continental Shelf energy activities.
Subsec. (b)(3). Pub. L. 95-372, 501(b)(2), added par. (3). Former
par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 95-372, 501(b)(1), redesignated par. (3) as
(4). Former par. (4) redesignated (5).
Subsec. (b)(5). Pub. L. 95-372, 501(b)(1), (c), redesignated par.
(4) as (5) and, in par. (5) as so redesignated, struck out in subpar.
(B)(i) provisions relating to the unavailability of adequate financing
under any other subsection and inserted provisions following subpar.
(B)(ii) authorizing the Secretary to describe the geographic areas in
which the public facilities and public services referred to in subpar.
(B)(i) shall be presumed to be required as a result of outer Continental
Shelf energy activities for purposes of disbursing the proceeds of
grants under this subsection. Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 95-372, 501(b)(1), redesignated par. (5) as
(6) and, in par. (6) as so redesignated, in provisions preceding
subpar. (A) and in subpar. (B) substituted ''paragraph (5)'' for
''paragraph (4)''.
Subsec. (c). Pub. L. 95-372, 503(a), designated existing provisions
as par. (1) and added par. (2).
Subsec. (h). Pub. L. 95-372, 503(c), substituted ''subsections
(c)(1)'' for ''subsections (c)'' wherever appearing.
Subsec. (k). Pub. L. 95-372, 501(b)(1), 503(d), substituted in par.
(1) ''subsection (b)(5)(B) and (c)(1)'' for ''subsection (b)(4)(B) and
(c)'' and in par. (2) ''subsection (b)(5)(B)'' for ''(b)(4)(B)''.
Pub. L. 99-626, 6, Nov. 7, 1986, 100 Stat. 3506, provided that:
''The authority of the Secretary of Commerce to make loans under
paragraph (1) of subsection (d) of section 308 of the Coastal Zone
Management Act of 1972 (Public Law 92-583, 16 U.S.C. 1451, et seq.) as
amended (16 U.S.C. 1456a(d)(1)), shall extend to September 30, 1987, for
loans made to eligible States or units pursuant to and in accord with
agreements entered into between the Secretary and any State prior to
September 30, 1986, that provided for a total sum of loans to be made to
that State or its units, but such loan authority shall be limited to
$7,000,000.''
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 1456b. Coastal zone enhancement grants
TITLE 16 -- CONSERVATION
(a) ''Coastal zone enhancement objective'' defined
For purposes of this section, the term ''coastal zone enhancement
objective'' means any of the following objectives:
(1) Protection, restoration, or enhancement of the existing coastal
wetlands base, or creation of new coastal wetlands.
(2) Preventing or significantly reducing threats to life and
destruction of property by eliminating development and redevelopment in
high-hazard areas, managing development in other hazard areas, and
anticipating and managing the effects of potential sea level rise and
Great Lakes level rise.
(3) Attaining increased opportunities for public access, taking into
account current and future public access needs, to coastal areas of
recreational, historical, aesthetic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation's coastal and ocean
environment by managing uses and activities that contribute to the entry
of such debris.
(5) Development and adoption of procedures to assess, consider, and
control cumulative and secondary impacts of coastal growth and
development, including the collective effect on various individual uses
or activities on coastal resources, such as coastal wetlands and fishery
resources.
(6) Preparing and implementing special area management plans for
important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies to help
facilitate the siting of energy facilities and Government facilities and
energy-related activities and Government activities which may be of
greater than local significance.
(b) Limits on grants
Subject to the limitations and goals established in this section, the
Secretary may make grants to coastal states to provide funding for
development and submission for Federal approval of program changes that
support attainment of one or more coastal zone enhancement objectives.
(c) Evaluation of State proposals by Secretary
The Secretary shall evaluate and rank State proposals for funding
under this section, and make funding awards based on those proposals,
taking into account the criteria established by the Secretary under
subsection (d) of this section. The Secretary shall ensure that funding
decisions under this section take into consideration the fiscal and
technical needs of proposing States and the overall merit of each
proposal in terms of benefits to the public.
(d) Promulgation of regulations by Secretary
Within 12 months following November 5, 1990, and consistent with the
notice and participation requirements established in section 1463 of
this title, the Secretary shall promulgate regulations concerning
coastal zone enhancement grants that establish --
(1) specific and detailed criteria that must be addressed by a
coastal state (including the State's priority needs for improvement as
identified by the Secretary after careful consultation with the State)
as part of the State's development and implementation of coastal zone
enhancement objectives;
(2) administrative or procedural rules or requirements as necessary
to facilitate the development and implementation of such objectives by
coastal states; and
(3) other funding award criteria as are necessary or appropriate to
ensure that evaluations of proposals, and decisions to award funding,
under this section are based on objective standards applied fairly and
equitably to those proposals.
(e) No State contribution required
A State shall not be required to contribute any portion of the cost
of any proposal for which funding is awarded under this section.
(f) Funding
Beginning in fiscal year 1991, not less than 10 percent and not more
than 20 percent of the amounts appropriated to implement sections 1455
and 1455a of this title shall be retained by the Secretary for use in
implementing this section, up to a maximum of $10,000,000 annually.
(g) Eligibility; suspension of State for noncompliance
If the Secretary finds that the State is not undertaking the actions
committed to under the terms of the grant, the Secretary shall suspend
the State's eligibility for further funding under this section for at
least one year.
(Pub. L. 89-454, title III, 309, as added Pub. L. 94-370, 8, July
26, 1976, 90 Stat. 1028; amended Pub. L. 96-464, 8, Oct. 17, 1980, 94
Stat. 2064; Pub. L. 101-508, title VI, 6210, Nov. 5, 1990, 104 Stat.
1388-309; Pub. L. 102-587, title II, 2205(b)(1)(B), Nov. 4, 1992, 106
Stat. 5050.)
November 5, 1990, referred to in subsec. (d), was in the original
''the date of enactment of this section'', and was translated as meaning
the date of enactment of section 6210 of Pub. L. 101-508, which amended
this section generally, to reflect the probable intent of Congress.
1992 -- Subsec. (b). Pub. L. 102-587 substituted ''coastal states''
for ''coastal States''.
1990 -- Pub. L. 101-508 amended section generally, substituting
present provisions for provisions providing for interstate grants and
agreements for developing and administering coordinated coastal zone
planning and programs, setting priorities for unified coastal zone
policies in contiguous areas of coastal states, providing for a
Federal-State consultation procedure, authorizing temporary planning and
coordinated activity, and establishing eligibility of States to receive
Federal assistance.
1980 -- Pub. L. 96-464 amended section generally and, among many
changes, made a number of technical amendments, and inserted provision
making it clear that only states which meet the basic eligibility
requirements in this chapter can receive funding under this section.
16 USC 1456c. Technical assistance
TITLE 16 -- CONSERVATION
(a) The Secretary shall conduct a program of technical assistance and
management-oriented research necessary to support the development and
implementation of State coastal management program amendments under
section 1456b of this title, and appropriate to the furtherance of
international cooperative efforts and technical assistance in coastal
zone management. Each department, agency, and instrumentality of the
executive branch of the Federal Government may assist the Secretary, on
a reimbursable basis or otherwise, in carrying out the purposes of this
section, including the furnishing of information to the extent permitted
by law, the transfer of personnel with their consent and without
prejudice to their position and rating, and the performance of any
research, study, and technical assistance which does not interfere with
the performance of the primary duties of such department, agency, or
instrumentality. The Secretary may enter into contracts or other
arrangements with any qualified person for the purposes of carrying out
this subsection.
(b)(1) The Secretary shall provide for the coordination of technical
assistance, studies, and research activities under this section with any
other such activities that are conducted by or subject to the authority
of the Secretary.
(2) The Secretary shall make the results of research and studies
conducted pursuant to this section available to coastal states in the
form of technical assistance publications, workshops, or other means
appropriate.
(3) The Secretary shall consult with coastal states on a regular
basis regarding the development and implementation of the program
established by this section.
(Pub. L. 89-454, title III, 310, as added Pub. L. 101-508, title VI,
6211, Nov. 5, 1990, 104 Stat. 1388-311.)
A prior section 1456c, Pub. L. 89-454, title III, 310, as added
Pub. L. 94-370, 9, July 26, 1976, 90 Stat. 1029, which related to
research and technical assistance for coastal zone management, was
repealed by Pub. L. 99-272, title VI, 6045(1), Apr. 7, 1986, 100
Stat. 127.
16 USC 1457. Public hearings
TITLE 16 -- CONSERVATION
All public hearings required under this chapter must be announced at
least thirty days prior to the hearing date. At the time of the
announcement, all agency materials pertinent to the hearings, including
documents, studies, and other data, must be made available to the public
for review and study. As similar materials are subsequently developed,
they shall be made available to the public as they become available to
the agency.
(Pub. L. 89-454, title III, 311, formerly 308, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1287, and renumbered 311, Pub. L.
94-370, 7, July 26, 1976, 90 Stat. 1019.)
16 USC 1458. Review of performance
TITLE 16 -- CONSERVATION
(a) Evaluation of adherence with terms of grants
The Secretary shall conduct a continuing review of the performance of
coastal states with respect to coastal management. Each review shall
include a written evaluation with an assessment and detailed findings
concerning the extent to which the state has implemented and enforced
the program approved by the Secretary, addressed the coastal management
needs identified in section 1452(2)(A) through (K) of this title, and
adhered to the terms of any grant, loan, or cooperative agreement funded
under this chapter.
(b) Public participation; notice of meetings; reports
In evaluating a coastal state's performance, the Secretary shall
conduct the evaluation in an open and public manner, and provide full
opportunity for public participation, including holding public meetings
in the State being evaluated and providing opportunities for the
submission of written and oral comments by the public. The Secretary
shall provide the public with at least 45 days' notice of such public
meetings by placing a notice in the Federal Register, by publication of
timely notices in newspapers of general circulation within the State
being evaluated, and by communications with persons and organizations
known to be interested in the evaluation. Each evaluation shall be
prepared in report form and shall include written responses to the
written comments received during the evaluation process. The final
report of the evaluation shall be completed within 120 days after the
last public meeting held in the State being evaluated. Copies of the
evaluation shall be immediately provided to all persons and
organizations participating in the evaluation process.
(c) Suspension of financial assistance for noncompliance;
notification of Governor; length of suspension
(1) The Secretary may suspend payment of any portion of financial
assistance extended to any coastal state under this chapter, and may
withdraw any unexpended portion of such assistance, if the Secretary
determines that the coastal state is failing to adhere to (A) the
management program or a State plan developed to manage a national
estuarine reserve established under section 1461 of this title, or a
portion of the program or plan approved by the Secretary, or (B) the
terms of any grant or cooperative agreement funded under this chapter.
(2) Financial assistance may not be suspended under paragraph (1)
unless the Secretary provides the Governor of the coastal state with --
(A) written specifications and a schedule for the actions that should
be taken by the State in order that such suspension of financial
assistance may be withdrawn; and
(B) written specifications stating how those funds from the suspended
financial assistance shall be expended by the coastal state to take the
actions referred to in subparagraph (A).
(3) The suspension of financial assistance may not last for less than
6 months or more than 36 months after the date of suspension.
(d) Withdrawal of approval of program
The Secretary shall withdraw approval of the management program of
any coastal state and shall withdraw financial assistance available to
that State under this chapter as well as any unexpended portion of such
assistance, if the Secretary determines that the coastal state has
failed to take the actions referred to in subsection (c)(2)(A) of this
section.
(e) Notice and hearing
Management program approval and financial assistance may not be
withdrawn under subsection (d) of this section, unless the Secretary
gives the coastal state notice of the proposed withdrawal and an
opportunity for a public hearing on the proposed action. Upon the
withdrawal of management program approval under this subsection (d) of
this section, the Secretary shall provide the coastal state with written
specifications of the actions that should be taken, or not engaged in,
by the state in order that such withdrawal may be canceled by the
Secretary.
(Pub. L. 89-454, title III, 312, formerly 309, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1287, renumbered 312 and amended Pub.
L. 94-370, 7, 10, July 26, 1976, 90 Stat. 1019, 1029; Pub. L.
96-464, 9(a), Oct. 17, 1980, 94 Stat. 2065; Pub. L. 99-272, title VI,
6043(a), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101-508, title VI,
6212, 6216(b), Nov. 5, 1990, 104 Stat. 1388-311, 1388-314; Pub. L.
102-587, title II, 2205(b)(1)(A), (C), Nov. 4, 1992, 106 Stat. 5050.)
1992 -- Subsecs. (b), (c)(1). Pub. L. 102-587 substituted ''coastal
state's'' for ''coastal State's'' in subsec. (b) and ''coastal state''
for ''coastal State'' after ''any'' in subsec. (c)(1).
1990 -- Subsec. (a). Pub. L. 101-508, 6216(b), substituted
''through (K)'' for ''through (I)''.
Subsec. (b). Pub. L. 101-508, 6212(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''For the
purpose of making the evaluation of a coastal state's performance, the
Secretary shall conduct public meetings and provide opportunity for oral
and written comments by the public. Each such evaluation shall be
prepared in report form and the Secretary shall make copies thereof
available to the public.''
Subsec. (c). Pub. L. 101-508, 6212(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''The
Secretary shall reduce any financial assistance extended to any coastal
state under section 1455 of this title (but not below 70 per centum of
the amount that would otherwise be available to the coastal state under
such section for any year), and withdraw any unexpended portion of such
reduction, if the Secretary determines that the coastal state --
''(1) is failing to make significant improvement in achieving the
coastal management objectives specified in section 1452(2)(A) through
(I) of this title; or
''(2) is failing to make satisfactory progress in providing in its
management program for the matters referred to in section 1455(i)(A) and
(B) of this title.''
Subsec. (d). Pub. L. 101-508, 6212(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ''The
Secretary shall withdraw approval of the management program of any
coastal state, and shall withdraw any financial assistance available to
that state under this chapter as well as any unexpended portion of such
assistance, if the Secretary determines that the coastal state is
failing to adhere to, is not justified in deviating from (1) the
management program approved by the Secretary, or (2) the terms of any
grant or cooperative agreement funded under section 1455 of this title,
and refuses to remedy the deviation.''
Subsec. (f). Pub. L. 101-508, 6212(d), struck out subsec. (f) which
read as follows: ''The Secretary shall carry out research on, and offer
technical assistance of the coastal states with respect to, those
activities, projects, and other relevant matters evaluated under this
section that the Secretary considers to offer promise toward improving
coastal zone management.''
1986 -- Subsec. (c). Pub. L. 99-272 designated existing provisions
relating to failure to achieve objectives specified in section
1452(2)(A) through (I) as par. (1), and added par. (2).
1980 -- Subsec. (a). Pub. L. 96-464 substituted provisions relating
to continuing review of coastal states performance with respect to
coastal management for provisions relating to continuing review of
management programs of coastal states, the performance of such states
with respect to coastal zone management, and coastal energy impact
program.
Subsec. (b). Pub. L. 96-464 substituted provisions relating to public
meeting and comments for provisions relating to termination of financial
assistance.
Subsecs. (c) to (f). Pub. L. 96-464 added subsecs. (c) to (f).
1976 -- Subsec. (a). Pub. L. 94-370, 10, designated existing
provisions as par. (1), substituted ''such states with respect to
coastal zone management; and'' for ''each state.'', and added par.
(2).
Section 9(b) of Pub. L. 96-464 provided that: ''Within two hundred
and seventy days after the date of the enactment of this Act (Oct. 17,
1980), the Secretary of Commerce shall issue such regulations as may be
necessary or appropriate to administer section 312 of the Coastal Zone
Management Act of 1972 (as amended by subsection (a) of this section)
(this section).''
16 USC 1459. Records and audit
TITLE 16 -- CONSERVATION
(a) Maintenance of records by recipients of grants or financial
assistance
Each recipient of a grant under this chapter or of financial
assistance under section 1456a of this title, as in effect before
November 5, 1990, shall keep such records as the Secretary shall
prescribe, including records which fully disclose the amount and
disposition of the funds received under the grant and of the proceeds of
such assistance, the total cost of the project or undertaking supplied
by other sources, and such other records as will facilitate an effective
audit.
(b) Access by Secretary and Comptroller General to records, books,
etc., of recipients of grants or financial assistance for audit and
examination
The Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, shall --
(1) after any grant is made under this chapter or any financial
assistance is provided under section 1456a of this title, as in effect
before November 5, 1990; and
(2) until the expiration of 3 years after --
(A) completion of the project, program, or other undertaking for
which such grant was made or used, or
(B) repayment of the loan or guaranteed indebtedness for which such
financial assistance was provided,
have access for purposes of audit and examination to any record,
book, document, and paper which belongs to or is used or controlled by,
any recipient of the grant funds or any person who entered into any
transaction relating to such financial assistance and which is pertinent
for purposes of determining if the grant funds or the proceeds of such
financial assistance are being, or were, used in accordance with the
provisions of this chapter.
(Pub. L. 89-454, title III, 313, formerly 310, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1287; renumbered 313 and amended Pub.
L. 94-370, 7, 11, July 26, 1976, 90 Stat. 1019, 1030; Pub. L.
102-587, title II, 2205(b)(19), Nov. 4, 1992, 106 Stat. 5052.)
1992 -- Subsec. (a). Pub. L. 102-587, 2205(b)(19)(A), substituted
''section 1456a of this title, as in effect before November 5, 1990,''
for ''section 1456a of this title''.
Subsec. (b)(1). Pub. L. 102-587, 2205(b)(19)(B), substituted
''section 1456a of this title, as in effect before November 5, 1990;
and'' for ''section 1456a(d) of this title; and''.
1976 -- Subsec. (a). Pub. L. 94-370, 11(2), inserted ''or of
financial assistance under section 1456a of this title'' after ''grant
under this chapter'' and ''and of the proceeds of such assistance''
after ''received under the grant''.
Subsec. (b). Pub. L. 94-370, 11(3), inserted provisions limiting
duration of authority to 3 years after completion of project or
repayment of loan and enlarged scope of access to include persons who
entered into transactions relating to the grant of funds.
16 USC 1460. Walter B. Jones excellence in coastal zone management
awards
TITLE 16 -- CONSERVATION
(a) Establishment
The Secretary shall, using sums in the Coastal Zone Management Fund
established under section 1456a of this title and other amounts
available to carry out this chapter (other than amounts appropriated to
carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this
title), implement a program to promote excellence in coastal zone
management by identifying and acknowledging outstanding accomplishments
in the field.
(b) Annual selection of recipients
The Secretary shall elect annually --
(1) one individual, other than an employee or officer of the Federal
Government, whose contribution to the field of coastal zone management
has been the most significant;
(2) 5 local governments which have made the most progress in
developing and implementing the coastal zone management principles
embodied in this chapter; and
(3) up to 10 graduate students whose academic study promises to
contribute materially to development of new or improved approaches to
coastal zone management.
(c) Solicitation of nominations for local government recipients
In making selections under subsection (b)(2) of this section the
Secretary shall solicit nominations from the coastal states, and shall
consult with experts in local government planning and land use.
(d) Solicitation of nominations for graduate student recipients
In making selections under subsection (b)(3) of this section the
Secretary shall solicit nominations from coastal states and the National
Sea Grant College Program.
(e) Funding; types of awards
Using sums in the Coastal Zone Management Fund established under
section 1456a of this title and other amounts available to carry out
this chapter (other than amounts appropriated to carry out sections
1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title), the Secretary
shall establish and execute appropriate awards, to be known as the
''Walter B. Jones Awards'', including --
(1) cash awards in an amount not to exceed $5,000 each;
(2) research grants; and
(3) public ceremonies to acknowledge such awards.
(Pub. L. 89-454, title III, 314, formerly 313, as added Pub. L.
101-508, title VI, 6213, Nov. 5, 1990, 104 Stat. 1388-312; renumbered
314 and amended Pub. L. 102-587, title II, 2205(b)(20), Nov. 4, 1992,
106 Stat. 5052.)
A prior section 1460, Pub. L. 89-454, title III, 314, formerly
311, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287, and
renumbered 314, Pub. L. 94-370, 7, July 26, 1976, 90 Stat. 1019,
which related to establishment, etc., of Coastal Zone Management
Advisory Committee, was repealed by Pub. L. 99-272, title VI, 6045(2),
Apr. 7, 1986, 100 Stat. 127.
1992 -- Subsecs. (a), (e). Pub. L. 102-587, 2205(b)(20)(B), (C),
after ''under section 1456a of this title'' inserted ''and other amounts
available to carry out this chapter (other than amounts appropriated to
carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this
title)''.
16 USC 1461. National Estuarine Research Reserve System
TITLE 16 -- CONSERVATION
(a) Establishment of System
There is established the National Estuarine Research Reserve System
(hereinafter referred to in this section as the ''System'') that
consists of --
(1) each estuarine sanctuary designated under this section as in
effect before April 7, 1986; and
(2) each estuarine area designated as a national estuarine reserve
under subsection (b) of this section.
Each estuarine sanctuary referred to in paragraph (1) is hereby
designated as a national estuarine reserve.
(b) Designation of national estuarine reserves
After April 7, 1986, the Secretary may designate an estuarine area as
a national estuarine reserve if --
(1) the Governor of the coastal state in which the area is located
nominates the area for that designation; and
(2) the Secretary finds that --
(A) the area is a representative estuarine ecosystem that is suitable
for long-term research and contributes to the biogeographical and
typological balance of the System;
(B) the law of the coastal state provides long-term protection for
reserve resources to ensure a stable environment for research;
(C) designation of the area as a reserve will serve to enhance public
awareness and understanding of estuarine areas, and provide suitable
opportunities for public education and interpretation; and
(D) the coastal state in which the area is located has complied with
the requirements of any regulations issued by the Secretary to implement
this section.
(c) Estuarine research guidelines
The Secretary shall develop guidelines for the conduct of research
within the System that shall include --
(1) a mechanism for identifying, and establishing priorities among,
the coastal management issues that should be addressed through
coordinated research within the System;
(2) the establishment of common research principles and objectives to
guide the development of research programs within the System;
(3) the identification of uniform research methodologies which will
ensure comparability of data, the broadest application of research
results, and the maximum use of the System for research purposes;
(4) the establishment of performance standards upon which the
effectiveness of the research efforts and the value of reserves within
the System in addressing the coastal management issues identified in
paragraph (1) may be measured; and
(5) the consideration of additional sources of funds for estuarine
research than the funds authorized under this chapter, and strategies
for encouraging the use of such funds within the System, with particular
emphasis on mechanisms established under subsection (d) of this section.
In developing the guidelines under this section, the Secretary shall
consult with prominent members of the estuarine research community.
(d) Promotion and coordination of estuarine research
The Secretary shall take such action as is necessary to promote and
coordinate the use of the System for research purposes including --
(1) requiring that the National Oceanic and Atmospheric
Administration, in conducting or supporting estuarine research, give
priority consideration to research that uses the System; and
(2) consulting with other Federal and State agencies to promote use
of one or more reserves within the System by such agencies when
conducting estuarine research.
(e) Financial assistance
(1) The Secretary may, in accordance with such rules and regulations
as the Secretary shall promulgate, make grants --
(A) to a coastal state --
(i) for purposes of acquiring such lands and waters, and any property
interests therein, as are necessary to ensure the appropriate long-term
management of an area as a national estuarine reserve,
(ii) for purposes of operating or managing a national estuarine
reserve and constructing appropriate reserve facilities, or
(iii) for purposes of conducting educational or interpretive
activities; and
(B) to any coastal state or public or private person for purposes of
supporting research and monitoring within a national estuarine reserve
that are consistent with the research guidelines developed under
subsection (c) of this section.
(2) Financial assistance provided under paragraph (1) shall be
subject to such terms and conditions as the Secretary considers
necessary or appropriate to protect the interests of the United States,
including requiring coastal states to execute suitable title documents
setting forth the property interest or interests of the United States in
any lands and waters acquired in whole or part with such financial
assistance.
(3)(A) The amount of the financial assistance provided under
paragraph (1)(A)(i) with respect to the acquisition of lands and waters,
or interests therein, for any one national estuarine reserve may not
exceed an amount equal to 50 percent of the costs of the lands, waters,
and interests therein or $5,000,000, whichever amount is less.
(B) The amount of the financial assistance provided under paragraph
(1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed 70 percent of
the costs incurred to achieve the purposes described in those paragraphs
with respect to a reserve; except that the amount of the financial
assistance provided under paragraph (1)(A)(iii) may be up to 100 percent
of any costs for activities that benefit the entire System.
(f) Evaluation of System performance
(1) The Secretary shall periodically evaluate the operation and
management of each national estuarine reserve, including education and
interpretive activities, and the research being conducted within the
reserve.
(2) If evaluation under paragraph (1) reveals that the operation and
management of the reserve is deficient, or that the research being
conducted within the reserve is not consistent with the research
guidelines developed under subsection (c) of this section, the Secretary
may suspend the eligibility of that reserve for financial assistance
under subsection (e) of this section until the deficiency or
inconsistency is remedied.
(3) The Secretary may withdraw the designation of an estuarine area
as a national estuarine reserve if evaluation under paragraph (1)
reveals that --
(A) the basis for any one or more of the findings made under
subsection (b)(2) of this section regarding that area no longer exists;
or
(B) a substantial portion of the research conducted within the area,
over a period of years, has not been consistent with the research
guidelines developed under subsection (c) of this section.
(g) Report
The Secretary shall include in the report required under section 1462
of this title information regarding --
(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine reserves;
(3) the status of the research program being conducted within the
System; and
(4) a summary of the evaluations made under subsection (f) of this
section.
(Pub. L. 89-454, title III, 315, formerly 312, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered 315 and amended Pub.
L. 94-370, 7, 12, July 26, 1976, 90 Stat. 1019, 1030; Pub. L.
96-464, 11, Oct. 17, 1980, 94 Stat. 2067; Pub. L. 99-272, title VI,
6044, Apr. 7, 1986, 100 Stat. 125; Pub. L. 101-508, title VI, 6214,
Nov. 5, 1990, 104 Stat. 1388-313; Pub. L. 102-587, title II,
2205(b)(1)(A), (B), (21), (22), Nov. 4, 1992, 106 Stat. 5050, 5052.)
1992 -- Subsec. (a). Pub. L. 102-587, 2205(b)(21), substituted
''Research Reserve'' for ''Reserve Research''.
Subsec. (b). Pub. L. 102-587, 2205(b)(1)(A), substituted ''coastal
state'' for ''coastal State'' in pars. (1) and (2)(B) and (D).
Subsec. (c)(4). Pub. L. 102-587, 2205(b)(22), substituted
''paragraph (1)'' for ''subsection (1)''.
Subsec. (e). Pub. L. 102-587, 2205(b)(1)(A), (B), substituted
''coastal state'' for ''coastal State'' in par. (1)(A) and (B) and
''coastal states'' for ''coastal States'' in par. (2).
1990 -- Pub. L. 101-508, 6214(a), substituted ''Research Reserve''
for ''Reserve Research'' in section catchline.
Subsec. (e)(3)(A). Pub. L. 101-508, 6214(b), (d), substituted
''percent'' for ''per centum'' and ''$5,000,000'' for ''$4,000,000'',
and struck out ''of subsection (e) of this section'' after ''paragraph
(1)(A)(i)''.
Subsec. (e)(3)(B). Pub. L. 101-508, 6214(c), (d), substituted ''70
percent'' for ''50 per centum'', struck out ''of subsection (e) of this
section'' after ''paragraph (1)(B)'' and inserted before period at end
''; except that the amount of the financial assistance provided under
paragraph (1)(A)(iii) may be up to 100 percent of any costs for
activities that benefit the entire System''.
1986 -- Pub. L. 99-272 amended section generally. Prior to
amendment, section read as follows: ''The Secretary may, in accordance
with this section and in accordance with such rules and regulations as
the Secretary shall promulgate, make grants to any coastal state for the
purpose of --
''(1) acquiring, developing, or operating estuarine sanctuaries, to
serve as natural field laboratories in which to study and gather data on
the natural and human processes occurring within the estuaries of the
coastal zone; and
''(2) acquiring lands to provide for the preservation of islands, or
portions thereof.
The amount of any such grant shall not exceed 50 per centum of the
cost of the project involved; except that, in the case of acquisition
of any estuarine sanctuary, the Federal share of the cost thereof shall
not exceed $3,000,000. No grant for acquisition of land may be made
under this section without the approval of the Governor of the State in
which is located the land proposed to be acquired.''
1980 -- Pub. L. 96-464, in par. (2), substituted ''the preservation
of islands, or portions thereof'' for ''access to public beaches and
other public coastal areas of environmental, recreational, historical,
esthetic, ecological, or cultural value, and for the preservation of
islands''; and in provision following par. (2), raised the spending
limitation of $2,000,000 to $3,000,000 and inserted provision that no
grant for acquisition of land may be made under this section without the
approval of the Governor of the state in which the land proposed to be
acquired is located.
1976 -- Pub. L. 94-370, 12, restructured existing provisions into
pars. (1) and (2), inserted purpose of acquiring lands to provide for
access to beaches and other coastal areas and for the preservation of
islands, and struck out proviso that no Federal funds received pursuant
to sections 1454 or 1455 of this title be used for purposes of this
section.
7412.
16 USC 1462. Coastal zone management reports
TITLE 16 -- CONSERVATION
(a) Biennial reports
The Secretary shall consult with the Congress on a regular basis
concerning the administration of this chapter and shall prepare and
submit to the President for transmittal to the Congress a report
summarizing the administration of this chapter during each period of two
consecutive fiscal years. Each report, which shall be transmitted to
the Congress not later than April 1 of the year following the close of
the biennial period to which it pertains, shall include, but not be
restricted to (1) an identification of the state programs approved
pursuant to this chapter during the preceding Federal fiscal year and a
description of those programs; (2) a listing of the states
participating in the provisions of this chapter and a description of the
status of each state's programs and its accomplishments during the
preceding Federal fiscal year; (3) an itemization of the allocation of
funds to the various coastal states and a breakdown of the major
projects and areas on which these funds were expended; (4) an
identification of any state programs which have been reviewed and
disapproved, and a statement of the reasons for such actions; (5) a
summary of evaluation findings prepared in accordance with subsection
(a) of section 1458 of this title, and a description of any sanctions
imposed under subsections (c) and (d) of section 1458 of this title;
(6) a listing of all activities and projects which, pursuant to the
provisions of subsection (c) or subsection (d) of section 1456 of this
title, are not consistent with an applicable approved state management
program; (7) a summary of the regulations issued by the Secretary or in
effect during the preceding Federal fiscal year; (8) a summary of a
coordinated national strategy and program for the Nation's coastal zone
including identification and discussion of Federal, regional, state, and
local responsibilities and functions therein; (9) a summary of
outstanding problems arising in the administration of this chapter in
order of priority; (10) a description of the economic, environmental,
and social consequences of energy activity affecting the coastal zone
and an evaluation of the effectiveness of financial assistance under
section 1456a of this title in dealing with such consequences; (11) a
description and evaluation of applicable interstate and regional
planning and coordination mechanisms developed by the coastal states;
(12) a summary and evaluation of the research, studies, and training
conducted in support of coastal zone management; and (13) such other
information as may be appropriate.
(b) Recommendations for legislation
The report required by subsection (a) of this section shall contain
such recommendations for additional legislation as the Secretary deems
necessary to achieve the objectives of this chapter and enhance its
effective operation.
(c) Review of other Federal programs; report to Congress
(1) The Secretary shall conduct a systematic review of Federal
programs, other than this chapter, that affect coastal resources for
purposes of identifying conflicts between the objectives and
administration of such programs and the purposes and policies of this
chapter. Not later than 1 year after October 17, 1980, the Secretary
shall notify each Federal agency having appropriate jurisdiction of any
conflict between its program and the purposes and policies of this
chapter identified as a result of such review.
(2) The Secretary shall promptly submit a report to the Congress
consisting of the information required under paragraph (1) of this
subsection. Such report shall include recommendations for changes
necessary to resolve existing conflicts among Federal laws and programs
that affect the uses of coastal resources.
(Pub. L. 89-454, title III, 316, formerly 313, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered 316 and amended Pub.
L. 94-370, 7, 13, July 26, 1976, 90 Stat. 1019, 1030; Pub. L.
96-464, 10, Oct. 17, 1980, 94 Stat. 2066; Pub. L. 102-587, title II,
2205(b)(23), Nov. 4, 1992, 106 Stat. 5052.)
1992 -- Subsec. (a)(5). Pub. L. 102-587 substituted ''subsections
(c) and (d) of section 1458 of this title'' for ''subsections (c) and
(d) of this section''.
1980 -- Subsec. (a). Pub. L. 96-464, 10(2), in provision preceding
opening sentence, substituted provisions that the Secretary consult with
Congress concerning the administration of this chapter and prepare and
submit a biennial report to the President for transmittal to Congress
for provisions that the Secretary prepare and submit to the President
for transmittal to Congress an annual report for the preceding year not
later than November 1 of each year, in cl. (4), substituted ''reviewed
and disapproved and a'' for ''reviewed and disapproved or with respect
to which grants have been terminated under this chapter, and a'', added
cl. (5), and redesignated cls. (5) to (12) as (6) to (13)
respectively.
Subsec. (c). Pub. L. 96-464, 10(3), added subsec. (c).
1976 -- Subsec. (a). Pub. L. 94-370, 13, added cls. (9) to (11)
and redesignated former cl. (9) as (12).
Section 16 of Pub. L. 94-370 provided that:
''(a) The Secretary of Commerce shall --
''(1) undertake a comprehensive review of all aspects of the
molluscan shellfish industry, including, but not limited to, the
harvesting, processing, and transportation of such shellfish; and
''(2) evaluate the impact of Federal law concerning water quality on
the molluscan shellfish industry.
The Secretary of Commerce shall, not later than April 30, 1977,
submit a report to the Congress of the findings, comments, and
recommendations (if any) which result from such review and evaluation.
''(b) The Secretary of Health, Education, and Welfare (now Health and
Human Services) shall not promulgate final regulations concerning the
national shellfish safety program before June 30, 1977. At least 60
days prior to the promulgation of any such regulations, the Secretary of
Health, Education, and Welfare, in consultation with the Secretary of
Commerce, shall publish an analysis (1) of the economic impact of such
regulations on the domestic shellfish industry, and (2) the cost of such
national shellfish safety program relative to the benefits that it is
expected to achieve.''
16 USC 1463. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary shall develop and promulgate, pursuant to section 553
of title 5, after notice and opportunity for full participation by
relevant Federal agencies, state agencies, local governments, regional
organizations, port authorities, and other interested parties, both
public and private, such rules and regulations as may be necessary to
carry out the provisions of this chapter.
(Pub. L. 89-454, title III, 317, formerly 314, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered 317, Pub. L. 94-370,
7, July 26, 1976, 90 Stat. 1019.)
16 USC 1463a. Omitted
TITLE 16 -- CONSERVATION
Section, Pub. L. 96-464, 12(a)-(g), Oct. 17, 1980, 94 Stat. 2067;
Pub. L. 98-620, title IV, 402(20), Nov. 8, 1984, 98 Stat. 3358,
which required the Secretary of Commerce to submit to Congress any final
rule promulgated pursuant to this chapter and provided procedures for
Congressional disapproval of such rules was omitted pursuant to section
12(h) of Pub. L. 96-464, which provided that this section would cease
to have any force or effect after Sept. 30, 1985.
16 USC 1463b. National Coastal Resources Research and Development
Institute
TITLE 16 -- CONSERVATION
(a) Establishment by Secretary; administration
The Secretary of Commerce shall provide for the establishment of a
National Coastal Resources Research and Development Institute
(hereinafter in this section referred to as the ''Institute'') to be
administered by the Oregon State Marine Science Center.
(b) Purposes of Institute
The Institute shall conduct research and carry out educational and
demonstration projects designed to promote the efficient and responsible
development of ocean and coastal resources, including arctic resources.
Such projects shall be based on biological, geological, genetic,
economic and other scientific research applicable to the purposes of
this section and shall include studies on the economic diversification
and environmental protection of the Nation's coastal areas.
(c) Determination of Institute policies
(1) The policies of the Institute shall be determined by a Board of
Governors composed of --
(A) two representatives appointed by the Governor of Oregon;
(B) one representative appointed by the Governor of Alaska;
(C) one representative appointed by the Governor of Washington;
(D) one representative appointed by the Governor of California; and
(E) one representative appointed by the Governor of Hawaii.
(2) Such policies shall include the selection, on a nationally
competitive basis, of the research, projects, and studies to be
supported by the Institute in accordance with the purposes of this
section.
(d) Establishment of Advisory Council; functions and composition
(1) The Board of Governors shall establish an Advisory Council
composed of specialists in ocean and coastal resources from the academic
community.
(2) To the maximum extent practicable, the Advisory Council shall be
composed of such specialists from every coastal region of the Nation.
(3) The Advisory Council shall provide such advice to the Board of
Governors as such Board shall request, including recommendations
regarding the support of research, projects, and studies in accordance
with the purposes of this section.
(e) Administration of Institute
The Institute shall be administered by a Director who shall be
appointed by the Chancellor of the Oregon Board of Higher Education in
consultation with the Board of Governors.
(f) Evaluation of Institute by Secretary
The Secretary of Commerce shall conduct an ongoing evaluation of the
activities of the Institute to ensure that funds received by the
Institute under this section are used in a manner consistent with the
provisions of this section.
(g) Report to Secretary
The Institute shall report to the Secretary of Commerce on its
activities within 2 years after July 17, 1984.
(h) Access to Institute books, records and documents
The Comptroller General of the United States, and any of his duly
authorized representatives, shall have access, for the purpose of audit
and examination, to any books, documents, papers and records of the
Institute that are pertinent to the funds received under this section.
(i) Status of Institute employees
Employees of the Institute shall not, by reason of such employment,
be considered to be employees of the Federal Government for any purpose.
(j) Authorization of appropriations
For the purposes of this section, there are authorized to be
appropriated in each fiscal year $5,000,000, commencing with fiscal year
1985.
(Pub. L. 98-364, title II, 201, July 17, 1984, 98 Stat. 443.)
This section, referred to in subsecs. (a) to (d), (f), (h) and (j),
was in the original ''this title'', meaning title II of Pub. L.
98-364, which enacted this section.
Section was not enacted as part of the Coastal Zone Management Act of
1972 which comprises this chapter.
Advisory councils 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 council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided for by law. See sections 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
16 USC 1464. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) Sums appropriated to Secretary
There are authorized to be appropriated to the Secretary --
(1) such sums, not to exceed $750,000 for each of the fiscal years
occurring during the period beginning October 1, 1990, and ending
September 30, 1993, as may be necessary for grants under section 1454 of
this title, to remain available until expended;
(2) such sums, not to exceed $42,000,000 for the fiscal year ending
September 30, 1991, $48,890,000 for the fiscal year ending September 30,
1992, $58,870,000 for the fiscal year ending September 30, 1993,
$67,930,000 for the fiscal year ending September 30, 1994, and
$90,090,000 for the fiscal year ending September 30, 1995, as may be
necessary for grants under sections 1455, 1455a, and 1456b of this
title, to remain available until expended;
(3) such sums, not to exceed $6,000,000 for the fiscal year ending
September 30, 1991, $6,270,000 for the fiscal year ending September 30,
1992, $6,552,000 for the fiscal year ending September 30, 1993,
$6,847,000 for the fiscal year ending September 30, 1994, and $7,155,000
for the fiscal year ending September 30, 1995, as may be necessary for
grants under section 1461 of this title, to remain available until
expended; and
(4) such sums, not to exceed $10,000,000 for each of the fiscal years
occurring during the period beginning October 1, 1990, and ending
September 30, 1995, as may be necessary for activities under section
1456c of this title and for administrative expenses incident to the
administration of this chapter; except that expenditures for such
administrative expenses shall not exceed $5,000,000 in any such fiscal
year.
(b) Sums appropriated to Fund
There are authorized to be appropriated until October 1, 1986, to the
Fund, such sums, not to exceed $800,000,000, for the purposes of
carrying out the provisions of section 1456a of this title, other than
subsection (b), of which not to exceed $150,000,000 shall be for
purposes of subsections (c)(1), (c)(2) and (c)(3) of such section.
(c) Limitations
Federal funds received from other sources shall not be used to pay a
coastal state's share of costs under section 1455 or 1456b of this
title.
(d) Reversion to Secretary of unobligated State funds; availability
of funds
The amount of any grant, or portion of a grant, made to a State under
any section of this chapter which is not obligated by such State during
the fiscal year, or during the second fiscal year after the fiscal year,
for which it was first authorized to be obligated by such State shall
revert to the Secretary. The Secretary shall add such reverted amount
to those funds available for grants under the section for such reverted
amount was originally made available.
(Pub. L. 89-454, title III, 318, formerly 315, as added Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1289; amended Pub. L. 93-612, 1(3),
Jan. 2, 1975, 88 Stat. 1974; renumbered 318 and amended Pub. L.
94-370, 7, 14, July 26, 1976, 90 Stat. 1019, 1031; Pub. L. 95-372,
title V, 502, 503(e), (f), Sept. 18, 1978, 92 Stat. 692, 693; Pub.
L. 96-464, 13, Oct. 17, 1980, 94 Stat. 2070; Pub. L. 99-272, title VI,
6046, Apr. 7, 1986, 100 Stat. 127; Pub. L. 99-626, 7, Nov. 7, 1986,
100 Stat. 3506; Pub. L. 101-508, title VI, 6215, Nov. 5, 1990, 104
Stat. 1388-313.)
This chapter, referred to in subsec. (d), was in the original ''this
Act'' which was translated as reading ''this title'', meaning title III
of Pub. L. 89-454 which is classified generally to this chapter, to
reflect the probable intent of Congress.
1990 -- Subsec. (a)(1) to (4). Pub. L. 101-508 substituted pars.
(1) to (4) for former pars. (1) to (5) which read as follows:
''(1) such sums, not to exceed $35,000,000 for the fiscal year ending
September 30, 1986, not to exceed $36,600,000 for the fiscal year ending
September 30, 1987, $37,900,000 for the fiscal year ending September 30,
1988, $38,800,000 for the fiscal year ending September 30, 1989, and
$40,600,000 for the fiscal year ending September 30, 1990, as may be
necessary for grants under sections 1455 and 1455a of this title, to
remain available until expended;
''(2) such sums, not to exceed $75,000,000 for each of the fiscal
years occurring during the period beginning October 1, 1980, and ending
September 30, 1988, as may be necessary for grants under section
1456a(b) of this title;
''(3) such sums, not to exceed $1,000,000 for the fiscal year ending
September 30, 1986, and not to exceed $1,500,000 for each of the fiscal
years occurring during the period beginning October 1, 1986, and ending
September 30, 1990, as may be necessary for grants under section 1456b
of this title, to remain available until expended;
''(4) such sums, not to exceed $2,500,000 for the fiscal year ending
September 30, 1986, not to exceed $3,800,000 for the fiscal year ending
September 30, 1987, $4,500,000 for the fiscal year ending September 30,
1988, $5,000,000 for the fiscal year ending September 30, 1989, and
$5,500,000 for the fiscal year ending September 30, 1990, as may be
necessary for grants under section 1461 of this title, to remain
available until expended; and
''(5) such sums, not to exceed $3,300,000 for the fiscal year ending
September 30, 1986, not to exceed $3,300,000 for the fiscal year ending
September 30, 1987, $3,300,000 for the fiscal year ending September 30,
1988, $4,000,000 for the fiscal year ending September 30, 1989, and
$4,000,000 for the fiscal year ending September 30, 1990, as may be
necessary for administrative expenses incident to the administration of
this chapter.''
1986 -- Subsec. (a)(1). Pub. L. 99-272, 6046(1), substituted
authorization of appropriations for each of fiscal years 1986 through
1990 necessary for grants under sections 1455 and 1455a of this title,
for authorization of appropriations of $48,000,000 for each of fiscal
years 1981 through 1985 necessary for grants under section 1455 of this
title.
Subsec. (a)(2). Pub. L. 99-272, 6046(2), redesignated par. (3) as
(2), and struck out former par. (2) which authorized appropriations of
$20,000,000 for each of fiscal years 1981 through 1985 necessary for
grants under section 1455a of this title.
Subsec. (a)(3). Pub. L. 99-272, 6046(2), (3), redesignated par. (4)
as (3) and substituted authorization of appropriations for each of
fiscal years 1986 through 1990 necessary for grants under section 1456b
of this title, for authorization of appropriations of $3,000,000 for
each of fiscal years 1981 through 1985 necessary for grants under
section 1456b of this title. Former par. (3) redesignated (2).
Subsec. (a)(4). Pub. L. 99-272, 6046(2), (3), redesignated par. (5)
as (4) and substituted authorization of appropriations for each of
fiscal years 1986 through 1990 necessary for grants under section 1461
of this title, for authorization of appropriations of $9,000,000 for
each of fiscal years 1981 through 1985 necessary for grants under
section 1461 of this title. Former par. (4) redesignated (3).
Subsec. (a)(5), (6). Pub. L. 99-272, 6046(2), (3), redesignated
par. (6) as (5) and substituted authorization of appropriations for
each of fiscal years 1986 through 1990 necessary for administrative
expenses incident to administration of this chapter, for authorization
of appropriations of $6,000,000 for each of fiscal years 1981 through
1985 necessary for such administrative expenses. Former par. (5)
redesignated (4).
Subsec. (d). Pub. L. 99-626 added subsec. (d).
1980 -- Subsec. (a)(1). Pub. L. 96-464, 13(1), redesignated par.
(2) as (1) and substituted authorization of appropriation of $48,000,000
for each of the fiscal years 1981 through 1985, for authorization of
appropriation of $50,000,000 for fiscal years 1977 through 1980. Former
par. (1), which authorized appropriation of $20,000,000 for fiscal
years 1977 through 1979 for grants under section 1454 of this title, was
struck out.
Subsec. (a)(2). Pub. L. 96-464, 13(1), added par. (2). Former par.
(2) redesignated (1).
Subsec. (a)(3). Pub. L. 96-464, 13(1), substituted authorization of
appropriation of $75,000,000 for each of the fiscal years 1981 through
1988, for authorization of appropriation of $50,000,000 for each of the
fiscal year years 1977 and 1978, and $130,000,000 for each of the fiscal
years 1979 through 1988.
Subsec. (a)(4). Pub. L. 96-464, 13(1), redesignated par. (5) as (4)
and substituted authorization of appropriation of $3,000,000 for each of
the fiscal years 1981 through 1985, for authorization of appropriation
of $5,000,000 for each of the fiscal years 1977 through 1980. Former
par. (4), which authorized appropriation of $5,000,000 for each of the
fiscal years 1979 through 1983 for grants under section 1456a(c)(2) of
this title, was struck out.
Subsec. (a)(5). Pub. L. 96-464, 13(1), combined in par. (5),
authorization of appropriation of $31,000,000 for grants under section
1461 of this title for fiscal years 1977 through 1980 formerly contained
in pars. (7) and (8), and authorized appropriation of $9,000,000 for
grants under section 1461 of this title for fiscal years 1981 through
1985. Former par. (5) redesignated (4).
Subsec. (a)(6). Pub. L. 96-464, 13(1), redesignated par. (9) as (6)
and substituted authorization of appropriation of $6,000,000 for fiscal
years 1981 through 1985, for authorization of appropriation of
$5,000,000 for fiscal years 1977 through 1980. Former par. (6), which
contained authorization of appropriation of $10,000,000 for fiscal years
1977 through 1980 for financial assistance under section 1456c of this
title with equal division between subsecs. (a) and (b), was struck out.
Subsec. (a)(7) to (9). Pub. L. 96-464, 13(1), combined provisions
of pars. (7) and (8) into par. (5) and redesignated par. (9) as (6).
Subsec. (b). Pub. L. 96-464, 13(2), substituted ''subsection (b) of
this section, of which not to exceed $150,000,000 shall be for purposes
of subsections (c)(1), (c)(2) and (c)(3) of such section'' for
''subsections (b) and (c)(2), of which not to exceed $50,000,000 shall
be for purposes of subsections (c)(1) and (d)(4) of such section''.
Subsec. (c). Pub. L. 96-464, 13(3), substituted ''section 1455 or
1456b of this title'' for ''section 1454, 1455, 1456b or 1456c of this
title''.
1978 -- Subsec. (a)(3). Pub. L. 95-372, 502, substituted ''for each
of the fiscal years ending September 30, 1977, and September 30, 1978,
and not to exceed $130,000,000 per fiscal year for each of the fiscal
years occurring during the period beginning on October 1, 1978, and
ending September 30, 1988,'' for ''for each of the 8 fiscal years
occurring during the period beginning October 1, 1976, and ending
September 30, 1984,''.
Subsec. (a)(4) to (9). Pub. L. 95-372, 503(e), added par. (4) and
redesignated former pars. (4) to (8) as (5) to (9), respectively.
Subsec. (b). Pub. L. 95-372, 503(f), substituted ''subsections (b)
and (c)(2)'' for ''subsection (b)'' and ''subsections (c)(1)'' for
''subsections (c)''.
1976 -- Subsec. (a)(1). Pub. L. 94-370, 14, substituted provisions
authorizing appropriations of sums not to exceed $20,000,000 for each of
the fiscal years ending Sept. 30, 1977, Sept. 30, 1978, and Sept. 30,
1979 for provisions authorizing appropriations of the sum of $9,000,000
for the fiscal year ending June 30, 1973, and for each of the fiscal
years 1974 through 1977.
Subsec. (a)(2). Pub. L. 94-370, 14, substituted provisions
authorizing appropriations of sums not to exceed $50,000,000 for each of
the fiscal years ending Sept. 30, 1977, Sept. 30, 1978, Sept. 30,
1979, and Sept. 30, 1980 for provisions authorizing appropriations of
sums not to exceed $30,000,000 for the fiscal year ending June 30, 1974,
and for each of the fiscal years 1975 through 1977.
Subsec. (a)(3). Pub. L. 94-370, 14, substituted provisions
authorizing appropriations of sums not to exceed $50,000,000 for each of
the 8 fiscal years occurring during the period beginning Oct. 1, 1976,
and ending Sept. 30, 1984, as may be necessary for grants under section
1456a(b) of this title for provisions authorizing appropriations of sums
not to exceed $6,000,000 for the fiscal year ending June 30, 1974, as
may be necessary for grants under section 1461 of this title, to remain
available until expended.
Subsec. (a)(4) to (8). Pub. L. 94-370, 14, added pars. (4) to (8).
Subsec. (b). Pub. L. 94-370, 14, substituted provisions authorizing
appropriations until Oct. 1, 1986 to the Fund of sums not to exceed
$800,000,000 for the purpose of carrying out provisions of section 1456a
of this title, other than subsec. (b) of such section, of which sums
not to exceed $50,000,000 shall be for purposes of subsecs. (c) and
(d)(4) of such section for provisions authorizing appropriations of sums
not to exceed $3,000,000, for fiscal year 1973 and for each of the four
succeeding fiscal years, as may be necessary for administrative expenses
for administration of this chapter.
Subsec. (c). Pub. L. 94-370, 14, added subsec. (c).
1975 -- Subsec. (a)(1). Pub. L. 93-612, 1(3)(A), increased from
$9,000,000 to $12,000,000 the sums authorized to be appropriated for the
3 fiscal years following the fiscal year 1974.
Subsec. (a)(3). Pub. L. 93-612, 1(3)(B), inserted ''and for each of
the three succeeding fiscal years,'' after ''fiscal year ending June 30,
1974,''.
16 USC CHAPTER 34 -- RURAL ENVIRONMENTAL CONSERVATION PROGRAM
TITLE 16 -- CONSERVATION
Sec.
1501. Establishment and purpose of programs; contracting and
purchasing authority of Secretary; maintenance of continuing and stable
supply of agricultural commodities and forest products.
1502. Plan of farming operations or land use; necessity for
contract applicants to furnish Secretary; contents of plan.
1503. Contracts.
(a) Approved conservation plans as basis; duties of landowner or
operator under contracts.
(b) Duties of Secretary under contracts; shared costs.
(c) Termination and modification of contracts.
1504. Authority of Secretary to furnish eligible owners and
operators conservation materials, etc.
1505. Multiyear set-aside contracts.
(a) Contracting authority of Secretary; duration of contracts;
eligibility and duties of producers.
(b) Cost-sharing incentives for farm operators.
1506. Rules and regulations; limitations on total acreage retired
from production pursuant to contracts.
1507. Advisory boards.
(a) State boards; functions; membership; appointment and
qualifications of members; meetings.
(b) National board; establishment in consultation with Secretary of
the Interior; functions and duties.
1508. Coordination with and utilization by Secretary of Federal,
State, and local services and facilities to carry out programs and
plans.
1509. Repealed.
1510. Authorization of appropriations; construction and
continuation of programs, contracts, and authorities.
16 USC 1501. Establishment and purpose of programs; contracting and
purchasing authority of Secretary; maintenance of continuing and stable
supply of agricultural commodities and forest products
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law the Secretary shall carry
out the purposes specified in clauses (1), (2), (3), (4), and (6) of
section 590g(a) of this title, section 590p(b) of this title, and in the
Water Bank Act (16 U.S.C. 1301 et seq.) by entering into contracts of
three, five, ten, or twenty-five years with, and at the option of,
eligible owners and operators of land as determined by the Secretary and
having such control as the Secretary determines to be needed on the
farms, ranches, wetlands, forests, or other lands covered thereby. In
addition, the Secretary is hereby authorized to purchase easements for a
term of not less than 50 years to promote said purpose of this chapter,
including the sound use and management of flood plains, shore lands, and
aquatic areas of the Nation. Such contracts shall be designed to assist
farm, ranch, wetland, and nonindustrial private forest owners and
operators, or other owners or operators, to make, in orderly progression
over a period of years, such changes, if any, as are needed to
effectuate any of the purposes specified in clauses (1), (2), (3), (4),
and (6) of section 590g(a) of this title; section 590p(b) of this
title; the Water Bank Act; in enlarging fish and wildlife and
recreation sources; in improving the level of management of
nonindustrial private forest lands; and in providing long-term wildlife
and upland game cover. In carrying out the provisions of this chapter,
due regard shall be given to the maintenance of a continuing and stable
supply of agricultural commodities and forest products adequate to meet
consumer demand at prices fair to both producers and consumers.
(Pub. L. 91-524, title X, 1001, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 241; amended Pub. L. 93-125, 1(g)(i), Oct. 18,
1973, 87 Stat. 450; Pub. L. 99-198, title XIII, 1318(b)(2), Dec. 23,
1985, 99 Stat. 1531.)
The Water Bank Act, referred to in text, is Pub. L. 91-559, Dec.
19, 1970, 84 Stat. 1468, as amended, which is classified generally to
chapter 29 ( 1301 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1301
of this title and Tables.
1985 -- Pub. L. 99-198 substituted ''easements for a term of not
less than 50 years'' for ''perpetual easements'' in second sentence.
1973 -- Pub. L. 93-125 provided for corrective changes in format of
this section by transferring pars. (1) to (4) to section 1503(a) of
this title, which, as originally enacted, contained pars. (5) and (6)
but failed to contain pars. (1) to (4). See section 1503(a) of this
title.
16 USC 1502. Plan of farming operations or land use; necessity for
contract applicants to furnish Secretary; contents of plan
TITLE 16 -- CONSERVATION
Eligible landowners and operators for contracts under this chapter
shall furnish to the Secretary a plan of farming operations or land use
which incorporates such practices and principles as may be determined by
him to be practicable and which outlines a schedule of proposed changes,
if any, in cropping systems or land use and of the conservation measures
which are to be carried out on the farm, ranch, wetland, forests, or
other land during the contract period to protect the farm, ranch,
wetland, forests or other land and surrounding areas, its wildlife, and
nearby populace and communities from erosion, deterioration, pollution
by natural and manmade causes or to insure an adequate supply of timber
and related forest products. Said plans may also, in important
migratory waterfowl nesting and breeding areas which are identified in a
conservation plan developed in cooperation with a soil and water
conservation district in which the lands are located, and under such
rules and regulations as the Secretary may provide, include a schedule
of proposed changes, if any, to conserve surface waters and preserve and
improve habitat for migratory waterfowl and other wildlife resources and
improve subsurface moisture, including, subject to the provisions of
section 1501 of this title, the reduction of areas of new land coming
into production, the enhancement of the natural beauty of the landscape,
and the promotion of comprehensive and total water management study.
(Pub. L. 91-524, title X, 1002, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 242.)
16 USC 1503. Contracts
TITLE 16 -- CONSERVATION
(a) Approved conservation plans as basis; duties of landowner or
operator under contracts
Approved conservation plans of eligible landowners and operators
developed in cooperation with the soil and water conservation district
or the State forester or other appropriate State official in which their
lands are situated shall form a basis for contracts under this chapter.
Under the contract the landowner or operator shall agree --
(1) to effectuate the plan for his farm, ranch, forest, wetland, or
other land substantially in accordance with the schedule outlined
therein;
(2) to forfeit all rights to further payments or grants under the
contract and refund to the United States all payments or grants received
thereunder upon his violation of the contract at any state during the
time he has control of the land if the Secretary, after considering the
recommendations of the Soil and Water Conservation District Board, or
the State forester or other appropriate official in a contract entered
into under the provisions of section 1509 /1/ of this title, determines
that such violation is of such a nature as to warrant termination of the
contract, or to make refunds or accept such payment adjustments as the
Secretary may deem appropriate if he determines that the violation by
the owner or operator does not warrant termination of the contract;
(3) upon transfer of his right and interest in the farm, ranch,
forest, wetland, or other land during the contract period to forfeit all
rights to further payments or grants under the contract and refund to
the United States all payments or grants received thereunder unless the
transferee of any such land agrees with the Secretary to assume all
obligations of the contract;
(4) not to adopt any practice specified by the Secretary in the
contract as a practice which would tend to defeat the purposes of the
contract;
(5) to comply with all applicable Federal, State, or local laws, and
regulations, including those governing environmental protection and
noxious weed abatement; and
(6) to such additional provisions as the Secretary determines are
desirable and includes in the contract to effectuate the purposes of the
program or to facilitate the practical administration of the program:
Provided, That all contracts entered into to effectuate the purposes of
the Water Bank Act (16 U.S.C. 1301 et seq.) for wetlands shall contain
the further agreement of the owner or operator that he shall not drain,
burn, fill, or otherwise destroy the wetland character of such areas,
nor use such areas for agricultural purposes: And provided further,
That contracts entered into for the protection of wetlands to effectuate
the purposes of the Water Bank Act may include wetlands covered by
Federal or State government easement which permits agricultural use,
together with such adjacent areas as determined desirable by the
Secretary.
(b) Duties of Secretary under contracts; shared costs
In return for such agreement by the landowner or operator the
Secretary shall agree to make payments in appropriate circumstances for
the use of land maintained for conservation purposes as set forth in
this chapter, and share the cost of carrying out those conservation
practices and measures set forth in the contract for which he determines
that cost-sharing is appropriate and in the public interest. The
portion of such cost (including labor) to be shared shall be that part
which the Secretary determines is necessary and appropriate to
effectuate the physical installation of the conservation practices and
measures under the contract, but, in the case of a contract not entered
into under an advertising and bid procedure under the provisions of
section 1509(d) /1/ of this title, not less than 50 per centum or more
than 75 per centum of the actual costs incurred by the owner or
operator.
(c) Termination and modification of contracts
The Secretary may terminate any contract with a landowner or operator
by mutual agreement with the owner or operator if the Secretary
determines that such termination would be in the public interest, and
may agree to such modification of contracts previously entered into as
he may determine to be desirable to carry out the purposes of the
program or facilitate the practical administration thereof or to
accomplish equitable treatment with respect to other similar
conservation, land use, or commodity programs administered by the
Secretary.
(Pub. L. 91-524, title X, 1003, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 242; amended Pub. L. 93-125, 1(g)(i), Oct. 18,
1973, 87 Stat. 450.)
The Water Bank Act, referred to in subsec. (a)(6), is Pub. L.
91-559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified
generally to chapter 29 ( 1301 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1301 of this title and Tables.
Section 1509 of this title, referred to in subsecs. (a)(2) and (b),
was repealed by Pub. L. 95-313, 13(a)(7), July 1, 1978, 92 Stat. 374.
1973 -- Subsec. (a). Pub. L. 93-125 provided for corrective changes
in format, which as originally enacted, contained pars. (5) and (6) but
failed to contain pars. (1) to (4), by transferring from section 1501
of this title pars. (1) to (4) as set out herein.
/1/ See References in Text note below.
16 USC 1504. Authority of Secretary to furnish eligible owners and
operators conservation materials, etc.
TITLE 16 -- CONSERVATION
The Secretary is authorized to make available to eligible owners and
operators conservation materials including seeds, seed inoculants, soil
conditioning materials, trees, plants, and if he determines it is
appropriate to the purposes of this chapter, fertilizer and liming
materials.
(Pub. L. 91-524, title X, 1004, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 243.)
16 USC 1505. Multiyear set-aside contracts
TITLE 16 -- CONSERVATION
(a) Contracting authority of Secretary; duration of contracts;
eligibility and duties of producers
Notwithstanding the provisions of any other title, the Secretary may
establish multiyear set-aside contracts for a period not to extend
beyond the 1981 crop. Such contracts may be entered into only as a part
of the programs in effect for wheat, feed grains, and cotton for the
years 1974 through 1982, and only producers participating in one or more
of such programs shall be eligible to contract with the Secretary under
this section. Producers agreeing to a multiyear set-aside agreement
shall be required to devote this acreage to vegetative cover capable of
maintaining itself throughout such period to provide soil protection,
water quality enhancement, wildlife production, and natural beauty.
Grazing of livestock under this section shall be prohibited, except in
areas of a major disaster as determined by the President if the
Secretary finds there is a need therefor, as a result of such disaster.
Producers entering into agreements under this section shall also agree
to comply with all applicable State and local law and regulation
governing noxious weed control.
(b) Cost-sharing incentives for farm operators
The Secretary shall provide cost-sharing incentives to farm operators
for such cover establishment, whenever a multiyear contract is entered
into on all or a portion of the set-aside acreage.
(Pub. L. 91-524, title X, 1005, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 243; amended Pub. L. 95-113, title XV, 1509, Sept.
29, 1977, 91 Stat. 1022.)
Any other title, referred to in subsec. (a), probably has reference
to any other title of Pub. L. 91-524, which is popularly known as the
Agricultural Act of 1970. For complete classification of this Act to
the Code, see Short Title note set out under section 1281 of Title 7,
Agriculture, and Tables.
1977 -- Subsec. (a). Pub. L. 95-113 substituted ''1981'' for
''1977'' as the year beyond which a multiyear set-aside contract may not
extend, substituted ''1982'' for ''1978'' as the final crop year for
programs which the contracts entered into may involve, and inserted
exception to prohibition on grazing of livestock to apply in areas of a
major disaster as determined by the President if the Secretary finds
that there is a need therefor, as a result of the disaster.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of Title
7, Agriculture.
16 USC 1506. Rules and regulations; limitations on total acreage
retired from production pursuant to contracts
TITLE 16 -- CONSERVATION
The Secretary shall issue such regulations as he determines necessary
to carry out the provisions of this chapter. The total acreage placed
under agreements which result in their retirement from production in any
county or local community shall in addition to the limitations elsewhere
in this chapter be limited to a percentage of the total eligible acreage
in such county or local community which the Secretary determines would
not adversely affect the economy of the county or local community. In
determining such percentage the Secretary shall give appropriate
consideration to the productivity of the acreage being retired, if any,
as compared to the average productivity of eligible acreage in such
county or local community which the Secretary determines would not
adversely affect the economy of the county or local community.
(Pub. L. 91-524, title X, 1006, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 244.)
16 USC 1507. Advisory boards
TITLE 16 -- CONSERVATION
(a) State boards; functions; membership; appointment and
qualifications of members; meetings
The Secretary of Agriculture shall appoint an advisory board in each
State to advise the State committee of that State (established under
section 590h(b) of this title) regarding the types of conservation
measures that should be approved to effectuate the purposes of this
chapter. The Secretary shall appoint at least six individuals to the
advisory board of each State who are especially qualified by reason of
education, training, and experience in the fields of agriculture, soil,
water, wildlife, fish, and forest management. The advisory board
appointed for any State shall meet at least once each calendar year.
Said appointed members shall include, but not be limited to the State
soil conservationist, the State forester, the State administrator of the
water quality programs, and the State wildlife administrator or their
designees: Provided, That such board shall limit its advice to the
State committees to the types of conservation measures that should be
approved affecting the water bank program; the authorization to
purchase perpetual easements to promote the purposes of this chapter, as
described in section 1501 of this title; the providing of long-term
upland game cover; and the establishment and management of approved
practices on multiyear set-aside contracts as provided in section 1505
of this title.
(b) National board; establishment in consultation with Secretary of
the Interior; functions and duties
The Secretary of Agriculture, through the establishment of a national
advisory board to be named in consultation with the Secretary of the
Interior, shall seek the advice and assistance of the appropriate
officials of the several States in developing the programs under this
chapter, especially in developing guidelines for (1) providing technical
assistance for wildlife habitat improvement practices, (2) evaluating
effects on surrounding areas, (3) considering aesthetic values, (4)
checking compliance by cooperators, and (5) carrying out programs of
wildlife management authorized under this chapter: Provided, That such
board shall limit its advice to subjects which cover the types of
conservation measures that should be approved regarding the water bank
program; the authorization to purchase perpetual easements to promote
the purposes of this Act, as described in section 1501 of this title;
the providing of long-term upland game cover; and the establishment and
management of approved practices on multiyear set-aside contracts as
provided in section 1505 of this title.
(Pub. L. 91-524, title X, 1007, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 244; amended Pub. L. 93-125, 1(g)(ii), Oct. 18,
1973, 87 Stat. 450.)
This Act, referred to in subsec. (b), is Pub. L. 91-524, which is
popularly known as the Agricultural Act of 1970. For complete
classification of this Act to the Code, see Short Title note set out
under section 1281 of Title 7, Agriculture, and Tables.
1973 -- Subsec. (a). Pub. L. 93-125 substituted a period for the
colon at end.
Advisory boards 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 board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
16 USC 1508. Coordination with and utilization by Secretary of
Federal, State, and local services and facilities to carry out programs
and plans
TITLE 16 -- CONSERVATION
In carrying out the programs authorized under sections 1501 through
1506 of this title, the Secretary shall, in addition to appropriate
coordination with other interested Federal, State, and local agencies,
utilize the services of local, county, and State committees established
under section 590h of this title. The Secretary is also authorized to
utilize the facilities and services of the Commodity Credit Corporation
in discharging his functions and responsibilities under this program.
The Secretary shall also utilize the technical services of the Soil
Conservation Service, the Forest Service, State forestry organizations,
soil and water conservation districts, and other State, and Federal
agencies, as appropriate, in development and installation of approved
conservation plans under this chapter.
(Pub. L. 91-524, title X, 1008, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 244.)
16 USC 1509. Repealed. Pub. L. 95-313, 16(a)(7), formerly 13(a)(7),
July 1, 1978, 92 Stat. 374, renumbered 16(a)(7), Pub. L. 101-624,
title XII, 1215(1), Nov. 28, 1990, 104 Stat. 3525
TITLE 16 -- CONSERVATION
Section, Pub. L. 91-524, title X, 1009, as added Pub. L. 93-86,
1(28), Aug. 10, 1973, 87 Stat. 245, set forth provisions relating to
establishment, funding requirements, etc., for the forestry incentives
program.
Section repealed effective Oct. 1, 1978, see section 17 of Pub. L.
95-313, set out as an Effective Date note under section 2101 of this
title.
16 USC 1510. Authorization of appropriations; construction and
continuation of programs, contracts, and authorities
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated annually such sums as
may be necessary to carry out the provisions of this chapter. The
programs, contracts, and authority authorized under this chapter shall
be in addition to, and not in substitution for, other programs in such
areas authorized by this chapter or any other title or Act, and shall
not expire with the termination of any other title or Act.
(Pub. L. 91-524, title X, 1010, as added Pub. L. 93-86, 1(28), Aug.
10, 1973, 87 Stat. 245; amended Pub. L. 95-313, 16(a)(7), formerly
13(a)(7), July 1, 1978, 92 Stat. 374, renumbered 16(a)(7), Pub. L.
101-624, title XII, 1215(1), Nov. 28, 1990, 104 Stat. 3525.)
Any other title, referred to in text, probably has reference to any
other title of Pub. L. 91-524, which is popularly known as the
Agricultural Act of 1970. For complete classification of this Act to
the Code, see Short Title note set out under section 1281 of Title 7,
Agriculture, and Tables.
1978 -- Pub. L. 95-313 struck out proviso relating to limitation on
authorization of appropriations for forestry incentives program.
Amendment by Pub. L. 95-313 effective Oct. 1, 1978, see section 17
of Pub. L. 95-313, set out as an Effective Date note under section 2101
of this title.
16 USC CHAPTER 35 -- ENDANGERED SPECIES
TITLE 16 -- CONSERVATION
Sec.
1531. Congressional findings and declaration of purposes and policy.
(a) Findings.
(b) Purposes.
(c) Policy.
1532. Definitions.
1533. Determination of endangered species and threatened species.
(a) Generally.
(b) Basis for determinations.
(c) Lists.
(d) Protective regulations.
(e) Similarity of appearance cases.
(f) Recovery plans.
(g) Monitoring.
(h) Agency guidelines; publication in Federal Register; scope;
proposals and amendments: notice and opportunity for comments.
(i) Submission to State agency of justification for regulations
inconsistent with State agency's comments or petition.
1534. Land acquisition.
(a) Implementation of conservation program; authorization of
Secretary and Secretary of Agriculture.
(b) Availability of funds for acquisition of lands, waters, etc.
1535. Cooperation with States.
(a) Generally.
(b) Management agreements.
(c) Cooperative agreements.
(d) Allocation of funds.
(e) Review of State programs.
(f) Conflicts between Federal and State laws.
(g) Transition.
(h) Regulations.
(i) Appropriations.
1536. Interagency cooperation.
(a) Federal agency actions and consultations.
(b) Opinion of Secretary.
(c) Biological assessment.
(d) Limitation on commitment of resources.
(e) Endangered Species Committee.
(f) Promulgation of regulations; form and contents of exemption
application.
(g) Application for exemption; report to Committee.
(h) Grant of exemption.
(i) Review by Secretary of State; violation of international treaty
or other international obligation of United States.
(j) Exemption for national security reasons.
(k) Exemption decision not considered major Federal action;
environmental impact statement.
(l) Committee order granting exemption; cost of mitigation and
enhancement measures; report by applicant to Council on Environmental
Quality.
(m) Notice requirement for citizen suits not applicable.
(n) Judicial review.
(o) Exemption as providing exception on taking of endangered species.
(p) Exemptions in Presidentially declared disaster areas.
1537. International cooperation.
(a) Financial assistance.
(b) Encouragement of foreign programs.
(c) Personnel.
(d) Investigations.
1537a. Convention implementation.
(a) Management Authority and Scientific Authority.
(b) Management Authority functions.
(c) Scientific Authority functions; determinations.
(d) Reservations by the United States under Convention.
(e) Wildlife preservation in Western Hemisphere.
1538. Prohibited acts.
(a) Generally.
(b) Species held in captivity or controlled environment.
(c) Violation of Convention.
(d) Imports and exports.
(e) Reports.
(f) Designation of ports.
(g) Violations.
1539. Exceptions.
(a) Permits.
(b) Hardship exemptions.
(c) Notice and review.
(d) Permit and exemption policy.
(e) Alaska natives.
(f) Pre-Act endangered species parts exemption; application and
certification; regulation; validity of sales contract; separability;
renewal of exemption; expiration of renewal certification.
(g) Burden of proof.
(h) Certain antique articles; importation; port designation;
application for return of articles.
(i) Noncommercial transshipments.
(j) Experimental populations.
1540. Penalties and enforcement.
(a) Civil penalties.
(b) Criminal violations.
(c) District court jurisdiction.
(d) Rewards and incidental expenses.
(e) Enforcement.
(f) Regulations.
(g) Citizen suits.
(h) Coordination with other laws.
1541. Endangered plants.
1542. Authorization of appropriations.
(a) In general.
(b) Exemptions.
(c) Convention implementation.
1543. Construction with Marine Mammal Protection Act of 1972.
1544. Annual cost analysis by Fish and Wildlife Service.
section 2283.
16 USC 1531. Congressional findings and declaration of purposes and
policy
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds and declares that --
(1) various species of fish, wildlife, and plants in the United
States have been rendered extinct as a consequence of economic growth
and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted
in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic,
ecological, educational, historical, recreational, and scientific value
to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the
international community to conserve to the extent practicable the
various species of fish or wildlife and plants facing extinction,
pursuant to --
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in
the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic
Fisheries;
(E) the International Convention for the High Seas Fisheries of the
North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of
Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through
Federal financial assistance and a system of incentives, to develop and
maintain conservation programs which meet national and international
standards is a key to meeting the Nation's international commitments and
to better safeguarding, for the benefit of all citizens, the Nation's
heritage in fish, wildlife, and plants.
(b) Purposes
The purposes of this chapter are to provide a means whereby the
ecosystems upon which endangered species and threatened species depend
may be conserved, to provide a program for the conservation of such
endangered species and threatened species, and to take such steps as may
be appropriate to achieve the purposes of the treaties and conventions
set forth in subsection (a) of this section.
(c) Policy
(1) It is further declared to be the policy of Congress that all
Federal departments and agencies shall seek to conserve endangered
species and threatened species and shall utilize their authorities in
furtherance of the purposes of this chapter.
(2) It is further declared to be the policy of Congress that Federal
agencies shall cooperate with State and local agencies to resolve water
resource issues in concert with conservation of endangered species.
(Pub. L. 93-205, 2, Dec. 28, 1973, 87 Stat. 884; Pub. L. 96-159,
1, Dec. 28, 1979, 93 Stat. 1225; Pub. L. 97-304, 9(a), Oct. 13, 1982,
96 Stat. 1426; Pub. L. 100-478, title I, 1013(a), Oct. 7, 1988, 102
Stat. 2315.)
This chapter, referred to in subsecs. (b) and (c)(1), was in the
original ''this Act'', meaning Pub. L. 93-205, Dec. 28, 1973, 81 Stat.
884, as amended, known as the ''Endangered Species Act of 1973'', which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out below and Tables.
1988 -- Subsec. (a)(4)(G). Pub. L. 100-478 substituted ''; and''
for period at end.
1982 -- Subsec. (c). Pub. L. 97-304 designated existing provisions
as par. (1) and added par. (2).
1979 -- Subsec. (a)(5). Pub. L. 96-159 substituted ''wildlife, and
plants'' for ''wildlife''.
Section 16 of Pub. L. 93-205 provided that: ''This Act (enacting
this chapter, amending sections 460k-1, 460l-9, 668dd, 715i, 715s, 1362,
1371, 1372, and 1402 of this title and section 136 of Title 7,
Agriculture, repealing sections 668aa to 668cc-6 of this title, and
enacting provisions set out as notes under this section) shall take
effect on the date of its enactment (Dec. 28, 1973).''
Section 1 of Pub. L. 97-304 provided: ''That this Act (amending
this section and sections 1532, 1533, 1535, 1536, 1537a, 1538, 1539,
1540, and 1542 of this title and enacting provisions set out as notes
under sections 1533, 1537a, and 1539 of this title) may be cited as the
'Endangered Species Act Amendments of 1982'.''
Pub. L. 95-632, 1, Nov. 10, 1978, 92 Stat. 3751, provided: ''That
this Act (amending sections 1532 to 1536, 1538 to 1540, and 1542 of this
title) may be cited as the 'Endangered Species Act Amendments of
1978'.''
Section 1 of Pub. L. 93-205 provided: ''That this Act (enacting
this chapter, amending sections 460k-1, 460l-9, 668dd, 715i, 715s, 1362,
1371, 1372, and 1402 of this title and section 136 of Title 7,
Agriculture, repealing sections 668aa to 668cc-6 of this title, and
enacting provisions set out as notes under this section) may be cited as
the 'Endangered Species Act of 1973'.''
Pub. L. 102-251, title III, 305, Mar. 9, 1992, 106 Stat. 66,
provided that: ''The special areas defined in section 3(24) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(24))
shall be considered places that are subject to the jurisdiction of the
United States for the purposes of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).''
16 USC 1532. Definitions
TITLE 16 -- CONSERVATION
For the purpose of this chapter --
(1) The term ''alternative courses of action'' means all alternatives
and thus is not limited to original project objectives and agency
jurisdiction.
(2) The term ''commercial activity'' means all activities of industry
and trade, including, but not limited to, the buying or selling of
commodities and activities conducted for the purpose of facilitating
such buying and selling: Provided, however, That it does not include
exhibition of commodities by museums or similar cultural or historical
organizations.
(3) The terms ''conserve'', ''conserving'', and ''conservation'' mean
to use and the use of all methods and procedures which are necessary to
bring any endangered species or threatened species to the point at which
the measures provided pursuant to this chapter are no longer necessary.
Such methods and procedures include, but are not limited to, all
activities associated with scientific resources management such as
research, census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation, and, in the
extraordinary case where population pressures within a given ecosystem
cannot be otherwise relieved, may include regulated taking.
(4) The term ''Convention'' means the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, signed on March 3,
1973, and the appendices thereto.
(5)(A) The term ''critical habitat'' for a threatened or endangered
species means --
(i) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of
section 1533 of this title, on which are found those physical or
biological features (I) essential to the conservation of the species and
(II) which may require special management considerations or protection;
and
(ii) specific areas outside the geographical area occupied by the
species at the time it is listed in accordance with the provisions of
section 1533 of this title, upon a determination by the Secretary that
such areas are essential for the conservation of the species.
(B) Critical habitat may be established for those species now listed
as threatened or endangered species for which no critical habitat has
heretofore been established as set forth in subparagraph (A) of this
paragraph.
(C) Except in those circumstances determined by the Secretary,
critical habitat shall not include the entire geographical area which
can be occupied by the threatened or endangered species.
(6) The term ''endangered species'' means any species which is in
danger of extinction throughout all or a significant portion of its
range other than a species of the Class Insecta determined by the
Secretary to constitute a pest whose protection under the provisions of
this chapter would present an overwhelming and overriding risk to man.
(7) The term ''Federal agency'' means any department, agency, or
instrumentality of the United States.
(8) The term ''fish or wildlife'' means any member of the animal
kingdom, including without limitation any mammal, fish, bird (including
any migratory, nonmigratory, or endangered bird for which protection is
also afforded by treaty or other international agreement), amphibian,
reptile, mollusk, crustacean, arthropod or other invertebrate, and
includes any part, product, egg, or offspring thereof, or the dead body
or parts thereof.
(9) The term ''foreign commerce'' includes, among other things, any
transaction --
(A) between persons within one foreign country;
(B) between persons in two or more foreign countries;
(C) between a person within the United States and a person in a
foreign country; or
(D) between persons within the United States, where the fish and
wildlife in question are moving in any country or countries outside the
United States.
(10) The term ''import'' means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce into, any place
subject to the jurisdiction of the United States, whether or not such
landing, bringing, or introduction constitutes an importation within the
meaning of the customs laws of the United States.
(11) Repealed. Pub. L. 97-304, 4(b), Oct. 13, 1982, 96 Stat.
1420.
(12) The term ''permit or license applicant'' means, when used with
respect to an action of a Federal agency for which exemption is sought
under section 1536 of this title, any person whose application to such
agency for a permit or license has been denied primarily because of the
application of section 1536(a) of this title to such agency action.
(13) The term ''person'' means an individual, corporation,
partnership, trust, association, or any other private entity; or any
officer, employee, agent, department, or instrumentality of the Federal
Government, of any State, municipality, or political subdivision of a
State, or of any foreign government; any State, municipality, or
political subdivision of a State; or any other entity subject to the
jurisdiction of the United States.
(14) The term ''plant'' means any member of the plant kingdom,
including seeds, roots and other parts thereof.
(15) The term ''Secretary'' means, except as otherwise herein
provided, the Secretary of the Interior or the Secretary of Commerce as
program responsibilities are vested pursuant to the provisions of
Reorganization Plan Numbered 4 of 1970; except that with respect to the
enforcement of the provisions of this chapter and the Convention which
pertain to the importation or exportation of terrestrial plants, the
term also means the Secretary of Agriculture.
(16) The term ''species'' includes any subspecies of fish or wildlife
or plants, and any distinct population segment of any species of
vertebrate fish or wildlife which interbreeds when mature.
(17) The term ''State'' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, Guam, and the Trust Territory of the Pacific Islands.
(18) The term ''State agency'' means any State agency, department,
board, commission, or other governmental entity which is responsible for
the management and conservation of fish, plant, or wildlife resources
within a State.
(19) The term ''take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct.
(20) The term ''threatened species'' means any species which is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.
(21) The term ''United States'', when used in a geographical context,
includes all States.
(Pub. L. 93-205, 3, Dec. 28, 1973, 87 Stat. 885; Pub. L. 94-359,
5, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, 2, Nov. 10, 1978, 92
Stat. 3751; Pub. L. 96-159, 2, Dec. 28, 1979, 93 Stat. 1225; Pub. L.
97-304, 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L. 100-478, title I,
1001, Oct. 7, 1988, 102 Stat. 2306.)
The customs laws of the United States, referred to in par. (10), are
classified generally to Title 19, Customs Duties.
Reorganization Plan Numbered 4 of 1970, referred to in par. (15), is
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090, which is set out in the Appendix to Title 5, Government
Organization and Employees.
1988 -- Par. (13). Pub. L. 100-478, 1001(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: ''The term
'person' means an individual, corporation, partnership, trust,
association, or any other private entity, or any officer, employee,
agent, department, or instrumentality of the Federal Government, of any
State or political subdivision thereof, or of any foreign government.''
Par. (15). Pub. L. 100-478, 1001(b), inserted ''also'' before
''means the Secretary of Agriculture''.
1982 -- Par. (11). Pub. L. 97-304 struck out par. (11) which
defined ''irresolvable conflict'' as, with respect to any action
authorized, funded, or carried out by a Federal agency, a set of
circumstances under which, after consultation as required in section
1536(a) of this title, completion of such action would violate section
1536(a)(2) of this title.
1979 -- Par. (11). Pub. L. 96-159 substituted ''action would violate
section 1536(a)(2) of this title'' for ''action would (A) jeopardize the
continued existence of an endangered or threatened species, or (B)
result in the adverse modification or destruction of a critical
habitat''.
1978 -- Pars. (1) to (4). Pub. L. 95-632, 2(1), (7), added par.
(1) and redesignated former pars. (1) to (3) as (2) to (4),
respectively. Former par. (4) redesignated (6).
Par. (5). Pub. L. 95-632, 2(2), (7), added par. (5). Former par.
(5) redesignated (8).
Par. (6). Pub. L. 95-632, 2(7), redesignated former par. (4) as
(6). Former par. (6) redesignated (9).
Par. (7). Pub. L. 95-632, 2(3), (7), added par. (7). Former par.
(7) redesignated (10).
Pars. (8) to (10). Pub. L. 95-632, 2(7), redesignated former pars.
(5) to (7) as (8) to (10), respectively. Former pars. (8) to (10)
redesignated (13) to (15), respectively.
Pars. (11), (12). Pub. L. 95-632, 2(4), (7), added pars. (11) and
(12). Former pars. (11) and (12) redesignated (16) and (17),
respectively.
Pars. (13) to (15). Pub. L. 95-632, 2(7), redesignated former pars.
(8) to (10) as (13) to (15), respectively. Former pars. (13) to (15)
redesignated as (18) to (20), respectively.
Par. (16). Pub. L. 95-632, 2(5), (7), redesignated former par. (11)
as (16) and substituted ''and any distinct population segment of any
species of vertebrate fish or wildlife which interbreeds when mature''
for ''and any other group of fish or wildlife of the same species or
smaller taxa in common spatial arrangement that interbreed when
mature''. Former par. (16) redesignated (21).
Par. (17). Pub. L. 95-632, 2(7), redesignated former par. (12) as
(17).
Par. (18). Pub. L. 95-632, 2(6), (7), redesignated former par. (13)
as (18) and substituted ''fish, plant, or wildlife'' for ''fish or
wildlife''.
Pars. (19) to (21). Pub. L. 95-632, 2(7), redesignated pars. (14)
to (16) as (19) to (21), respectively.
1976 -- Par. (1). Pub. L. 94-359 inserted '': Provided, however,
That it does not include exhibition of commodities by museums or similar
cultural or historical organizations.'' after ''facilitating such buying
and selling''.
16 USC 1533. Determination of endangered species and threatened
species
TITLE 16 -- CONSERVATION
(a) Generally
(1) The Secretary shall by regulation promulgated in accordance with
subsection (b) of this section determine whether any species is an
endangered species or a threatened species because of any of the
following factors:
(A) the present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or
educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued
existence.
(2) With respect to any species over which program responsibilities
have been vested in the Secretary of Commerce pursuant to Reorganization
Plan Numbered 4 of 1970 --
(A) in any case in which the Secretary of Commerce determines that
such species should --
(i) be listed as an endangered species or a threatened species, or
(ii) be changed in status from a threatened species to an endangered
species,
he shall so inform the Secretary of the Interior; who shall list
such species in accordance with this section;
(B) in any case in which the Secretary of Commerce determines that
such species should --
(i) be removed from any list published pursuant to subsection (c) of
this section, or
(ii) be changed in status from an endangered species to a threatened
species,
he shall recommend such action to the Secretary of the Interior, and
the Secretary of the Interior, if he concurs in the recommendation,
shall implement such action; and
(C) the Secretary of the Interior may not list or remove from any
list any such species, and may not change the status of any such species
which are listed, without a prior favorable determination made pursuant
to this section by the Secretary of Commerce.
(3) The Secretary, by regulation promulgated in accordance with
subsection (b) of this section and to the maximum extent prudent and
determinable --
(A) shall, concurrently with making a determination under paragraph
(1) that a species is an endangered species or a threatened species,
designate any habitat of such species which is then considered to be
critical habitat; and
(B) may, from time-to-time thereafter as appropriate, revise such
designation.
(b) Basis for determinations
(1)(A) The Secretary shall make determinations required by subsection
(a)(1) of this section solely on the basis of the best scientific and
commercial data available to him after conducting a review of the status
of the species and after taking into account those efforts, if any,
being made by any State or foreign nation, or any political subdivision
of a State or foreign nation, to protect such species, whether by
predator control, protection of habitat and food supply, or other
conservation practices, within any area under its jurisdiction; or on
the high seas.
(B) In carrying out this section, the Secretary shall give
consideration to species which have been --
(i) designated as requiring protection from unrestricted commerce by
any foreign nation, or pursuant to any international agreement; or
(ii) identified as in danger of extinction, or likely to become so
within the foreseeable future, by any State agency or by any agency of a
foreign nation that is responsible for the conservation of fish or
wildlife or plants.
(2) The Secretary shall designate critical habitat, and make
revisions thereto, under subsection (a)(3) of this section on the basis
of the best scientific data available and after taking into
consideration the economic impact, and any other relevant impact, of
specifying any particular area as critical habitat. The Secretary may
exclude any area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying such area
as part of the critical habitat, unless he determines, based on the best
scientific and commercial data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species concerned.
(3)(A) To the maximum extent practicable, within 90 days after
receiving the petition of an interested person under section 553(e) of
title 5, to add a species to, or to remove a species from, either of the
lists published under subsection (c) of this section, the Secretary
shall make a finding as to whether the petition presents substantial
scientific or commercial information indicating that the petitioned
action may be warranted. If such a petition is found to present such
information, the Secretary shall promptly commence a review of the
status of the species concerned. The Secretary shall promptly publish
each finding made under this subparagraph in the Federal Register.
(B) Within 12 months after receiving a petition that is found under
subparagraph (A) to present substantial information indicating that the
petitioned action may be warranted, the Secretary shall make one of the
following findings:
(i) The petitioned action is not warranted, in which case the
Secretary shall promptly publish such finding in the Federal Register.
(ii) The petitioned action is warranted, in which case the Secretary
shall promptly publish in the Federal Register a general notice and the
complete text of a proposed regulation to implement such action in
accordance with paragraph (5).
(iii) The petitioned action is warranted, but that --
(I) the immediate proposal and timely promulgation of a final
regulation implementing the petitioned action in accordance with
paragraphs (5) and (6) is precluded by pending proposals to determine
whether any species is an endangered species or a threatened species,
and
(II) expeditious progress is being made to add qualified species to
either of the lists published under subsection (c) of this section and
to remove from such lists species for which the protections of this
chapter are no longer necessary,
in which case the Secretary shall promptly publish such finding in
the Federal Register, together with a description and evaluation of the
reasons and data on which the finding is based.
(C)(i) A petition with respect to which a finding is made under
subparagraph (B)(iii) shall be treated as a petition that is resubmitted
to the Secretary under subparagraph (A) on the date of such finding and
that presents substantial scientific or commercial information that the
petitioned action may be warranted.
(ii) Any negative finding described in subparagraph (A) and any
finding described in subparagraph (B)(i) or (iii) shall be subject to
judicial review.
(iii) The Secretary shall implement a system to monitor effectively
the status of all species with respect to which a finding is made under
subparagraph (B)(iii) and shall make prompt use of the authority under
paragraph 7 /1/ to prevent a significant risk to the well being of any
such species.
(D)(i) To the maximum extent practicable, within 90 days after
receiving the petition of an interested person under section 553(e) of
title 5, to revise a critical habitat designation, the Secretary shall
make a finding as to whether the petition presents substantial
scientific information indicating that the revision may be warranted.
The Secretary shall promptly publish such finding in the Federal
Register.
(ii) Within 12 months after receiving a petition that is found under
clause (i) to present substantial information indicating that the
requested revision may be warranted, the Secretary shall determine how
he intends to proceed with the requested revision, and shall promptly
publish notice of such intention in the Federal Register.
(4) Except as provided in paragraphs (5) and (6) of this subsection,
the provisions of section 553 of title 5 (relating to rulemaking
procedures), shall apply to any regulation promulgated to carry out the
purposes of this chapter.
(5) With respect to any regulation proposed by the Secretary to
implement a determination, designation, or revision referred to in
subsection (a)(1) or (3) of this section, the Secretary shall --
(A) not less than 90 days before the effective date of the regulation
--
(i) publish a general notice and the complete text of the proposed
regulation in the Federal Register, and
(ii) give actual notice of the proposed regulation (including the
complete text of the regulation) to the State agency in each State in
which the species is believed to occur, and to each county, or
equivalent jurisdiction in which the species is believed to occur, and
invite the comment of such agency, and each such jurisdiction, thereon;
(B) insofar as practical, and in cooperation with the Secretary of
State, give notice of the proposed regulation to each foreign nation in
which the species is believed to occur or whose citizens harvest the
species on the high seas, and invite the comment of such nation thereon;
(C) give notice of the proposed regulation to such professional
scientific organizations as he deems appropriate;
(D) publish a summary of the proposed regulation in a newspaper of
general circulation in each area of the United States in which the
species is believed to occur; and
(E) promptly hold one public hearing on the proposed regulation if
any person files a request for such a hearing within 45 days after the
date of publication of general notice.
(6)(A) Within the one-year period beginning on the date on which
general notice is published in accordance with paragraph (5)(A)(i)
regarding a proposed regulation, the Secretary shall publish in the
Federal Register --
(i) if a determination as to whether a species is an endangered
species or a threatened species, or a revision of critical habitat, is
involved, either --
(I) a final regulation to implement such determination,
(II) a final regulation to implement such revision or a finding that
such revision should not be made,
(III) notice that such one-year period is being extended under
subparagraph (B)(i), or
(IV) notice that the proposed regulation is being withdrawn under
subparagraph (B)(ii), together with the finding on which such withdrawal
is based; or
(ii) subject to subparagraph (C), if a designation of critical
habitat is involved, either --
(I) a final regulation to implement such designation, or
(II) notice that such one-year period is being extended under such
subparagraph.
(B)(i) If the Secretary finds with respect to a proposed regulation
referred to in subparagraph (A)(i) that there is substantial
disagreement regarding the sufficiency or accuracy of the available data
relevant to the determination or revision concerned, the Secretary may
extend the one-year period specified in subparagraph (A) for not more
than six months for purposes of soliciting additional data.
(ii) If a proposed regulation referred to in subparagraph (A)(i) is
not promulgated as a final regulation within such one-year period (or
longer period if extension under clause (i) applies) because the
Secretary finds that there is not sufficient evidence to justify the
action proposed by the regulation, the Secretary shall immediately
withdraw the regulation. The finding on which a withdrawal is based
shall be subject to judicial review. The Secretary may not propose a
regulation that has previously been withdrawn under this clause unless
he determines that sufficient new information is available to warrant
such proposal.
(iii) If the one-year period specified in subparagraph (A) is
extended under clause (i) with respect to a proposed regulation, then
before the close of such extended period the Secretary shall publish in
the Federal Register either a final regulation to implement the
determination or revision concerned, a finding that the revision should
not be made, or a notice of withdrawal of the regulation under clause
(ii), together with the finding on which the withdrawal is based.
(C) A final regulation designating critical habitat of an endangered
species or a threatened species shall be published concurrently with the
final regulation implementing the determination that such species is
endangered or threatened, unless the Secretary deems that --
(i) it is essential to the conservation of such species that the
regulation implementing such determination be promptly published; or
(ii) critical habitat of such species is not then determinable, in
which case the Secretary, with respect to the proposed regulation to
designate such habitat, may extend the one-year period specified in
subparagraph (A) by not more than one additional year, but not later
than the close of such additional year the Secretary must publish a
final regulation, based on such data as may be available at that time,
designating, to the maximum extent prudent, such habitat.
(7) Neither paragraph (4), (5), or (6) of this subsection nor section
553 of title 5 shall apply to any regulation issued by the Secretary in
regard to any emergency posing a significant risk to the well-being of
any species of fish or wildlife or plants, but only if --
(A) at the time of publication of the regulation in the Federal
Register the Secretary publishes therein detailed reasons why such
regulation is necessary; and
(B) in the case such regulation applies to resident species of fish
or wildlife, or plants, the Secretary gives actual notice of such
regulation to the State agency in each State in which such species is
believed to occur.
Such regulation shall, at the discretion of the Secretary, take
effect immediately upon the publication of the regulation in the Federal
Register. Any regulation promulgated under the authority of this
paragraph shall cease to have force and effect at the close of the
240-day period following the date of publication unless, during such
240-day period, the rulemaking procedures which would apply to such
regulation without regard to this paragraph are complied with. If at
any time after issuing an emergency regulation the Secretary determines,
on the basis of the best appropriate data available to him, that
substantial evidence does not exist to warrant such regulation, he shall
withdraw it.
(8) The publication in the Federal Register of any proposed or final
regulation which is necessary or appropriate to carry out the purposes
of this chapter shall include a summary by the Secretary of the data on
which such regulation is based and shall show the relationship of such
data to such regulation; and if such regulation designates or revises
critical habitat, such summary shall, to the maximum extent practicable,
also include a brief description and evaluation of those activities
(whether public or private) which, in the opinion of the Secretary, if
undertaken may adversely modify such habitat, or may be affected by such
designation.
(c) Lists
(1) The Secretary of the Interior shall publish in the Federal
Register a list of all species determined by him or the Secretary of
Commerce to be endangered species and a list of all species determined
by him or the Secretary of Commerce to be threatened species. Each list
shall refer to the species contained therein by scientific and common
name or names, if any, specify with respect to each such species over
what portion of its range it is endangered or threatened, and specify
any critical habitat within such range. The Secretary shall from time
to time revise each list published under the authority of this
subsection to reflect recent determinations, designations, and revisions
made in accordance with subsections (a) and (b) of this section.
(2) The Secretary shall --
(A) conduct, at least once every five years, a review of all species
included in a list which is published pursuant to paragraph (1) and
which is in effect at the time of such review; and
(B) determine on the basis of such review whether any such species
should --
(i) be removed from such list;
(ii) be changed in status from an endangered species to a threatened
species; or
(iii) be changed in status from a threatened species to an endangered
species.
Each determination under subparagraph (B) shall be made in accordance
with the provisions of subsections (a) and (b) of this section.
(d) Protective regulations
Whenever any species is listed as a threatened species pursuant to
subsection (c) of this section, the Secretary shall issue such
regulations as he deems necessary and advisable to provide for the
conservation of such species. The Secretary may by regulation prohibit
with respect to any threatened species any act prohibited under section
1538(a)(1) of this title, in the case of fish or wildlife, or section
1538(a)(2) of this title, in the case of plants, with respect to
endangered species; except that with respect to the taking of resident
species of fish or wildlife, such regulations shall apply in any State
which has entered into a cooperative agreement pursuant to section
1535(c) of this title only to the extent that such regulations have also
been adopted by such State.
(e) Similarity of appearance cases
The Secretary may, by regulation of commerce or taking, and to the
extent he deems advisable, treat any species as an endangered species or
threatened species even though it is not listed pursuant to this section
if he finds that --
(A) such species so closely resembles in appearance, at the point in
question, a species which has been listed pursuant to such section that
enforcement personnel would have substantial difficulty in attempting to
differentiate between the listed and unlisted species;
(B) the effect of this substantial difficulty is an additional threat
to an endangered or threatened species; and
(C) such treatment of an unlisted species will substantially
facilitate the enforcement and further the policy of this chapter.
(f) Recovery plans
(1) The Secretary shall develop and implement plans (hereinafter in
this subsection referred to as ''recovery plans'') for the conservation
and survival of endangered species and threatened species listed
pursuant to this section, unless he finds that such a plan will not
promote the conservation of the species. The Secretary, in developing
and implementing recovery plans, shall, to the maximum extent
practicable --
(A) give priority to those endangered species or threatened species,
without regard to taxonomic classification, that are most likely to
benefit from such plans, particularly those species that are, or may be,
in conflict with construction or other development projects or other
forms of economic activity;
(B) incorporate in each plan --
(i) a description of such site-specific management actions as may be
necessary to achieve the plan's goal for the conservation and survival
of the species;
(ii) objective, measurable criteria which, when met, would result in
a determination, in accordance with the provisions of this section, that
the species be removed from the list; and
(iii) estimates of the time required and the cost to carry out those
measures needed to achieve the plan's goal and to achieve intermediate
steps toward that goal.
(2) The Secretary, in developing and implementing recovery plans, may
procure the services of appropriate public and private agencies and
institutions, and other qualified persons. Recovery teams appointed
pursuant to this subsection shall not be subject to the Federal Advisory
Committee Act.
(3) The Secretary shall report every two years to the Committee on
Environment and Public Works of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives on the status of
efforts to develop and implement recovery plans for all species listed
pursuant to this section and on the status of all species for which such
plans have been developed.
(4) The Secretary shall, prior to final approval of a new or revised
recovery plan, provide public notice and an opportunity for public
review and comment on such plan. The Secretary shall consider all
information presented during the public comment period prior to approval
of the plan.
(5) Each Federal agency shall, prior to implementation of a new or
revised recovery plan, consider all information presented during the
public comment period under paragraph (4).
(g) Monitoring
(1) The Secretary shall implement a system in cooperation with the
States to monitor effectively for not less than five years the status of
all species which have recovered to the point at which the measures
provided pursuant to this chapter are no longer necessary and which, in
accordance with the provisions of this section, have been removed from
either of the lists published under subsection (c) of this section.
(2) The Secretary shall make prompt use of the authority under
paragraph 7 /2/ of subsection (b) of this section to prevent a
significant risk to the well being of any such recovered species.
(h) Agency guidelines; publication in Federal Register; scope;
proposals and amendments: notice and opportunity for comments
The Secretary shall establish, and publish in the Federal Register,
agency guidelines to insure that the purposes of this section are
achieved efficiently and effectively. Such guidelines shall include,
but are not limited to --
(1) procedures for recording the receipt and the disposition of
petitions submitted under subsection (b)(3) of this section;
(2) criteria for making the findings required under such subsection
with respect to petitions;
(3) a ranking system to assist in the identification of species that
should receive priority review under subsection (a)(1) of this section;
and
(4) a system for developing and implementing, on a priority basis,
recovery plans under subsection (f) of this section.
The Secretary shall provide to the public notice of, and opportunity
to submit written comments on, any guideline (including any amendment
thereto) proposed to be established under this subsection.
(i) Submission to State agency of justification for regulations
inconsistent with State agency's comments or petition
If, in the case of any regulation proposed by the Secretary under the
authority of this section, a State agency to which notice thereof was
given in accordance with subsection (b)(5)(A)(ii) of this section files
comments disagreeing with all or part of the proposed regulation, and
the Secretary issues a final regulation which is in conflict with such
comments, or if the Secretary fails to adopt a regulation pursuant to an
action petitioned by a State agency under subsection (b)(3) of this
section, the Secretary shall submit to the State agency a written
justification for his failure to adopt regulations consistent with the
agency's comments or petition.
(Pub. L. 93-205, 4, Dec. 28, 1973, 87 Stat. 886; Pub. L. 94-359,
1, July 12, 1976, 90 Stat. 911; Pub. L. 95-632, 11, 13, Nov. 10,
1978, 92 Stat. 3764, 3766; Pub. L. 96-159, 3, Dec. 28, 1979, 93 Stat.
1225; Pub. L. 97-304, 2(a), Oct. 13, 1982, 96 Stat. 1411; Pub. L.
100-478, title I, 1002-1004, Oct. 7, 1988, 102 Stat. 2306, 2307.)
Reorganization Plan Numbered 4 of 1970, referred to in subsec.
(a)(2), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, which is set out in the Appendix to Title 5,
Government Organization and Employees.
The Federal Advisory Committee Act, referred to in subsec. (f)(2),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5.
1988 -- Subsec. (b)(3)(C)(iii). Pub. L. 100-478, 1002(a), added
subcl. (iii).
Subsec. (e). Pub. L. 100-478, 1002(b), substituted ''regulation of
commerce or taking,'' for ''regulation,'' in introductory provisions.
Subsec. (f). Pub. L. 100-478, 1003, amended subsec. (f) generally.
Prior to amendment, subsec. (f) read as follows: ''The Secretary shall
develop and implement plans (hereinafter in this subsection referred to
as 'recovery plans') for the conservation and survival of endangered
species and threatened species listed pursuant to this section, unless
he finds that such a plan will not promote the conservation of the
species. The Secretary, in developing and implementing recovery plans
(1) shall, to the maximum extent practicable, give priority to those
endangered species or threatened species most likely to benefit from
such plans, particularly those species that are, or may be, in conflict
with construction or other developmental projects or other forms of
economic activity, and (2) may procure the services of appropriate
public and private agencies and institutions, and other qualified
persons. Recovery teams appointed pursuant to this subsection shall not
be subject to the Federal Advisory Committee Act.''
Subsecs. (g) to (i). Pub. L. 100-478, 1004, added subsec. (g) and
redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
1982 -- Subsec. (a)(1). Pub. L. 97-304, 2(a)(1)(B), (D), inserted
''promulgated in accordance with subsection (b) of this section'' after
''shall by regulation'' in introductory provisions preceding subpar.
(A), and struck out provision following subpar. (E), which directed the
Secretary, at the time regulations were proposed, to specify any habitat
of a species considered to be a critical habitat but that such
specification of critical habitats not apply to species listed prior to
Nov. 10, 1978.
Subsec. (a)(1)(A). Pub. L. 97-304, 2(a)(1)(A), redesignated subpar.
(1) as (A).
Subsec. (a)(1)(B). Pub. L. 97-304, 2(a)(1)(A), (C), redesignated
subpar. (2) as (B) and substituted ''recreational,'' for ''sporting,''.
Subsec. (a)(1)(C) to (E). Pub. L. 97-304, 2(a)(1)(A), redesignated
subpars. (3), (4), and (5) as (C), (D), and (E), respectively.
Subsec. (a)(3). Pub. L. 97-304, 2(a)(1)(E), added par. (3).
Subsec. (b). Pub. L. 97-304, 2(a)(2), completely revised subsec.
(b) by, among other changes, requiring the Secretary to base
determinations regarding the listing or delisting of species ''solely''
on the basis of the best scientific and commercial data available,
streamlining the listing process by reducing the time periods for
rulemaking, consolidating public meetings and hearing requirements, and
establishing virtually identical procedures for the listing and
delisting of species and for the designation of critical habitat, and
altering the evidentiary standard which petitioners must satisfy to
warrant a status review of the species proposed for listing or
delisting.
Subsec. (c)(1). Pub. L. 97-304, 2(a)(3)(A), struck out '', and from
time to time he may by regulation revise,'' after ''Federal Register''
and inserted provision directing the Secretary to revise from time to
time each list published under the authority of this subsection to
reflect recent determinations, designations, and revisions made in
accordance with subsections (a) and (b) of this section.
Subsec. (c)(2). Pub. L. 97-304, 2(a)(3)(B), (C), redesignated par.
(4) as (2). Former par. (2), directing the Secretary, within 90 days
of the receipt of the petition of an interested person under section
553(e) of title 5, to conduct and publish in the Federal Register a
review of the status of any listed or unlisted species proposed to be
removed from or added to either of the lists published pursuant to
paragraph (1) of this subsection, but only if he made and published a
finding that such person had presented substantial evidence which in his
judgment warranted such a review, was struck out.
Subsec. (c)(3). Pub. L. 97-304, 2(a)(3)(B), struck out par. (3)
which had provided that any list in effect on Dec. 27, 1973, of species
of fish or wildlife determined by the Secretary of the Interior,
pursuant to the Endangered Species Conservation Act of 1969, to be
threatened with extinction be republished to conform to the
classification for endangered species or threatened species, as the case
might be, provided for in this chapter, but until such republication,
any such species so listed was to be deemed an endangered species within
the meaning of this chapter, and that the republication of any species
pursuant to this paragraph did not require public hearing or comment
under section 553 of title 5.
Subsec. (c)(4). Pub. L. 97-304, 2(a)(3)(C), redesignated par. (4)
as (2).
Subsec. (d). Pub. L. 97-304, 2(a)(4)(A), substituted ''section
1535(c) of this title'' for ''section 1535(a) of this title''.
Subsec. (f). Pub. L. 97-304, 2(a)(4)(B), (C), (D), redesignated
subsec. (g) as (f) and substituted ''recovery plans (1) shall, to the
maximum extent practicable, give priority to those endangered species or
threatened species most likely to benefit from such plans, particularly
those species that are, or may be, in conflict with construction or
other developmental projects or other forms of economic activity, and
(2)'' for ''recovery plans,''. Former subsec. (f), relating to the
promulgation of regulations, was struck out.
Subsec. (g). Pub. L. 97-304, 2(a)(4)(C), (E), redesignated subsec.
(h) as (g), substituted reference to subsection (b)(3) of this section
for reference to subsection (c)(2) of this section in par. (1),
substituted ''under subsection (a)(1) of this section'' for ''for
listing'' in par. (3), and substituted ''subsection (f) of this
section'' for ''subsection (g) of this section'' in par. (4). Former
subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 97-304, 2(a)(4)(C), (F), added subsec. (h) and
redesignated former subsec. (h) as (g).
1979 -- Subsec. (b)(1). Pub. L. 96-159, 3(1), required the
Secretary's determinations to be preceded with a review of the status of
the species.
Subsec. (f)(2)(B)(i). Pub. L. 96-159, 3(2), required publication of
summary of text rather than of the complete text of proposed regulation
specifying any critical habitat and inclusion of a map of the proposed
critical habitat.
Subsec. (f)(2)(B)(iv)(II). Pub. L. 96-159, 3(3), substituted ''if
requested within 15 days after the date on which the public meeting is
conducted,'' for ''if requested,''.
Subsec. (f)(2)(C). Pub. L. 96-159, 3(4), (5), inserted in
introductory text '', subsection (b)(4) of this section,''; and in cl.
(ii), included reference to significant risk to wellbeing of any species
of plants, inserted in item (II) reference to regulation applicable to
resident species of plants, extended the statutory period to a ''240-day
period'' from a ''120-day period'', and provided for withdrawal of an
emergency regulation without substantial evidence to warrant it,
respectively.
Subsec. (h). Pub. L. 96-159, 3(6), added subsec. (h).
1978 -- Subsec. (a)(1). Pub. L. 95-632, 11(1), inserted provision
requiring the Secretary, at the time a regulation is proposed, to
specify by regulation any habitat of the species involved which is
considered a critical habitat providing the species was listed
subsequent to Nov. 10, 1978.
Subsec. (b)(4). Pub. L. 95-632, 11(7), added par. (4).
Subsec. (c)(1). Pub. L. 95-632, 11(2), struck out ''and shall''
after ''if any'' and inserted '', and specify any critical habitat
within such range'' after ''endangered or threatened''.
Subsec. (c)(2). Pub. L. 95-632, 11(6), substituted ''within 90 days
of the receipt of'' for ''upon'' and ''conduct and publish in the
Federal Register a review of the status of'' for ''conduct a review of''
and inserted a provision requiring that the review and findings be made
and published prior to initiation of any procedures under subsec.
(b)(1) of this section.
Subsec. (c)(4). Pub. L. 95-632, 11(3), added par. (4).
Subsec. (f)(2)(A). Pub. L. 95-632, 11(4)(A), substituted ''Except as
provided in subparagraph (B), in'' for ''In''.
Subsec. (f)(2)(B), (C). Pub. L. 95-632, 11(4)(B), (C), added
subpar. (B), redesignated former subpar. (B) as (C), and as so
redesignated, substituted ''Neither subparagraph (A) or (B)'' for
''Neither subparagraph (A)''.
Subsec. (f)(3). Pub. L. 95-632, 13, substituted ''a summary by the
Secretary of the data on which such regulation is based and shall show
the relationship of such data to such regulations'' for ''a statement by
the Secretary of the facts on which such regulation is based and the
relationship of such facts to such regulation''.
Subsec. (f)(4), (5). Pub. L. 95-632, 11(4)(D), added pars. (4) and
(5).
Subsec. (g). Pub. L. 95-632, 11(5), added subsec. (g).
1976 -- Subsec. (f)(2)(B)(ii). Pub. L. 94-359 substituted
''subsection (b)(1)(A)'' for ''subsection (b)(A), (B), and (C)''.
Section 2(b) of Pub. L. 97-304 provided that:
''(1) Any petition filed under section 4(c)(2) of the Endangered
Species Act of 1973 (subsec. (c)(2) of this section) (as in effect on
the day before the date of the enactment of this Act (Oct. 13, 1982))
and any regulation proposed under section 4(f) of such Act of 1973
(subsec. (f) of this section) (as in effect on such day) that is pending
on such date of enactment (Oct. 13, 1982) shall be treated as having
been filed or proposed on such date of enactment under section 4(b) of
such Act of 1973 (subsec. (b) of this section) (as amended by subsection
(a)); and the procedural requirements specified in such section 4(b)
(subsec. (b) of this section) (as so amended) regarding such petition or
proposed regulation shall be deemed to be complied with to the extent
that like requirements under such section 4 (this section) (as in effect
before the date of the enactment of this Act) were complied with before
such date of enactment.
''(2) Any regulation proposed after, or pending on, the date of the
enactment of this Act (Oct. 13, 1982) to designate critical habitat for
a species that was determined before such date of enactment to be
endangered or threatened shall be subject to the procedures set forth in
section 4 of such Act of 1973 (this section) (as amended by subsection
(a)) for regulations proposing revisions to critical habitat instead of
those for regulations proposing the designation of critical habitat.
''(3) Any list of endangered species or threatened species (as in
effect under section 4(c) of such Act of 1973 (subsec. (c) of this
section) on the day before the date of the enactment of this Act (Oct.
13, 1982)) shall remain in effect unless and until determinations
regarding species and designations and revisions of critical habitats
that require changes to such list are made in accordance with subsection
(b)(5) of such Act of 1973 (subsec. (b)(5) of this section) (as added by
subsection (a)).
''(4) Section 4(a)(3)(A) of such Act of 1973 (subsec. (a)(3)(A) of
this section) (as added by subsection (a)) shall not apply with respect
to any species which was listed as an endangered species or a threatened
species before November 10, 1978.''
section 7524.
/1/ So in original. Probably should be paragraph ''(7)''.
/2/ So in original. Probably should be paragraph ''(7)''.
16 USC 1534. Land acquisition
TITLE 16 -- CONSERVATION
(a) Implementation of conservation program; authorization of
Secretary and Secretary of Agriculture
The Secretary, and the Secretary of Agriculture with respect to the
National Forest System, shall establish and implement a program to
conserve fish, wildlife, and plants, including those which are listed as
endangered species or threatened species pursuant to section 1533 of
this title. To carry out such a program, the appropriate Secretary --
(1) shall utilize the land acquisition and other authority under the
Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742a et seq.), the
Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 et seq.),
and the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), as
appropriate; and
(2) is authorized to acquire by purchase, donation, or otherwise,
lands, waters, or interest therein, and such authority shall be in
addition to any other land acquisition authority vested in him.
(b) Availability of funds for acquisition of lands, waters, etc.
Funds made available pursuant to the Land and Water Conservation Fund
Act of 1965, as amended (16 U.S.C. 460l-4 et seq.), may be used for the
purpose of acquiring lands, waters, or interests therein under
subsection (a) of this section.
(Pub. L. 93-205, 5, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95-632,
12, Nov. 10, 1978, 92 Stat. 3766.)
The Fish and Wildlife Act of 1956, as amended, referred to in subsec.
(a)(1), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, as amended,
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 Fish and Wildlife Coordination Act, as amended, referred to in
subsec. (a)(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.
The Migratory Bird Conservation Act, referred to in subsec. (a)(1),
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 Land and Water Conservation Fund Act of 1965, as amended,
referred to in subsec. (b), is Pub. L. 88-578, Sept. 3, 1964, 78
Stat. 897, as amended, which is classified generally to part B ( 460l-4
et seq.) of subchapter LXIX of chapter 1 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 460l-4 of this title and Tables.
1978 -- Subsec. (a). Pub. L. 95-632, among other changes in text
preceding par. (1), inserted reference to the Secretary of Agriculture
with respect to the National Forest System and substituted the
establishment and implementation of a plan to conserve plants for the
establishment and implementation of a plan to conserve plants which were
concluded in Appendices to the Convention.
16 USC 1535. Cooperation with States
TITLE 16 -- CONSERVATION
(a) Generally
In carrying out the program authorized by this chapter, the Secretary
shall cooperate to the maximum extent practicable with the States. Such
cooperation shall include consultation with the States concerned before
acquiring any land or water, or interest therein, for the purpose of
conserving any endangered species or threatened species.
(b) Management agreements
The Secretary may enter into agreements with any State for the
administration and management of any area established for the
conservation of endangered species or threatened species. Any revenues
derived from the administration of such areas under these agreements
shall be subject to the provisions of section 715s of this title.
(c) Cooperative agreements
(1) In furtherance of the purposes of this chapter, the Secretary is
authorized to enter into a cooperative agreement in accordance with this
section with any State which establishes and maintains an adequate and
active program for the conservation of endangered species and threatened
species. Within one hundred and twenty days after the Secretary
receives a certified copy of such a proposed State program, he shall
make a determination whether such program is in accordance with this
chapter. Unless he determines, pursuant to this paragraph, that the
State program is not in accordance with this chapter, he shall enter
into a cooperative agreement with the State for the purpose of assisting
in implementation of the State program. In order for a State program to
be deemed an adequate and active program for the conservation of
endangered species and threatened species, the Secretary must find, and
annually thereafter reconfirm such finding, that under the State program
--
(A) authority resides in the State agency to conserve resident
species of fish or wildlife determined by the State agency or the
Secretary to be endangered or threatened;
(B) the State agency has established acceptable conservation
programs, consistent with the purposes and policies of this chapter, for
all resident species of fish or wildlife in the State which are deemed
by the Secretary to be endangered or threatened, and has furnished a
copy of such plan and program together with all pertinent details,
information, and data requested to the Secretary;
(C) the State agency is authorized to conduct investigations to
determine the status and requirements for survival of resident species
of fish and wildlife;
(D) the State agency is authorized to establish programs, including
the acquisition of land or aquatic habitat or interests therein, for the
conservation of resident endangered or threatened species of fish or
wildlife; and
(E) provision is made for public participation in designating
resident species of fish or wildlife as endangered or threatened; or
that under the State program --
(i) the requirements set forth in subparagraphs (C), (D), and (E) of
this paragraph are complied with, and
(ii) plans are included under which immediate attention will be given
to those resident species of fish and wildlife which are determined by
the Secretary or the State agency to be endangered or threatened and
which the Secretary and the State agency agree are most urgently in need
of conservation programs; except that a cooperative agreement entered
into with a State whose program is deemed adequate and active pursuant
to clause (i) and this clause shall not affect the applicability of
prohibitions set forth in or authorized pursuant to section 1533(d) of
this title or section 1538(a)(1) of this title with respect to the
taking of any resident endangered or threatened species.
(2) In furtherance of the purposes of this chapter the Secretary is
authorized to enter into a cooperative agreement in accordance with this
section with any State which establishes and maintains an adequate and
active program for the conservation of endangered species and threatened
species of plants. Within one hundred and twenty days after the
Secretary receives a certified copy of such a proposed State program, he
shall make a determination whether such program is in accordance with
this chapter. Unless he determines, pursuant to this paragraph, that
the State program is not in accordance with this chapter, he shall enter
into a cooperative agreement with the State for the purpose of assisting
in implementation of the State program. In order for a State program to
be deemed an adequate and active program for the conservation of
endangered species of plants and threatened species of plants, the
Secretary must find, and annually thereafter reconfirm such finding,
that under the State program --
(A) authority resides in the State agency to conserve resident
species of plants determined by the State agency or the Secretary to be
endangered or threatened;
(B) the State agency has established acceptable conservation
programs, consistent with the purposes and policies of this chapter, for
all resident species of plants in the State which are deemed by the
Secretary to be endangered or threatened, and has furnished a copy of
such plan and program together with all pertinent details, information,
and data requested to the Secretary;
(C) the State agency is authorized to conduct investigations to
determine the status and requirements for survival of resident species
of plants; and
(D) provision is made for public participation in designating
resident species of plants as endangered or threatened; or
that under the State program --
(i) the requirements set forth in subparagraphs (C) and (D) of this
paragraph are complied with, and
(ii) plans are included under which immediate attention will be given
to those resident species of plants which are determined by the
Secretary or the State agency to be endangered or threatened and which
the Secretary and the State agency agree are most urgently in need of
conservation programs; except that a cooperative agreement entered into
with a State whose program is deemed adequate and active pursuant to
clause (i) and this clause shall not affect the applicability of
prohibitions set forth in or authorized pursuant to section 1533(d) or
section 1538(a)(1) of this title with respect to the taking of any
resident endangered or threatened species.
(d) Allocation of funds
(1) The Secretary is authorized to provide financial assistance to
any State, through its respective State agency, which has entered into a
cooperative agreement pursuant to subsection (c) of this section to
assist in development of programs for the conservation of endangered and
threatened species or to assist in monitoring the status of candidate
species pursuant to subparagraph (C) of section 1533(b)(3) of this title
and recovered species pursuant to section 1533(g) of this title. The
Secretary shall allocate each annual appropriation made in accordance
with the provisions of subsection (i) of this section to such States
based on consideration of --
(A) the international commitments of the United States to protect
endangered species or threatened species;
(B) the readiness of a State to proceed with a conservation program
consistent with the objectives and purposes of this chapter;
(C) the number of endangered species and threatened species within a
State;
(D) the potential for restoring endangered species and threatened
species within a State;
(E) the relative urgency to initiate a program to restore and protect
an endangered species or threatened species in terms of survival of the
species;
(F) the importance of monitoring the status of candidate species
within a State to prevent a significant risk to the well being of any
such species; and
(G) the importance of monitoring the status of recovered species
within a State to assure that such species do not return to the point at
which the measures provided pursuant to this chapter are again
necessary.
So much of the annual appropriation made in accordance with
provisions of subsection (i) of this section allocated for obligation to
any State for any fiscal year as remains unobligated at the close
thereof is authorized to be made available to that State until the close
of the succeeding fiscal year. Any amount allocated to any State which
is unobligated at the end of the period during which it is available for
expenditure is authorized to be made available for expenditure by the
Secretary in conducting programs under this section.
(2) Such cooperative agreements shall provide for (A) the actions to
be taken by the Secretary and the States; (B) the benefits that are
expected to be derived in connection with the conservation of endangered
or threatened species; (C) the estimated cost of these actions; and
(D) the share of such costs to be borne by the Federal Government and by
the States; except that --
(i) the Federal share of such program costs shall not exceed 75
percent of the estimated program cost stated in the agreement; and
(ii) the Federal share may be increased to 90 percent whenever two or
more States having a common interest in one or more endangered or
threatened species, the conservation of which may be enhanced by
cooperation of such States, enter jointly into an agreement with the
Secretary.
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 in the
cooperative agreement. For the purposes of this section, the
non-Federal share may, in the discretion of the Secretary, be in the
form of money or real property, the value of which will be determined by
the Secretary, whose decision shall be final.
(e) Review of State programs
Any action taken by the Secretary under this section shall be subject
to his periodic review at no greater than annual intervals.
(f) Conflicts between Federal and State laws
Any State law or regulation which applies with respect to the
importation or exportation of, or interstate or foreign commerce in,
endangered species or threatened species is void to the extent that it
may effectively (1) permit what is prohibited by this chapter or by any
regulation which implements this chapter, or (2) prohibit what is
authorized pursuant to an exemption or permit provided for in this
chapter or in any regulation which implements this chapter. This
chapter shall not otherwise be construed to void any State law or
regulation which is intended to conserve migratory, resident, or
introduced fish or wildlife, or to permit or prohibit sale of such fish
or wildlife. Any State law or regulation respecting the taking of an
endangered species or threatened species may be more restrictive than
the exemptions or permits provided for in this chapter or in any
regulation which implements this chapter but not less restrictive than
the prohibitions so defined.
(g) Transition
(1) For purposes of this subsection, the term ''establishment
period'' means, with respect to any State, the period beginning on
December 28, 1973, and ending on whichever of the following dates first
occurs: (A) the date of the close of the 120-day period following the
adjournment of the first regular session of the legislature of such
State which commences after December 28, 1973, or (B) the date of the
close of the 15-month period following December 28, 1973.
(2) The prohibitions set forth in or authorized pursuant to sections
1533(d) and 1538(a)(1)(B) of this title shall not apply with respect to
the taking of any resident endangered species or threatened species
(other than species listed in Appendix I to the Convention or otherwise
specifically covered by any other treaty or Federal law) within any
State --
(A) which is then a party to a cooperative agreement with the
Secretary pursuant to subsection (c) of this section (except to the
extent that the taking of any such species is contrary to the law of
such State); or
(B) except for any time within the establishment period when --
(i) the Secretary applies such prohibition to such species at the
request of the State, or
(ii) the Secretary applies such prohibition after he finds, and
publishes his finding, that an emergency exists posing a significant
risk to the well-being of such species and that the prohibition must be
applied to protect such species. The Secretary's finding and
publication may be made without regard to the public hearing or comment
provisions of section 553 of title 5 or any other provision of this
chapter; but such prohibition shall expire 90 days after the date of
its imposition unless the Secretary further extends such prohibition by
publishing notice and a statement of justification of such extension.
(h) Regulations
The Secretary is authorized to promulgate such regulations as may be
appropriate to carry out the provisions of this section relating to
financial assistance to States.
(i) Appropriations
(1) To carry out the provisions of this section for fiscal years
after September 30, 1988, there shall be deposited into a special fund
known as the cooperative endangered species conservation fund, to be
administered by the Secretary, an amount equal to 5 percent of the
combined amounts covered each fiscal year into the Federal aid to
wildlife restoration fund under section 669b of this title, and paid,
transferred, or otherwise credited each fiscal year to the Sport Fishing
Restoration Account established under 1016 of the Act of July 18, 1984.
(2) Amounts deposited into the special fund are authorized to be
appropriated annually and allocated in accordance with subsection (d) of
this section.
(Pub. L. 93-205, 6, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95-212,
Dec. 19, 1977, 91 Stat. 1493; Pub. L. 95-632, 10, Nov. 10, 1978, 92
Stat. 3762; Pub. L. 96-246, May 23, 1980, 94 Stat. 348; Pub. L.
97-304, 3, 8(b), Oct. 13, 1982, 96 Stat. 1416, 1426; Pub. L.
100-478, title I, 1005, Oct. 7, 1988, 102 Stat. 2307.)
The Sport Fishing Restoration Account established under section 1016
of the Act of July 18, 1984, referred to in subsec. (i)(1), probably
means the Sport Fish Restoration Account established by section
9504(a)(2)(A) of Title 26, Internal Revenue Code, which section was
enacted by section 1016(a) of Pub. L. 98-369, div. A, title X, July
18, 1984, 98 Stat. 1019.
1988 -- Subsec. (d)(1). Pub. L. 100-478, 1005(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''The
Secretary is authorized to provide financial assistance to any State,
through its respective State agency, which has entered into a
cooperative agreement pursuant to subsection (c) of this section to
assist in development of programs for the conservation of endangered and
threatened species. The Secretary shall make an allocation of
appropriated funds to such States based on consideration of --
''(A) the international commitments of the United States to protect
endangered species or threatened species;
''(B) the readiness of a State to proceed with a conservation program
consistent with the objectives and purposes of this chapter;
''(C) the number of endangered species and threatened species within
a State;
''(D) the potential for restoring endangered species and threatened
species within a State; and
''(E) the relative urgency to initiate a program to restore and
protect an endangered species or threatened species in terms of survival
of the species.
So much of any appropriated funds allocated for obligation to any
State for any fiscal year as remains unobligated at the close thereof is
authorized to be made available to that State until the close of the
succeeding fiscal year. Any amount allocated to any State which is
unobligated at the end of the period during which it is available for
expenditure is authorized to be made available for expenditure by the
Secretary in conducting programs under this section.''
Subsec. (i). Pub. L. 100-478, 1005(b), added subsec. (i).
1982 -- Subsec. (d)(2)(i). Pub. L. 97-304, 3(1), substituted ''75
percent'' for ''66 2/3 per centum''.
Subsec. (d)(2)(ii). Pub. L. 97-304, 3(2), substituted ''90 percent''
for ''75 per centum''.
Subsec. (i). Pub. L. 97-304, 8(b), struck out subsec. (i) which
authorized appropriations to carry out this section of $10,000,000
through the period ending Sept. 30, 1977, $12,000,000 for the period
Oct. 1, 1977, through Sept. 30, 1980, and $12,000,000 for the period
Oct. 1, 1980, through Sept. 30, 1982. See section 1542(b) of this
title.
1980 -- Subsec. (i). Pub. L. 96-246 in par. (2) substituted
''$12,000,000'' for ''$16,000,000'' and ''1980'' for ''1981'', and added
par. (3).
1978 -- Subsec. (c). Pub. L. 95-632 designated existing provision as
par. (1), and in par. (1) as so designated, redesignated pars. (1) to
(5) as subpars. (A) to (E), respectively, and subpars. (A) and (B) of
subpar. (E), as so redesignated, as cls. (i) and (ii), respectively,
substituted ''paragraph'' for ''subsection'' in provision preceding
subpar. (A), as so redesignated, ''endangered or threatened species of
fish or wildlife'' for ''endangered species or threatened species'' in
subpar. (D), as so redesignated, ''subparagraphs (C), (D), and (E) of
this paragraph'' for ''paragraphs (3), (4), and (5) of this subsection''
in cl. (i) of subpar. (E), as so redesignated, ''clause (i) and this
clause'' for ''subparagraph (A) and this subparagraph'' in cl. (ii) of
subpar. (E), as so redesignated, and added par. (2).
1977 -- Subsec. (c). Pub. L. 95-212, 1(1), inserted provisions that
States in which the State fish and wildlife agencies do not possess the
broad authority to conserve all resident species of fish and wildlife
which the Secretary determines to be threatened or endangered may
nevertheless qualify for cooperative agreement funds if they satisfy all
other requirements and have plans to devote immediate attention to those
species most urgently in need of conservation programs.
Subsec. (i). Pub. L. 95-212, 1(2), substituted provisions
authorizing appropriations of $10,000,000 to cover the period ending
Sept. 30, 1977, and $16,000,000 to cover the period beginning Oct. 1,
1977, and ending Sept. 30, 1981, for provisions authorizing
appropriations of not to exceed $10,000,000 through the fiscal year
ending June 30, 1977.
Nothing in the amendment of section 1379 of this title by section
4(a) of Pub. L. 97-58 to be construed as affecting in any manner any
cooperative agreement entered into by a State under subsec. (c) of this
section before, on, or after Oct. 9, 1981, see section 4(b) of Pub. L.
97-58, set out as a note under section 1379 of this title.
16 USC 1536. Interagency cooperation
TITLE 16 -- CONSERVATION
(a) Federal agency actions and consultations
(1) The Secretary shall review other programs administered by him and
utilize such programs in furtherance of the purposes of this chapter.
All other Federal agencies shall, in consultation with and with the
assistance of the Secretary, utilize their authorities in furtherance of
the purposes of this chapter by carrying out programs for the
conservation of endangered species and threatened species listed
pursuant to section 1533 of this title.
(2) Each Federal agency shall, in consultation with and with the
assistance of the Secretary, insure that any action authorized, funded,
or carried out by such agency (hereinafter in this section referred to
as an ''agency action'') is not likely to jeopardize the continued
existence of any endangered species or threatened species or result in
the destruction or adverse modification of habitat of such species which
is determined by the Secretary, after consultation as appropriate with
affected States, to be critical, unless such agency has been granted an
exemption for such action by the Committee pursuant to subsection (h) of
this section. In fulfilling the requirements of this paragraph each
agency shall use the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a
Federal agency shall consult with the Secretary on any prospective
agency action at the request of, and in cooperation with, the
prospective permit or license applicant if the applicant has reason to
believe that an endangered species or a threatened species may be
present in the area affected by his project and that implementation of
such action will likely affect such species.
(4) Each Federal agency shall confer with the Secretary on any agency
action which is likely to jeopardize the continued existence of any
species proposed to be listed under section 1533 of this title or result
in the destruction or adverse modification of critical habitat proposed
to be designated for such species. This paragraph does not require a
limitation on the commitment of resources as described in subsection (d)
of this section.
(b) Opinion of Secretary
(1)(A) Consultation under subsection (a)(2) of this section with
respect to any agency action shall be concluded within the 90-day period
beginning on the date on which initiated or, subject to subparagraph
(B), within such other period of time as is mutually agreeable to the
Secretary and the Federal agency.
(B) In the case of an agency action involving a permit or license
applicant, the Secretary and the Federal agency may not mutually agree
to conclude consultation within a period exceeding 90 days unless the
Secretary, before the close of the 90th day referred to in subparagraph
(A) --
(i) if the consultation period proposed to be agreed to will end
before the 150th day after the date on which consultation was initiated,
submits to the applicant a written statement setting forth --
(I) the reasons why a longer period is required,
(II) the information that is required to complete the consultation,
and
(III) the estimated date on which consultation will be completed; or
(ii) if the consultation period proposed to be agreed to will end 150
or more days after the date on which consultation was initiated, obtains
the consent of the applicant to such period.
The Secretary and the Federal agency may mutually agree to extend a
consultation period established under the preceding sentence if the
Secretary, before the close of such period, obtains the consent of the
applicant to the extension.
(2) Consultation under subsection (a)(3) of this section shall be
concluded within such period as is agreeable to the Secretary, the
Federal agency, and the applicant concerned.
(3)(A) Promptly after conclusion of consultation under paragraph (2)
or (3) of subsection (a) of this section, the Secretary shall provide to
the Federal agency and the applicant, if any, a written statement
setting forth the Secretary's opinion, and a summary of the information
on which the opinion is based, detailing how the agency action affects
the species or its critical habitat. If jeopardy or adverse
modification is found, the Secretary shall suggest those reasonable and
prudent alternatives which he believes would not violate subsection
(a)(2) of this section and can be taken by the Federal agency or
applicant in implementing the agency action.
(B) Consultation under subsection (a)(3) of this section, and an
opinion issued by the Secretary incident to such consultation, regarding
an agency action shall be treated respectively as a consultation under
subsection (a)(2) of this section, and as an opinion issued after
consultation under such subsection, regarding that action if the
Secretary reviews the action before it is commenced by the Federal
agency and finds, and notifies such agency, that no significant changes
have been made with respect to the action and that no significant change
has occurred regarding the information used during the initial
consultation.
(4) If after consultation under subsection (a)(2) of this section,
the Secretary concludes that --
(A) the agency action will not violate such subsection, or offers
reasonable and prudent alternatives which the Secretary believes would
not violate such subsection;
(B) the taking of an endangered species or a threatened species
incidental to the agency action will not violate such subsection; and
(C) if an endangered species or threatened species of a marine mammal
is involved, the taking is authorized pursuant to section 1371(a)(5) of
this title;
the Secretary shall provide the Federal agency and the applicant
concerned, if any, with a written statement that --
(i) specifies the impact of such incidental taking on the species,
(ii) specifies those reasonable and prudent measures that the
Secretary considers necessary or appropriate to minimize such impact,
(iii) in the case of marine mammals, specifies those measures that
are necessary to comply with section 1371(a)(5) of this title with
regard to such taking, and
(iv) sets forth the terms and conditions (including, but not limited
to, reporting requirements) that must be complied with by the Federal
agency or applicant (if any), or both, to implement the measures
specified under clauses (ii) and (iii).
(c) Biological assessment
(1) To facilitate compliance with the requirements of subsection
(a)(2) of this section, each Federal agency shall, with respect to any
agency action of such agency for which no contract for construction has
been entered into and for which no construction has begun on November
10, 1978, request of the Secretary information whether any species which
is listed or proposed to be listed may be present in the area of such
proposed action. If the Secretary advises, based on the best scientific
and commercial data available, that such species may be present, such
agency shall conduct a biological assessment for the purpose of
identifying any endangered species or threatened species which is likely
to be affected by such action. Such assessment shall be completed
within 180 days after the date on which initiated (or within such other
period as is mutually agreed to by the Secretary and such agency, except
that if a permit or license applicant is involved, the 180-day period
may not be extended unless such agency provides the applicant, before
the close of such period, with a written statement setting forth the
estimated length of the proposed extension and the reasons therefor)
and, before any contract for construction is entered into and before
construction is begun with respect to such action. Such assessment may
be undertaken as part of a Federal agency's compliance with the
requirements of section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(2) Any person who may wish to apply for an exemption under
subsection (g) of this section for that action may conduct a biological
assessment to identify any endangered species or threatened species
which is likely to be affected by such action. Any such biological
assessment must, however, be conducted in cooperation with the Secretary
and under the supervision of the appropriate Federal agency.
(d) Limitation on commitment of resources
After initiation of consultation required under subsection (a)(2) of
this section, the Federal agency and the permit or license applicant
shall not make any irreversible or irretrievable commitment of resources
with respect to the agency action which has the effect of foreclosing
the formulation or implementation of any reasonable and prudent
alternative measures which would not violate subsection (a)(2) of this
section.
(e) Endangered Species Committee
(1) There is established a committee to be known as the Endangered
Species Committee (hereinafter in this section referred to as the
''Committee'').
(2) The Committee shall review any application submitted to it
pursuant to this section and determine in accordance with subsection (h)
of this section whether or not to grant an exemption from the
requirements of subsection (a)(2) of this section for the action set
forth in such application.
(3) The Committee shall be composed of seven members as follows:
(A) The Secretary of Agriculture.
(B) The Secretary of the Army.
(C) The Chairman of the Council of Economic Advisors.
(D) The Administrator of the Environmental Protection Agency.
(E) The Secretary of the Interior.
(F) The Administrator of the National Oceanic and Atmospheric
Administration.
(G) The President, after consideration of any recommendations
received pursuant to subsection (g)(2)(B) of this section shall appoint
one individual from each affected State, as determined by the Secretary,
to be a member of the Committee for the consideration of the application
for exemption for an agency action with respect to which such
recommendations are made, not later than 30 days after an application is
submitted pursuant to this section.
(4)(A) Members of the Committee shall receive no additional pay on
account of their service on the Committee.
(B) While away from their homes or regular places of business in the
performance of services for the Committee, members of the Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5.
(5)(A) Five members of the Committee or their representatives shall
constitute a quorum for the transaction of any function of the
Committee, except that, in no case shall any representative be
considered in determining the existence of a quorum for the transaction
of any function of the Committee if that function involves a vote by the
Committee on any matter before the Committee.
(B) The Secretary of the Interior shall be the Chairman of the
Committee.
(C) The Committee shall meet at the call of the Chairman or five of
its members.
(D) All meetings and records of the Committee shall be open to the
public.
(6) Upon request of the Committee, the head of any Federal agency is
authorized to detail, on a nonreimbursable basis, any of the personnel
of such agency to the Committee to assist it in carrying out its duties
under this section.
(7)(A) The Committee may for the purpose of carrying out its duties
under this section hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the Committee
deems advisable.
(B) When so authorized by the Committee, any member or agent of the
Committee may take any action which the Committee is authorized to take
by this paragraph.
(C) Subject to the Privacy Act (5 U.S.C. 552a), the Committee may
secure directly from any Federal agency information necessary to enable
it to carry out its duties under this section. Upon request of the
Chairman of the Committee, the head of such Federal agency shall furnish
such information to the Committee.
(D) The Committee may use the United States mails in the same manner
and upon the same conditions as a Federal agency.
(E) The Administrator of General Services shall provide to the
Committee on a reimbursable basis such administrative support services
as the Committee may request.
(8) In carrying out its duties under this section, the Committee may
promulgate and amend such rules, regulations, and procedures, and issue
and amend such orders as it deems necessary.
(9) For the purpose of obtaining information necessary for the
consideration of an application for an exemption under this section the
Committee may issue subpenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and documents.
(10) In no case shall any representative, including a representative
of a member designated pursuant to paragraph (3)(G) of this subsection,
be eligible to cast a vote on behalf of any member.
(f) Promulgation of regulations; form and contents of exemption
application
Not later than 90 days after November 10, 1978, the Secretary shall
promulgate regulations which set forth the form and manner in which
applications for exemption shall be submitted to the Secretary and the
information to be contained in such applications. Such regulations
shall require that information submitted in an application by the head
of any Federal agency with respect to any agency action include, but not
be limited to --
(1) a description of the consultation process carried out pursuant to
subsection (a)(2) of this section between the head of the Federal agency
and the Secretary; and
(2) a statement describing why such action cannot be altered or
modified to conform with the requirements of subsection (a)(2) of this
section.
(g) Application for exemption; report to Committee
(1) A Federal agency, the Governor of the State in which an agency
action will occur, if any, or a permit or license applicant may apply to
the Secretary for an exemption for an agency action of such agency if,
after consultation under subsection (a)(2) of this section, the
Secretary's opinion under subsection (b) of this section indicates that
the agency action would violate subsection (a)(2) of this section. An
application for an exemption shall be considered initially by the
Secretary in the manner provided for in this subsection, and shall be
considered by the Committee for a final determination under subsection
(h) of this section after a report is made pursuant to paragraph (5).
The applicant for an exemption shall be referred to as the ''exemption
applicant'' in this section.
(2)(A) An exemption applicant shall submit a written application to
the Secretary, in a form prescribed under subsection (f) of this
section, not later than 90 days after the completion of the consultation
process; except that, in the case of any agency action involving a
permit or license applicant, such application shall be submitted not
later than 90 days after the date on which the Federal agency concerned
takes final agency action with respect to the issuance of the permit or
license. For purposes of the preceding sentence, the term ''final
agency action'' means (i) a disposition by an agency with respect to the
issuance of a permit or license that is subject to administrative
review, whether or not such disposition is subject to judicial review;
or (ii) if administrative review is sought with respect to such
disposition, the decision resulting after such review. Such application
shall set forth the reasons why the exemption applicant considers that
the agency action meets the requirements for an exemption under this
subsection.
(B) Upon receipt of an application for exemption for an agency action
under paragraph (1), the Secretary shall promptly (i) notify the
Governor of each affected State, if any, as determined by the Secretary,
and request the Governors so notified to recommend individuals to be
appointed to the Endangered Species Committee for consideration of such
application; and (ii) publish notice of receipt of the application in
the Federal Register, including a summary of the information contained
in the application and a description of the agency action with respect
to which the application for exemption has been filed.
(3) The Secretary shall within 20 days after the receipt of an
application for exemption, or within such other period of time as is
mutually agreeable to the exemption applicant and the Secretary --
(A) determine that the Federal agency concerned and the exemption
applicant have --
(i) carried out the consultation responsibilities described in
subsection (a) of this section in good faith and made a reasonable and
responsible effort to develop and fairly consider modifications or
reasonable and prudent alternatives to the proposed agency action which
would not violate subsection (a)(2) of this section;
(ii) conducted any biological assessment required by subsection (c)
of this section; and
(iii) to the extent determinable within the time provided herein,
refrained from making any irreversible or irretrievable commitment of
resources prohibited by subsection (d) of this section; or
(B) deny the application for exemption because the Federal agency
concerned or the exemption applicant have not met the requirements set
forth in subparagraph (A)(i), (ii), and (iii).
The denial of an application under subparagraph (B) shall be
considered final agency action for purposes of chapter 7 of title 5.
(4) If the Secretary determines that the Federal agency concerned and
the exemption applicant have met the requirements set forth in paragraph
(3)(A)(i), (ii), and (iii) he shall, in consultation with the Members of
the Committee, hold a hearing on the application for exemption in
accordance with sections 554, 555, and 556 (other than subsection (b)(1)
and (2) thereof) of title 5 and prepare the report to be submitted
pursuant to paragraph (5).
(5) Within 140 days after making the determinations under paragraph
(3) or within such other period of time as is mutually agreeable to the
exemption applicant and the Secretary, the Secretary shall submit to the
Committee a report discussing --
(A) the availability of reasonable and prudent alternatives to the
agency action, and the nature and extent of the benefits of the agency
action and of alternative courses of action consistent with conserving
the species or the critical habitat;
(B) a summary of the evidence concerning whether or not the agency
action is in the public interest and is of national or regional
significance;
(C) appropriate reasonable mitigation and enhancement measures which
should be considered by the Committee; and
(D) whether the Federal agency concerned and the exemption applicant
refrained from making any irreversible or irretrievable commitment of
resources prohibited by subsection (d) of this section.
(6) To the extent practicable within the time required for action
under subsection (g) of this section, and except to the extent
inconsistent with the requirements of this section, the consideration of
any application for an exemption under this section and the conduct of
any hearing under this subsection shall be in accordance with sections
554, 555, and 556 (other than subsection (b)(3) of section 556) of title
5.
(7) Upon request of the Secretary, the head of any Federal agency is
authorized to detail, on a nonreimbursable basis, any of the personnel
of such agency to the Secretary to assist him in carrying out his duties
under this section.
(8) All meetings and records resulting from activities pursuant to
this subsection shall be open to the public.
(h) Grant of exemption
(1) The Committee shall make a final determination whether or not to
grant an exemption within 30 days after receiving the report of the
Secretary pursuant to subsection (g)(5) of this section. The Committee
shall grant an exemption from the requirements of subsection (a)(2) of
this section for an agency action if, by a vote of not less than five of
its members voting in person --
(A) it determines on the record, based on the report of the
Secretary, the record of the hearing held under subsection (g)(4) of
this section and on such other testimony or evidence as it may receive,
that --
(i) there are no reasonable and prudent alternatives to the agency
action;
(ii) the benefits of such action clearly outweigh the benefits of
alternative courses of action consistent with conserving the species or
its critical habitat, and such action is in the public interest;
(iii) the action is of regional or national significance; and
(iv) neither the Federal agency concerned nor the exemption applicant
made any irreversible or irretrievable commitment of resources
prohibited by subsection (d) of this section; and
(B) it establishes such reasonable mitigation and enhancement
measures, including, but not limited to, live propagation,
transplantation, and habitat acquisition and improvement, as are
necessary and appropriate to minimize the adverse effects of the agency
action upon the endangered species, threatened species, or critical
habitat concerned.
Any final determination by the Committee under this subsection shall
be considered final agency action for purposes of chapter 7 of title 5.
(2)(A) Except as provided in subparagraph (B), an exemption for an
agency action granted under paragraph (1) shall constitute a permanent
exemption with respect to all endangered or threatened species for the
purposes of completing such agency action --
(i) regardless whether the species was identified in the biological
assessment; and
(ii) only if a biological assessment has been conducted under
subsection (c) of this section with respect to such agency action.
(B) An exemption shall be permanent under subparagraph (A) unless --
(i) the Secretary finds, based on the best scientific and commercial
data available, that such exemption would result in the extinction of a
species that was not the subject of consultation under subsection (a)(2)
of this section or was not identified in any biological assessment
conducted under subsection (c) of this section, and
(ii) the Committee determines within 60 days after the date of the
Secretary's finding that the exemption should not be permanent.
If the Secretary makes a finding described in clause (i), the
Committee shall meet with respect to the matter within 30 days after the
date of the finding.
(i) Review by Secretary of State; violation of international treaty
or other international obligation of United States
Notwithstanding any other provision of this chapter, the Committee
shall be prohibited from considering for exemption any application made
to it, if the Secretary of State, after a review of the proposed agency
action and its potential implications, and after hearing, certifies, in
writing, to the Committee within 60 days of any application made under
this section that the granting of any such exemption and the carrying
out of such action would be in violation of an international treaty
obligation or other international obligation of the United States. The
Secretary of State shall, at the time of such certification, publish a
copy thereof in the Federal Register.
(j) Exemption for national security reasons
Notwithstanding any other provision of this chapter, the Committee
shall grant an exemption for any agency action if the Secretary of
Defense finds that such exemption is necessary for reasons of national
security.
(k) Exemption decision not considered major Federal action;
environmental impact statement
An exemption decision by the Committee under this section shall not
be a major Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided, That an
environmental impact statement which discusses the impacts upon
endangered species or threatened species or their critical habitats
shall have been previously prepared with respect to any agency action
exempted by such order.
(l) Committee order granting exemption; cost of mitigation and
enhancement measures; report by applicant to Council on Environmental
Quality
(1) If the Committee determines under subsection (h) of this section
that an exemption should be granted with respect to any agency action,
the Committee shall issue an order granting the exemption and specifying
the mitigation and enhancement measures established pursuant to
subsection (h) of this section which shall be carried out and paid for
by the exemption applicant in implementing the agency action. All
necessary mitigation and enhancement measures shall be authorized prior
to the implementing of the agency action and funded concurrently with
all other project features.
(2) The applicant receiving such exemption shall include the costs of
such mitigation and enhancement measures within the overall costs of
continuing the proposed action. Notwithstanding the preceding sentence
the costs of such measures shall not be treated as project costs for the
purpose of computing benefit-cost or other ratios for the proposed
action. Any applicant may request the Secretary to carry out such
mitigation and enhancement measures. The costs incurred by the
Secretary in carrying out any such measures shall be paid by the
applicant receiving the exemption. No later than one year after the
granting of an exemption, the exemption applicant shall submit to the
Council on Environmental Quality a report describing its compliance with
the mitigation and enhancement measures prescribed by this section.
Such a report shall be submitted annually until all such mitigation and
enhancement measures have been completed. Notice of the public
availability of such reports shall be published in the Federal Register
by the Council on Environmental Quality.
(m) Notice requirement for citizen suits not applicable
The 60-day notice requirement of section 1540(g) of this title shall
not apply with respect to review of any final determination of the
Committee under subsection (h) of this section granting an exemption
from the requirements of subsection (a)(2) of this section.
(n) Judicial review
Any person, as defined by section 1532(13) of this title, may obtain
judicial review, under chapter 7 of title 5, of any decision of the
Endangered Species Committee under subsection (h) of this section in the
United States Court of Appeals for (1) any circuit wherein the agency
action concerned will be, or is being, carried out, or (2) in any case
in which the agency action will be, or is being, carried out outside of
any circuit, the District of Columbia, by filing in such court within 90
days after the date of issuance of the decision, a written petition for
review. A copy of such petition shall be transmitted by the clerk of
the court to the Committee and the Committee shall file in the court the
record in the proceeding, as provided in section 2112 of title 28.
Attorneys designated by the Endangered Species Committee may appear for,
and represent the Committee in any action for review under this
subsection.
(o) Exemption as providing exception on taking of endangered species
Notwithstanding sections 1533(d) and 1538(a)(1)(B) and (C) of this
title, sections 1371 and 1372 of this title, or any regulation
promulgated to implement any such section --
(1) any action for which an exemption is granted under subsection (h)
of this section shall not be considered to be a taking of any endangered
species or threatened species with respect to any activity which is
necessary to carry out such action; and
(2) any taking that is in compliance with the terms and conditions
specified in a written statement provided under subsection (b)(4)(iv) of
this section shall not be considered to be a prohibited taking of the
species concerned.
(p) Exemptions in Presidentially declared disaster areas
In any area which has been declared by the President to be a major
disaster area under the Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the President is authorized to make the
determinations required by subsections (g) and (h) of this section for
any project for the repair or replacement of a public facility
substantially as it existed prior to the disaster under section 405 or
406 of the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5171
or 5172), and which the President determines (1) is necessary to prevent
the recurrence of such a natural disaster and to reduce the potential
loss of human life, and (2) to involve an emergency situation which does
not allow the ordinary procedures of this section to be followed.
Notwithstanding any other provision of this section, the Committee shall
accept the determinations of the President under this subsection.
(Pub. L. 93-205, 7, Dec. 28, 1973, 87 Stat. 892; Pub. L. 95-632,
3, Nov. 10, 1978, 92 Stat. 3752; Pub. L. 96-159, 4, Dec. 28, 1979, 93
Stat. 1226; Pub. L. 97-304, 4(a), 8(b), Oct. 13, 1982, 96 Stat.
1417, 1426; Pub. L. 99-659, title IV, 411(b), (c), Nov. 14, 1986, 100
Stat. 3741, 3742; Pub. L. 100-707, title I, 109(g), Nov. 23, 1988, 102
Stat. 4709.)
The Privacy Act, referred to in subsec. (e)(7)(C), is Pub. L.
93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which enacted
section 552a of Title 5, Government Organization and Employees, and
provisions set out as notes under section 552a of Title 5. For complete
classification of this Act to the Code, see Short Title note set out
under section 552a of Title 5 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec.
(k), 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 Disaster Relief and Emergency Assistance Act, referred to in
subsec. (p), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as
amended, known as The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, which is classified principally to chapter 68 ( 5121 et
seq.) of Title 42. For complete classification of this Act to the Code,
see Short Title note set out under section 5121 of Title 42 and Tables.
1988 -- Subsec. (p). Pub. L. 100-707 substituted ''the Disaster
Relief and Emergency Assistance Act'' for ''the Disaster Relief Act of
1974'' and ''section 405 or 406 of the Disaster Relief and Emergency
Assistance Act'' for ''section 401 or 402 of the Disaster Relief Act of
1974''.
1986 -- Subsec. (b)(4)(C). Pub. L. 99-659, 411(b)(1)-(3), added
subpar. (C).
Subsec. (b)(4)(iii), (iv). Pub. L. 99-659, 411(b)(4)-(6), added cl.
(iii), redesignated former cl. (iii) as (iv), and in cl. (iv), as so
redesignated, inserted reference to cl. (iii).
Subsec. (o). Pub. L. 99-659, 411(c)(1), in introductory provisions,
inserted '', sections 1371 and 1372 of this title,'', and substituted
''any'' for ''either'' after ''implement''.
Subsec. (o)(2). Pub. L. 99-659, 411(c)(2), substituted ''subsection
(b)(4)(iv)'' for ''subsection (b)(4)(iii)'' and inserted ''prohibited''
before ''taking of the species''.
1982 -- Subsec. (a)(3), (4). Pub. L. 97-304, 4(a)(1), added par.
(3) and redesignated former par. (3) as (4).
Subsec. (b). Pub. L. 97-304, 4(a)(2), incorporated existing
provisions into pars. (1)(A) and (3)(A) and added pars. (1)(B), (2),
(3)(B), and (4).
Subsec. (c)(1). Pub. L. 97-304, 4(a)(3), inserted '', except that if
a permit or license applicant is involved, the 180-day period may not be
extended unless such agency provides the applicant, before the close of
such period, with a written statement setting forth the estimated length
of the proposed extension and the reasons therefor'' after ''agency'' in
parenthetical provision.
Subsec. (e)(10). Pub. L. 97-304, 4(a)(4), struck out provision that,
except in the case of a member designated pursuant to paragraph (3)(G)
of this subsection, no member could designate any person to serve as his
or her representative unless that person was, at the time of such
designation, holding a Federal office the appointment to which was
subject to the advice and consent of the United States Senate.
Subsec. (g)(1). Pub. L. 97-304, 4(a)(5)(B), substituted ''An
application for an exemption shall be considered initially by the
Secretary in the manner provided for in this subsection, and shall be
considered by the Committee for a final determination under subsection
(h) of this section after a report is made pursuant to paragraph (5)''
for ''An application for an exemption shall be considered initially by a
review board in the manner provided in this subsection, and shall be
considered by the Endangered Species Committee for a final determination
under subsection (h) of this section after a report is made by the
review board''.
Subsec. (g)(2)(A). Pub. L. 97-304, 4(a)(5)(C)(i), substituted ''An
exemption applicant shall submit a written application to the Secretary,
in a form prescribed under subsection (f) of this section, not later
than 90 days after the completion of the consultation process; except
that, in the case of any agency action involving a permit or license
applicant, such application shall be submitted not later than 90 days
after the date on which the Federal agency concerned takes final agency
action with respect to the issuance of the permit or license'' for ''An
exemption applicant shall submit a written application to the Secretary,
in a form prescribed under subsection (f) of this section, not later
than 90 days after the completion of the consultation process; or, in
the case of any agency action involving a permit or license applicant,
not later than 90 days after the date on which the Federal agency
concerned takes final agency action, for purposes of chapter 7 of title
5, with respect to the issuance of the permit or license'' and inserted
provision that, ''For purposes of the preceding sentence, the term
'final agency action' means (i) a disposition by an agency with respect
to the issuance of a permit or license that is subject to administrative
review, whether or not such disposition is subject to judicial review;
or (ii) if administrative review is sought with respect to such
disposition, the decision resulting after such review.''
Subsec. (g)(2)(B). Pub. L. 97-304, 4(a)(5)(C)(ii), inserted ''(i)''
after ''the Secretary shall promptly'', struck out ''to the review board
to be established under paragraph (3) and'' after ''individuals to be
appointed'' in cl. (i) as so designated, and added cl. (ii).
Subsec. (g)(3). Pub. L. 97-304, 4(a)(5)(D), (E), redesignated par.
(5) as (3) and substituted provisions directing the Secretary, within 20
days after the receipt of an application for exemption, or within such
other period of time as is mutually agreeable to the exemption applicant
and the Secretary, to (A) determine that the Federal agency concerned
and the exemption applicant have (i) carried out the consultation
responsibilities described in subsection (a) of this section in good
faith and made a reasonable and responsible effort to develop and fairly
consider modifications or reasonable and prudent alternatives to the
proposed agency action which would not violate subsection (a)(2) of this
section, (ii) conducted any biological assessment required by subsection
(c) of this section, and (iii) to the extent determinable within the
time provided herein, refrained from making any irreversible or
irretrievable commitment of resources prohibited by subsection (d) of
this section, or (B) deny the application for exemption because the
Federal agency concerned or the exemption applicant have not met the
requirements set forth in subparagraph (A)(i), (ii), and (iii), and
providing that the denial of an application under subparagraph (B) shall
be considered final agency action for purposes of chapter 7 of title 5,
for provisions placing upon the review board appointed under former par.
(3) the duty to make a full review of the consultation carried out
under subsection (a)(2) of this section, and within 60 days after its
appointment or within such longer time as was mutually agreed upon
between the exemption applicant and the Secretary, to make a
determination, by a majority vote, (A) whether an irresolvable conflict
existed and (B) whether the Federal agency concerned and such exemption
applicant had (i) carried out its consultation responsibilities as
described in subsection (a) of this section in good faith and made a
reasonable and responsible effort to develop and fairly consider
modifications or reasonable and prudent alternatives to the proposed
agency action which would not violate subsection (a)(2) of this section,
(ii) conducted any biological assessment required of it by subsection
(c) of this section, and (iii) refrained from making any irreversible or
irretrievable commitment of resources prohibited by subsection (d) of
this section, and providing that any determination by the review board
that an irresolvable conflict did not exist or that the Federal agency
concerned or the exemption applicant had not met its respective
requirements under subclause (i), (ii), or (iii) was to be considered
final agency action for purposes of chapter 7 of title 5. Former par.
(3), providing for the establishment and functions of a review board to
consider applications for exemptions and to submit reports to the
Endangered Species Committee, was struck out.
Subsec. (g)(4). Pub. L. 97-304, 4(a)(5)(D), (F), redesignated par.
(6) as (4) and substituted ''If the Secretary determines that the
Federal agency concerned and the exemption applicant have met the
requirements set forth in paragraph (3)(A)(i), (ii), and (iii) he shall,
in consultation with the Members of the Committee, hold a hearing on the
application for exemption in accordance with sections 554, 555, and 556
(other than subsection (b)(1) and (2) thereof) of title 5 and prepare
the report to be submitted pursuant to paragraph (5)'' for ''If the
review board determines that an irresolvable conflict exists and makes
positive determinations under subclauses (i), (ii), and (iii) of
paragraph (5), it shall proceed to prepare the report to be submitted
under paragraph (7)''. Former par. (4), directing the Secretary to
submit the application to the review board immediately after its
appointment under paragraph (3), and to submit to the review board, in
writing, his views and recommendations with respect to the application
within 60 days after receiving a copy of any application under paragraph
(2), was struck out.
Subsec. (g)(5). Pub. L. 97-304, 4(a)(5)(G), redesignated par. (7)
as (5) and substituted ''Within 140 days after making the determinations
under paragraph (3) or within such other period of time as is mutually
agreeable to the exemption applicant and the Secretary, the Secretary
shall submit'' for ''Within 180 days after making the determinations
under paragraph (6), the review board shall submit'' in the provisions
preceding subpar. (A), and added subpar. (D). Former par. (5)
redesignated (3) and amended.
Subsec. (g)(6). Pub. L. 97-304, 4(a)(5)(H), redesignated par. (8)
as (6). Former par. (6) redesignated (4) and amended.
Subsec. (g)(7). Pub. L. 97-304, 4(a)(5)(I), redesignated par. (10)
as (7) and substituted ''Upon request of the Secretary, the head of any
Federal agency is authorized to detail, on a nonreimbursable basis, any
of the personnel of such agency to the Secretary to assist him in
carrying out his duties under this section'' for ''Upon request of a
review board, the head of any Federal agency is authorized to detail, on
a nonreimbursable basis, any of the personnel of such agency to the
review board to assist it in carry out its duties under this section''.
Former par. (7) redesignated (5) and amended.
Subsec. (g)(8). Pub. L. 97-304, 4(a)(5)(J), redesignated par. (12)
as (8) and substituted ''records resulting from activities pursuant to
this subsection'' for ''records of review boards''. Former par. (8)
redesignated (6).
Subsec. (g)(9). Pub. L. 97-304, 4(a)(5)(D), struck out par. (9)
which had provided that the review board, in carrying out its duties,
could (A) sit and act at such times and places, take such testimony, and
receive such evidence, as the review board deemed advisable, (B) subject
to the Privacy Act of 1974 (5 U.S.C. 552a), request of any Federal
agency or applicant information necessary to enable it to carry out such
duties, and upon such request the head of such Federal agency would
furnish such information to the review board, and (C) use the United
States mails in the same manner and upon the same conditions as a
Federal agency.
Subsec. (g)(10). Pub. L. 97-304, 4(a)(5)(I), redesignated par. (10)
as (7).
Subsec. (g)(11). Pub. L. 97-304, 4(a)(5)(D), struck out par. (11)
which had provided that the Administrator of the General Services
Administration provide to a review board, on a reimbursable basis, such
administrative support services as the review board requested.
Subsec. (g)(12). Pub. L. 97-304, 4(a)(5)(J), redesignated par. (12)
as (8).
Subsec. (h)(1). Pub. L. 97-304, 4(a)(6), substituted ''within 30
days after receiving the report of the Secretary pursuant to subsection
(g)(5) of this section'' for ''within 90 days of receiving the report of
the review board under subsection (g)(7) of this section'' in provisions
preceding subpar. (A), substituted ''report of the Secretary, the
record of the hearing held under subsection (g)(4) of this section and
on such other testimony'' for ''report of the review board and on such
other testimony'' in subpar. (A) preceding cl. (i), and added cl.
(iv).
Subsec. (o). Pub. L. 97-304, 4(a)(7), substituted ''Notwithstanding
sections 1533(d) and 1538(a)(1)(B) and (C) of this title or any
regulation promulgated to implement either such section (1) any action
for which an exemption is granted under subsection (h) of this section
shall not be considered to be a taking of any endangered species or
threatened species with respect to any activity which is necessary to
carry out such action; and (2) any taking that is in compliance with
the terms and conditions specified in a written statement provided under
subsection (b)(4)(iii) of this section shall not be considered to be a
taking of the species concerned'' for ''Notwithstanding sections 1533(d)
and 1538(a) of this title or any regulations promulgated pursuant to
such sections, any action for which an exemption is granted under
subsection (h) of this section shall not be considered a taking of any
endangered or threatened species with respect to any activity which is
necessary to carry out such action''.
Subsec. (q). Pub. L. 97-304, 8(b), struck out subsec. (q) which
authorized appropriations of $600,000 for each of fiscal years 1979,
1980, 1981, and 1982 in carrying out functions under subsecs. (e), (f),
(g), and (h) of this section. See section 1542(c) of this title.
1979 -- Subsec. (a). Pub. L. 96-159, 4(1), designated existing
provisions as par. (1); struck out third sentence requirement that
each Federal agency, in consultation with and with the assistance of the
Secretary, insure that any action authorized, funded, or carried out by
such agency (referred to as ''agency action'') did not jeopardize the
continued existence of any endangered species or threatened species or
result in the destruction or adverse modification of habitat of such
species which was determined by the Secretary, after consultation as
appropriate with the affected States, to be critical, unless the agency
was granted an exemption for such action by the Committee pursuant to
subsec. (h) of this section; and added pars. (2) and (3),
incorporating former third sentence provisions.
Subsec. (b). Pub. L. 96-159, 4(2), (3), substituted ''he believes
would not violate subsection (a)(2) of this section and'' for ''he
believes would avoid jeopardizing the continued existence of any
endangered or threatened species or adversely modifying the critical
habitat of such species, and which'' before ''can be taken'' and
introductory ''subsection (a)(2) of this section'' for ''subsection (a)
of this section''.
Subsec. (c). Pub. L. 96-159, 4(3), (4), substituted ''subsection
(a)(2)'' for ''subsec. (a)'' of this section, designated existing
provisions as so amended par. (1), and added par. (2).
Subsec. (d). Pub. L. 96-159, 4(3), (5), substituted introductory
words ''subsection (a)(2)'' for ''subsection (a)'' of this section and
''alternative measures which would not violate subsection (a)(2) of this
section'' for ''alternative measures which would avoid jeopardizing the
continued existence of any endangered or threatened species or adversely
modifying or destroying the critical habitat of any such species''.
Subsecs. (e)(2), (f). Pub. L. 96-159, 4(3), substituted
''subsection (a)(2)'' for ''subsection (a)''.
Subsec. (g)(1). Pub. L. 96-159, 4(3), (6), substituted in first
sentence ''subsection (a)(2)'' for ''subsection (a)'' of this section
and ''agency action would violate subsection (a)(2) of this section''
for ''agency action may jeopardize the continued existence of any
endangered or threatened species or destroy or adversely modify the
critical habitat of such species''.
Subsec. (g)(2)(A). Pub. L. 96-159, 4(7), required exemption
applicant, to submit a written application, in the case of any agency
action involving a permit or license applicant, not later than 90 days
after the date on which the Federal agency concerned takes final agency
action, for purposes of chapter 7 of Title 5, with respect to the
issuance of the permit or license.
Subsec. (g)(3). Pub. L. 96-159, 4(8), added subpar. (B), and
redesignated former subpar. (B) as (C).
Subsec. (g)(5). Pub. L. 96-159, 4(3), (9), substituted in
introductory text and cl. (i) ''subsection (a)(2)'' for ''subsection
(a)'' of this section; redesignated as cls. (A) and (B) former cls.
(i) and (ii); inserted in cl. (B) ''the Federal agency concerned and''
before ''such exemption applicant''; redesignated as subcls. (i) to
(iii) former subcls. (A) to (C); substituted in subcl. (i) ''agency
action which would not violate subsection (a)(2) of this section'' for
''agency action which will avoid jeopardizing the continued existence of
an endangered or threatened species or result in the adverse
modification or destruction of a critical habitat''; and substituted in
last sentence ''the Federal agency concerned or the exemption applicant
has not met its respective requirements under subclause (i), (ii), or
(iii)'' for ''the exemption applicant has not met the requirements of
subparagraph (A), (B), or (C)'' preceding ''shall be considered final
agency action''.
Subsec. (g)(6). Pub. L. 96-159, 4(10), substituted ''subclauses (i),
(ii), and (iii)'' for ''subparagraphs (A), (B), and (C)'' of paragraph
(5).
Subsec. (h)(1). Pub. L. 96-159, 4(3), substituted ''subsection
(a)(2)'' for ''subsection (a)'' of this section.
Subsec. (h)(2). Pub. L. 96-159, 4(11), in subpar. (A), substituted
''paragraph (1)'' for ''subsection (h) of this section'', inserted cl.
(i), incorporated existing provisions in text designated cl. (ii),
inserting thereto ''with respect to such agency action''; in subpar.
(B), incorporated existing provision in cl. (i), inserted findings
provision respecting the extinction of a species that was not: the
subject of consultation or identified in any biological assessment under
subsec. (a)(2) or (c) of this section, added cl. (ii), deleted prior
requirement for a Committee determination within 30 days of the
Secretary's finding that an exemption would result in extinction of the
species whether to grant an exemption for the agency notwithstanding
such finding, and superseded the same with requirement that the
Committee meet with respect to the matter within 30 days after the date
of such a finding.
Subsec. (m). Pub. L. 96-159, 4(3), substituted ''subsection (a)(2)''
for ''subsection (a)'' of this section.
Subsec. (q). Pub. L. 96-159, 4(12), authorized appropriations of
$600,000 for fiscal years 1980 through 1982, and deleted appropriations
authorization of $300,000 for period beginning Oct. 1, 1979, and ending
Mar. 3, 1980, and requirement that the Chairman of the Committee report
to the Congress before end of fiscal year 1979 with respect to adequacy
of the budget authority.
1978 -- Subsec. (a). Pub. L. 95-632 designated existing provision as
subsec. (a), inserted reference to agency action, substituted ''adverse
modification'' for ''modification'', and provided for the grant of an
exemption for agency action by the Endangered Species Committee pursuant
to subsec. (h) of this section.
Subsecs. (b) to (q). Pub. L. 95-632 added subsecs. (b) to (q).
Pub. L. 99-625, 1, Nov. 7, 1986, 100 Stat. 3500, provided that:
''(a) Definitions. -- For purposes of this section --
''(1) The term 'Act' means the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
''(2) The term 'agency action' has the meaning given that term in
section 7(a)(2) of the Act (16 U.S.C. 1536(a)(2)).
''(3) The term 'experimental population' means the population of sea
otters provided for under a plan developed under subsection (b).
''(4) The phrase 'parent population' means the population of sea
otters existing in California on the date on which proposed regulations
setting forth a proposed plan under subsection (b) are issued.
''(5) The phrase 'prospective action' refers to any prospective
agency action that --
''(A) may affect either the experimental population or the parent
population; and
''(B) has evolved to the point where meaningful consultation under
section 7(a)(2) or (3) of the Act (16 U.S.C. 1536(a)(2), (3)) can take
place.
''(6) The term 'Secretary' means the Secretary of the Interior.
''(7) The term 'Service' means the United States Fish and Wildlife
Service.
''(b) Plan Specifications. -- The Secretary may develop and
implement, in accordance with this section, a plan for the relocation
and management of a population of California sea otters from the
existing range of the parent population to another location. The plan,
which must be developed by regulation and administered by the Service in
cooperation with the appropriate State agency, shall include the
following:
''(1) The number, age, and sex of sea otters proposed to be
relocated.
''(2) The manner in which the sea otters will be captured,
translocated, released, monitored, and protected.
''(3) The specification of a zone (hereinafter referred to as the
'translocation zone') to which the experimental population will be
relocated. The zone must have appropriate characteristics for
furthering the conservation of the species.
''(4) The specification of a zone (hereinafter referred to as the
'management zone') that --
''(A) surrounds the translocation zone; and
''(B) does not include the existing range of the parent population or
adjacent range where expansion is necessary for the recovery of the
species.
The purpose of the management zone is to (i) facilitate the
management of sea otters and the containment of the experimental
population within the translocation zone, and (ii) to prevent, to the
maximum extent feasible, conflict with other fishery resources within
the management zone by the experimental population. Any sea otter found
within the management zone shall be treated as a member of the
experimental population. The Service shall use all feasible non-lethal
means and measures to capture any sea otter found within the management
zone and return it to either the translocation zone or to the range of
the parent population.
''(5) Measures, including an adequate funding mechanism, to isolate
and contain the experimental population.
''(6) A description of the relationship of the implementation of the
plan to the status of the species under the Act and to determinations of
the Secretary under section 7 of the Act (16 U.S.C. 1536).
''(c) Status of Members of the Experimental Population. -- (1) Any
member of the experimental population shall be treated while within the
translocation zone as a threatened species for purposes of the Act,
except that --
''(A) section 7 of the Act (16 U.S.C. 1536) shall only apply to
agency actions that --
''(i) are undertaken within the translocation zone,
''(ii) are not defense-related agency actions, and
''(iii) are initiated after the date of the enactment of this section
(Nov. 7, 1986); and
''(B) with respect to defense-related actions within the
translocation zone, members of the experimental population shall be
treated as members of a species that is proposed to be listed under
section 4 of the Act (16 U.S.C. 1533).
For purposes of this paragraph, the term 'defense-related agency
action' means an agency action proposed to be carried out directly by a
military department.
''(2) For purposes of section 7 of the Act (16 U.S.C. 1536), any
member of the experimental population shall be treated while within the
management zone as a member of a species that is proposed to be listed
under section 4 of the Act (16 U.S.C. 1533). Section 9 of the Act (16
U.S.C. 1538) applies to members of the experimental population; except
that any incidental taking of such a member during the course of an
otherwise lawful activity within the management zone, may not be treated
as a violation of the Act or the Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.).
''(d) Implementation of Plan. -- The Secretary shall implement the
plan developed under subsection (b) --
''(1) after the Secretary provides an opinion under section 7(b) of
the Act (16 U.S.C. 1536(b)) regarding each prospective action for which
consultation was initiated by a Federal agency or requested by a
prospective permit or license applicant before April 1, 1986; or
''(2) if no consultation under section 7(a)(2) or (3) regarding any
prospective action is initiated or requested by April 1, 1986, at any
time after that date.
''(e) Consultation and Effect of Opinion. -- A Federal agency shall
promptly consult with the Secretary, under section 7(a)(3) of the Act
(16 U.S.C. 1536(a)(3)), at the request of, and in cooperation with, any
permit or license applicant regarding any prospective action. The time
limitations applicable to consultations under section 7(a)(2) of the Act
apply to consultations under the preceding sentence. In applying
section 7(b)(3)(B) with respect to an opinion on a prospective action
that is provided after consultation under section 7(a)(3), that opinion
shall be treated as the opinion issued after consultation under section
7(a)(2) unless the Secretary finds, after notice and opportunity for
comment in accordance with section 553 of title 5, United States Code,
that a significant change has been made with respect to the action or
that a significant change has occurred regarding the information used
during the initial consultation. The interested party may petition the
Secretary to make a finding under the preceding sentence. The Secretary
may implement any reasonable and prudent alternatives specified in any
opinion referred to in this subsection through appropriate agreements
with any such Federal agency, prospective permit or license applicant,
or other interested party.
''(f) Construction. -- For purposes of implementing the plan, no act
by the Service, an authorized State agency, or an authorized agent of
the Service or such an agency with respect to a sea otter that is
necessary to effect the relocation or management of any sea otter under
the plan may be treated as a violation of any provision of the Act or
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).''
16 USC 1537. International cooperation
TITLE 16 -- CONSERVATION
(a) Financial assistance
As a demonstration of the commitment of the United States to the
worldwide protection of endangered species and threatened species, the
President may, subject to the provisions of section 1306 of title 31,
use foreign currencies accruing to the United States Government under
the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.) or any other law to provide to any foreign country (with
its consent) assistance in the development and management of programs in
that country which the Secretary determines to be necessary or useful
for the conservation of any endangered species or threatened species
listed by the Secretary pursuant to section 1533 of this title. The
President shall provide assistance (which includes, but is not limited
to, the acquisition, by lease or otherwise, of lands, waters, or
interests therein) to foreign countries under this section under such
terms and conditions as he deems appropriate. Whenever foreign
currencies are available for the provision of assistance under this
section, such currencies shall be used in preference to funds
appropriated under the authority of section 1542 of this title.
(b) Encouragement of foreign programs
In order to carry out further the provisions of this chapter, the
Secretary, through the Secretary of State, shall encourage --
(1) foreign countries to provide for the conservation of fish or
wildlife and plants including endangered species and threatened species
listed pursuant to section 1533 of this title;
(2) the entering into of bilateral or multilateral agreements with
foreign countries to provide for such conservation; and
(3) foreign persons who directly or indirectly take fish or wildlife
or plants in foreign countries or on the high seas for importation into
the United States for commercial or other purposes to develop and carry
out with such assistance as he may provide, conservation practices
designed to enhance such fish or wildlife or plants and their habitat.
(c) Personnel
After consultation with the Secretary of State, the Secretary may --
(1) assign or otherwise make available any officer or employee of his
department for the purpose of cooperating with foreign countries and
international organizations in developing personnel resources and
programs which promote the conservation of fish or wildlife or plants;
and
(2) conduct or provide financial assistance for the educational
training of foreign personnel, in this country or abroad, in fish,
wildlife, or plant management, research and law enforcement and to
render professional assistance abroad in such matters.
(d) Investigations
After consultation with the Secretary of State and the Secretary of
the Treasury, as appropriate, the Secretary may conduct or cause to be
conducted such law enforcement investigations and research abroad as he
deems necessary to carry out the purposes of this chapter.
(Pub. L. 93-205, 8, Dec. 28, 1973, 87 Stat. 892; Pub. L. 96-159,
5, Dec. 28, 1979, 93 Stat. 1228.)
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.
454, as amended, which is classified generally to chapter 41 ( 1691 et
seq.) of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 1691 of Title 7
and Tables.
In subsec. (a), ''section 1306 of title 31'' substituted for
''section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C.
724)'' 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. (b)(1). Pub. L. 96-159, 5(1), encouraged
conservation of plants.
Subsec. (b)(3). Pub. L. 96-159, 5(2), encouraged conservation
practices for enhancement of plants taken for importation into the
United States.
Subsec. (c)(1). Pub. L. 96-159, 5(3), made personnel available for
plant conservation.
Subsec. (e). Pub. L. 96-159, 5(4), struck out subsec. (e) relating
to Convention implementation.
Pub. L. 101-162, title VI, 609, Nov. 21, 1989, 103 Stat. 1037,
provided that:
''(a) The Secretary of State, in consultation with the Secretary of
Commerce, shall, with respect to those species of sea turtles the
conservation of which is the subject of regulations promulgated by the
Secretary of Commerce on June 29, 1987 --
''(1) initiate negotiations as soon as possible for the development
of bilateral or multilateral agreements with other nations for the
protection and conservation of such species of sea turtles;
''(2) initiate negotiations as soon as possible with all foreign
governments which are engaged in, or which have persons or companies
engaged in, commercial fishing operations which, as determined by the
Secretary of Commerce, may affect adversely such species of sea turtles,
for the purpose of entering into bilateral and multilateral treaties
with such countries to protect such species of sea turtles;
''(3) encourage such other agreements to promote the purposes of this
section with other nations for the protection of specific ocean and land
regions which are of special significance to the health and stability of
such species of sea turtles;
''(4) initiate the amendment of any existing international treaty for
the protection and conservation of such species of sea turtles to which
the United States is a party in order to make such treaty consistent
with the purposes and policies of this section; and
''(5) provide to the Congress by not later than one year after the
date of enactment of this section (Nov. 21, 1989) --
''(A) a list of each nation which conducts commercial shrimp fishing
operations within the geographic range of distribution of such sea
turtles;
''(B) a list of each nation which conducts commercial shrimp fishing
operations which may affect adversely such species of sea turtles; and
''(C) a full report on --
''(i) the results of his efforts under this section; and
''(ii) the status of measures taken by each nation listed pursuant to
paragraph (A) or (B) to protect and conserve such sea turtles.
''(b)(1) In General. -- The importation of shrimp or products from
shrimp which have been harvested with commercial fishing technology
which may affect adversely such species of sea turtles shall be
prohibited not later than May 1, 1991, except as provided in paragraph
(2).
''(2) Certification Procedure. -- The ban on importation of shrimp or
products from shrimp pursuant to paragraph (1) shall not apply if the
President shall determine and certify to the Congress not later than May
1, 1991, and annually thereafter that --
''(A) the government of the harvesting nation has provided
documentary evidence of the adoption of a regulatory program governing
the incidental taking of such sea turtles in the course of such
harvesting that is comparable to that of the United States; and
''(B) the average rate of that incidental taking by the vessels of
the harvesting nation is comparable to the average rate of incidental
taking of sea turtles by United States vessels in the course of such
harvesting; or
''(C) the particular fishing environment of the harvesting nation
does not pose a threat of the incidental taking of such sea turtles in
the course of such harvesting.''
Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which provided
that for purposes of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora the Secretary of the Interior be
designated as the Management Authority and established the Endangered
Species Scientific Authority as the Scientific Authority, with the
Secretary of the Interior designated to act on behalf of the United
States in all regards as required by the Convention on Nature Protection
and Wildlife Preservation in the Western Hemisphere, was revoked by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.
Memorandum of the President of the United States, Dec. 19, 1990, 56
F.R. 357, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1990 (Public Law 101-162) (set out above),
and section 301 of title 3 of the United States Code, I hereby delegate
to the Secretary of State the functions vested in me by section 609(b)
of that Act. The authority delegated by this memorandum may be further
redelegated within the Department of State.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
George Bush.
16 USC 1537a. Convention implementation
TITLE 16 -- CONSERVATION
(a) Management Authority and Scientific Authority
The Secretary of the Interior (hereinafter in this section referred
to as the ''Secretary'') is designated as the Management Authority and
the Scientific Authority for purposes of the Convention and the
respective functions of each such Authority shall be carried out through
the United States Fish and Wildlife Service.
(b) Management Authority functions
The Secretary shall do all things necessary and appropriate to carry
out the functions of the Management Authority under the Convention.
(c) Scientific Authority functions; determinations
(1) The Secretary shall do all things necessary and appropriate to
carry out the functions of the Scientific Authority under the
Convention.
(2) The Secretary shall base the determinations and advice given by
him under Article IV of the Convention with respect to wildlife upon the
best available biological information derived from professionally
accepted wildlife management practices; but is not required to make, or
require any State to make, estimates of population size in making such
determinations or giving such advice.
(d) Reservations by the United States under Convention
If the United States votes against including any species in Appendix
I or II of the Convention and does not enter a reservation pursuant to
paragraph (3) of Article XV of the Convention with respect to that
species, the Secretary of State, before the 90th day after the last day
on which such a reservation could be entered, shall submit to the
Committee on Merchant Marine and Fisheries of the House of
Representatives, and to the Committee on the Environment and Public
Works of the Senate, a written report setting forth the reasons why such
a reservation was not entered.
(e) Wildlife preservation in Western Hemisphere
(1) The Secretary of the Interior (hereinafter in this subsection
referred to as the ''Secretary''), in cooperation with the Secretary of
State, shall act on behalf of, and represent, the United States in all
regards as required by the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere (56 Stat. 1354, T.S. 982,
hereinafter in this subsection referred to as the ''Western
Convention''). In the discharge of these responsibilities, the
Secretary and the Secretary of State shall consult with the Secretary of
Agriculture, the Secretary of Commerce, and the heads of other agencies
with respect to matters relating to or affecting their areas of
responsibility.
(2) The Secretary and the Secretary of State shall, in cooperation
with the contracting parties to the Western Convention and, to the
extent feasible and appropriate, with the participation of State
agencies, take such steps as are necessary to implement the Western
Convention. Such steps shall include, but not be limited to --
(A) cooperation with contracting parties and international
organizations for the purpose of developing personnel resources and
programs that will facilitate implementation of the Western Convention;
(B) identification of those species of birds that migrate between the
United States and other contracting parties, and the habitats upon which
those species depend, and the implementation of cooperative measures to
ensure that such species will not become endangered or threatened; and
(C) identification of measures that are necessary and appropriate to
implement those provisions of the Western Convention which address the
protection of wild plants.
(3) No later than September 30, 1985, the Secretary and the Secretary
of State shall submit a report to Congress describing those steps taken
in accordance with the requirements of this subsection and identifying
the principal remaining actions yet necessary for comprehensive and
effective implementation of the Western Convention.
(4) The provisions of this subsection shall not be construed as
affecting the authority, jurisdiction, or responsibility of the several
States to manage, control, or regulate resident fish or wildlife under
State law or regulations.
(Pub. L. 93-205, 8A, as added Pub. L. 96-159, 6(a)(1), Dec. 28,
1979, 93 Stat. 1228; amended Pub. L. 97-304, 5((a)), Oct. 13, 1983, 96
Stat. 1421.)
1982 -- Subsec. (c). Pub. L. 97-304, 5((a))(1), designated existing
provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 97-304, 5((a))(2), substituted provisions
relating to reservations by the United States under the Convention for
provisions which had established an International Convention Advisory
Commission and had provided for its membership, staffing, and operation.
Subsec. (e). Pub. L. 97-304, 5((a))(3), substituted provisions
implementing the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere for provisions which had provided
that the President shall designate those agencies of the Federal
Government that shall act on behalf of, and represent, the United States
in all regards as required by the Convention on Nature Protection and
Wildlife Preservation in the Western Hemisphere.
Section 5(b) of Pub. L. 97-304 provided that: ''The amendment made
by paragraph (1) of subsection (a) (amending this section) shall take
effect January 1, 1981.''
Performance of Functions of Commission
Section 6(b) of Pub. L. 96-159 provided that until such time as the
Chairman, Members, and Executive Secretary of the International
Convention Advisory Commission are appointed, but not later than 90 days
after Dec. 28, 1979, the functions of the Commission be carried out by
the Endangered Species Scientific Authority as established by Ex. Ord.
No. 11911, formerly set out as a note under section 1537 of this title,
with staff and administrative support being provided by the Secretary of
the Interior as set forth in that Executive Order.
16 USC 1538. Prohibited acts
TITLE 16 -- CONSERVATION
(a) Generally
(1) Except as provided in sections 1535(g)(2) and 1539 of this title,
with respect to any endangered species of fish or wildlife listed
pursuant to section 1533 of this title it is unlawful for any person
subject to the jurisdiction of the United States to --
(A) import any such species into, or export any such species from the
United States;
(B) take any such species within the United States or the territorial
sea of the United States;
(C) take any such species upon the high seas;
(D) possess, sell, deliver, carry, transport, or ship, by any means
whatsoever, any such species taken in violation of subparagraphs (B) and
(C);
(E) deliver, receive, carry, transport, or ship in interstate or
foreign commerce, by any means whatsoever and in the course of
commercial activity, any such species;
(F) sell or offer for sale in interstate or foreign commerce any such
species; or
(G) violate any regulation pertaining to such species or to any
threatened species of fish or wildlife listed pursuant to section 1533
of this title and promulgated by the Secretary pursuant to authority
provided by this chapter.
(2) Except as provided in sections 1535(g)(2) and 1539 of this title,
with respect to any endangered species of plants listed pursuant to
section 1533 of this title, it is unlawful for any person subject to the
jurisdiction of the United States to --
(A) import any such species into, or export any such species from,
the United States;
(B) remove and reduce to possession any such species from areas under
Federal jurisdiction; maliciously damage or destroy any such species on
any such area; or remove, cut, dig up, or damage or destroy any such
species on any other area in knowing violation of any law or regulation
of any State or in the course of any violation of a State criminal
trespass law;
(C) deliver, receive, carry, transport, or ship in interstate or
foreign commerce, by any means whatsoever and in the course of a
commercial activity, any such species;
(D) sell or offer for sale in interstate or foreign commerce any such
species; or
(E) violate any regulation pertaining to such species or to any
threatened species of plants listed pursuant to section 1533 of this
title and promulgated by the Secretary pursuant to authority provided by
this chapter.
(b) Species held in captivity or controlled environment
(1) The provisions of subsections (a)(1)(A) and (a)(1)(G) of this
section shall not apply to any fish or wildlife which was held in
captivity or in a controlled environment on (A) December 28, 1973, or
(B) the date of the publication in the Federal Register of a final
regulation adding such fish or wildlife species to any list published
pursuant to subsection (c) of section 1533 of this title: Provided,
That such holding and any subsequent holding or use of the fish or
wildlife was not in the course of a commercial activity. With respect
to any act prohibited by subsections (a)(1)(A) and (a)(1)(G) of this
section which occurs after a period of 180 days from (i) December 28,
1973, or (ii) the date of publication in the Federal Register of a final
regulation adding such fish or wildlife species to any list published
pursuant to subsection (c) of section 1533 of this title, there shall be
a rebuttable presumption that the fish or wildlife involved in such act
is not entitled to the exemption contained in this subsection.
(2)(A) The provisions of subsection (a)(1) of this section shall not
apply to --
(i) any raptor legally held in captivity or in a controlled
environment on November 10, 1978; or
(ii) any progeny of any raptor described in clause (i);
until such time as any such raptor or progeny is intentionally
returned to a wild state.
(B) Any person holding any raptor or progeny described in
subparagraph (A) must be able to demonstrate that the raptor or progeny
does, in fact, qualify under the provisions of this paragraph, and shall
maintain and submit to the Secretary, on request, such inventories,
documentation, and records as the Secretary may by regulation require as
being reasonably appropriate to carry out the purposes of this
paragraph. Such requirements shall not unnecessarily duplicate the
requirements of other rules and regulations promulgated by the
Secretary.
(c) Violation of Convention
(1) It is unlawful for any person subject to the jurisdiction of the
United States to engage in any trade in any specimens contrary to the
provisions of the Convention, or to possess any specimens traded
contrary to the provisions of the Convention, including the definitions
of terms in article I thereof.
(2) Any importation into the United States of fish or wildlife shall,
if --
(A) such fish or wildlife is not an endangered species listed
pursuant to section 1533 of this title but is listed in Appendix II to
the Convention,
(B) the taking and exportation of such fish or wildlife is not
contrary to the provisions of the Convention and all other applicable
requirements of the Convention have been satisfied,
(C) the applicable requirements of subsections (d), (e), and (f) of
this section have been satisfied, and
(D) such importation is not made in the course of a commercial
activity,
be presumed to be an importation not in violation of any provision of
this chapter or any regulation issued pursuant to this chapter.
(d) Imports and exports
(1) In general
It is unlawful for any person, without first having obtained
permission from the Secretary, to engage in business --
(A) as an importer or exporter of fish or wildlife (other than
shellfish and fishery products which (i) are not listed pursuant to
section 1533 of this title as endangered species or threatened species,
and (ii) are imported for purposes of human or animal consumption or
taken in waters under the jurisdiction of the United States or on the
high seas for recreational purposes) or plants; or
(B) as an importer or exporter of any amount of raw or worked African
elephant ivory.
(2) Requirements
Any person required to obtain permission under paragraph (1) of this
subsection shall --
(A) keep such records as will fully and correctly disclose each
importation or exportation of fish, wildlife, plants, or African
elephant ivory made by him and the subsequent disposition made by him
with respect to such fish, wildlife, plants, or ivory;
(B) at all reasonable times upon notice by a duly authorized
representative of the Secretary, afford such representative access to
his place of business, an opportunity to examine his inventory of
imported fish, wildlife, plants, or African elephant ivory and the
records required to be kept under subparagraph (A) of this paragraph,
and to copy such records; and
(C) file such reports as the Secretary may require.
(3) Regulations
The Secretary shall prescribe such regulations as are necessary and
appropriate to carry out the purposes of this subsection.
(4) Restriction on consideration of value or amount of African
elephant ivory imported or exported
In granting permission under this subsection for importation or
exportation of African elephant ivory, the Secretary shall not vary the
requirements for obtaining such permission on the basis of the value or
amount of ivory imported or exported under such permission.
(e) Reports
It is unlawful for any person importing or exporting fish or wildlife
(other than shellfish and fishery products which (1) are not listed
pursuant to section 1533 of this title as endangered or threatened
species, and (2) are imported for purposes of human or animal
consumption or taken in waters under the jurisdiction of the United
States or on the high seas for recreational purposes) or plants to fail
to file any declaration or report as the Secretary deems necessary to
facilitate enforcement of this chapter or to meet the obligations of the
Convention.
(f) Designation of ports
(1) It is unlawful for any person subject to the jurisdiction of the
United States to import into or export from the United States any fish
or wildlife (other than shellfish and fishery products which (A) are not
listed pursuant to section 1533 of this title as endangered species or
threatened species, and (B) are imported for purposes of human or animal
consumption or taken in waters under the jurisdiction of the United
States or on the high seas for recreational purposes) or plants, except
at a port or ports designated by the Secretary of the Interior. For the
purpose of facilitating enforcement of this chapter and reducing the
costs thereof, the Secretary of the Interior, with approval of the
Secretary of the Treasury and after notice and opportunity for public
hearing, may, by regulation, designate ports and change such
designations. The Secretary of the Interior, under such terms and
conditions as he may prescribe, may permit the importation or
exportation at nondesignated ports in the interest of the health or
safety of the fish or wildlife or plants, or for other reasons, if, in
his discretion, he deems it appropriate and consistent with the purpose
of this subsection.
(2) Any port designated by the Secretary of the Interior under the
authority of section 668cc-4(d) /1/ of this title, shall, if such
designation is in effect on December 27, 1973, be deemed to be a port
designated by the Secretary under paragraph (1) of this subsection until
such time as the Secretary otherwise provides.
(g) Violations
It is unlawful for any person subject to the jurisdiction of the
United States to attempt to commit, solicit another to commit, or cause
to be committed, any offense defined in his section.
(Pub. L. 93-205, 9, Dec. 28, 1973, 87 Stat. 893; Pub. L. 95-632,
4, Nov. 10, 1978, 92 Stat. 3760; Pub. L. 97-304, 9(b), Oct. 13, 1982,
96 Stat. 1426; Pub. L. 100-478, title I, 1006, title II, 2301, Oct.
7, 1988, 102 Stat. 2308, 2321; Pub. L. 100-653, title IX, 905, Nov.
14, 1988, 102 Stat. 3835.)
Section 668cc-4 of this title, referred to in subsec. (f)(2), was
repealed by Pub. L. 93-205, 14, Dec. 28, 1973, 87 Stat. 903.
1988 -- Subsec. (a)(2)(B). Pub. L. 100-478, 1006, amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows:
''remove and reduce to possession any such species from areas under
Federal jurisdiction;''.
Subsec. (d). Pub. L. 100-478, 2301, amended subsec. (d) generally,
revising and restating as pars. (1) to (4) provisions of former pars.
(1) to (3).
Subsec. (d)(1)(A). Pub. L. 100-653 inserted ''or plants'' after
''purposes)''.
1982 -- Subsec. (a)(2)(B) to (E). Pub. L. 97-304, 9(b)(1), added
subpar. (B) and redesignated former subpars. (B), (C), and (D) as (C),
(D), and (E), respectively.
Subsec. (b)(1). Pub. L. 97-304, 9(b)(2), substituted ''The
provisions of subsections (a)(1)(A) and (a)(1)(G) of this section shall
not apply to any fish or wildlife which was held in captivity or in a
controlled environment on (A) December 28, 1973, or (B) the date of the
publication in the Federal Register of a final regulation adding such
fish or wildlife species to any list published pursuant to subsection
(c) of section 1533 of this title: Provided, That such holding and any
subsequent holding or use of the fish or wildlife was not in the course
of a commercial activity. With respect to any act prohibited by
subsections (a)(1)(A) and (a)(1)(G) of this section which occurs after a
period of 180 days from (i) December 28, 1973, or (ii) the date of
publication in the Federal Register of a final regulation adding such
fish or wildlife species to any list published pursuant to subsection
(c) of section 1533 of this title, there shall be a rebuttable
presumption that the fish or wildlife involved in such act is not
entitled to the exemption contained in this subsection'' for ''The
provisions of this section shall not apply to any fish or wildlife held
in captivity or in a controlled environment on December 28, 1973, if the
purposes of such holding are not contrary to the purposes of this
chapter; except that this subsection shall not apply in the case of any
fish or wildlife held in the course of a commercial activity. With
respect to any act prohibited by this section which occurs after a
period of 180 days from December 28, 1973, there shall be a rebuttable
presumption that the fish or wildlife involved in such act was not held
in captivity or in a controlled environment on December 28, 1973''.
Subsec. (b)(2)(A). Pub. L. 97-304, 9(b)(3), substituted ''The
provisions of subsection (a)(1) of this section shall not apply to'' for
''This section shall not apply to'' in provisions preceding cl. (i).
1978 -- Subsec. (b). Pub. L. 95-632 designated existing provision as
par. (1) and added par. (2).
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/ See References in Text note below.
16 USC 1539. Exceptions
TITLE 16 -- CONSERVATION
(a) Permits
(1) The Secretary may permit, under such terms and conditions as he
shall prescribe --
(A) any act otherwise prohibited by section 1538 of this title for
scientific purposes or to enhance the propagation or survival of the
affected species, including, but not limited to, acts necessary for the
establishment and maintenance of experimental populations pursuant to
subsection (j) of this section; or
(B) any taking otherwise prohibited by section 1538(a)(1)(B) of this
title if such taking is incidental to, and not the purpose of, the
carrying out of an otherwise lawful activity.
(2)(A) No permit may be issued by the Secretary authorizing any
taking referred to in paragraph (1)(B) unless the applicant therefor
submits to the Secretary a conservation plan that specifies --
(i) the impact which will likely result from such taking;
(ii) what steps the applicant will take to minimize and mitigate such
impacts, and the funding that will be available to implement such steps;
(iii) what alternative actions to such taking the applicant
considered and the reasons why such alternatives are not being utilized;
and
(iv) such other measures that the Secretary may require as being
necessary or appropriate for purposes of the plan.
(B) If the Secretary finds, after opportunity for public comment,
with respect to a permit application and the related conservation plan
that --
(i) the taking will be incidental;
(ii) the applicant will, to the maximum extent practicable, minimize
and mitigate the impacts of such taking;
(iii) the applicant will ensure that adequate funding for the plan
will be provided;
(iv) the taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
(v) the measures, if any, required under subparagraph (A)(iv) will be
met;
and he has received such other assurances as he may require that the
plan will be implemented, the Secretary shall issue the permit. The
permit shall contain such terms and conditions as the Secretary deems
necessary or appropriate to carry out the purposes of this paragraph,
including, but not limited to, such reporting requirements as the
Secretary deems necessary for determining whether such terms and
conditions are being complied with.
(C) The Secretary shall revoke a permit issued under this paragraph
if he finds that the permittee is not complying with the terms and
conditions of the permit.
(b) Hardship exemptions
(1) If any person enters into a contract with respect to a species of
fish or wildlife or plant before the date of the publication in the
Federal Register of notice of consideration of that species as an
endangered species and the subsequent listing of that species as an
endangered species pursuant to section 1533 of this title will cause
undue economic hardship to such person under the contract, the
Secretary, in order to minimize such hardship, may exempt such person
from the application of section 1538(a) of this title to the extent the
Secretary deems appropriate if such person applies to him for such
exemption and includes with such application such information as the
Secretary may require to prove such hardship; except that (A) no such
exemption shall be for a duration of more than one year from the date of
publication in the Federal Register of notice of consideration of the
species concerned, or shall apply to a quantity of fish or wildlife or
plants in excess of that specified by the Secretary; (B) the one-year
period for those species of fish or wildlife listed by the Secretary as
endangered prior to December 28, 1973, shall expire in accordance with
the terms of section 668cc-3 /1/ of this title; and (C) no such
exemption may be granted for the importation or exportation of a
specimen listed in Appendix I of the Convention which is to be used in a
commercial activity.
(2) As used in this subsection, the term ''undue economic hardship''
shall include, but not be limited to:
(A) substantial economic loss resulting from inability caused by this
chapter to perform contracts with respect to species of fish and
wildlife entered into prior to the date of publication in the Federal
Register of a notice of consideration of such species as an endangered
species;
(B) substantial economic loss to persons who, for the year prior to
the notice of consideration of such species as an endangered species,
derived a substantial portion of their income from the lawful taking of
any listed species, which taking would be made unlawful under this
chapter; or
(C) curtailment of subsistence taking made unlawful under this
chapter by persons (i) not reasonably able to secure other sources of
subsistence; and (ii) dependent to a substantial extent upon hunting
and fishing for subsistence; and (iii) who must engage in such
curtailed taking for subsistence purposes.
(3) The Secretary may make further requirements for a showing of
undue economic hardship as he deems fit. Exceptions granted under this
section may be limited by the Secretary in his discretion as to time,
area, or other factor of applicability.
(c) Notice and review
The Secretary shall publish notice in the Federal Register of each
application for an exemption or permit which is made under this
subsection. Each notice shall invite the submission from interested
parties, within thirty days after the date of the notice, of written
data, views, or arguments with respect to the application; except that
such thirty-day period may be waived by the Secretary in an emergency
situation where the health or life of an endangered animal is threatened
and no reasonable alternative is available to the applicant, but notice
of any such waiver shall be published by the Secretary in the Federal
Register within ten days following the issuance of the exemption or
permit. Information received by the Secretary as a part of any
application shall be available to the public as a matter of public
record at every stage of the proceeding.
(d) Permit and exemption policy
The Secretary may grant exceptions under subsections (a)(1)(A) and
(b) of this section only if he finds and publishes his finding in the
Federal Register that (1) such exceptions were applied for in good
faith, (2) if granted and exercised will not operate to the disadvantage
of such endangered species, and (3) will be consistent with the purposes
and policy set forth in section 1531 of this title.
(e) Alaska natives
(1) Except as provided in paragraph (4) of this subsection the
provisions of this chapter shall not apply with respect to the taking of
any endangered species or threatened species, or the importation of any
such species taken pursuant to this section, by --
(A) any Indian, Aleut, or Eskimo who is an Alaskan Native who resides
in Alaska; or
(B) any non-native permanent resident of an Alaskan native village;
if such taking is primarily for subsistence purposes. Non-edible
byproducts of species taken pursuant to this section may be sold in
interstate commerce when made into authentic native articles of
handicrafts and clothing; except that the provisions of this subsection
shall not apply to any non-native resident of an Alaskan native village
found by the Secretary to be not primarily dependent upon the taking of
fish and wildlife for consumption or for the creation and sale of
authentic native articles of handicrafts and clothing.
(2) Any taking under this subsection may not be accomplished in a
wasteful manner.
(3) As used in this subsection --
(i) The term ''subsistence'' includes selling any edible portion of
fish or wildlife in native villages and towns in Alaska for native
consumption within native villages or towns; and
(ii) The term ''authentic native articles of handicrafts and
clothing'' means items composed wholly or in some significant respect of
natural materials, and which are produced, decorated, or fashioned in
the exercise of traditional native handicrafts without the use of
pantographs, multiple carvers, or other mass copying devices.
Traditional native handicrafts include, but are not limited to, weaving,
carving, stitching, sewing, lacing, beading, drawing, and painting.
(4) Notwithstanding the provisions of paragraph (1) of this
subsection, whenever the Secretary determines that any species of fish
or wildlife which is subject to taking under the provisions of this
subsection is an endangered species or threatened species, and that such
taking materially and negatively affects the threatened or endangered
species, he may prescribe regulations upon the taking of such species by
any such Indian, Aleut, Eskimo, or non-Native Alaskan resident of an
Alaskan native village. Such regulations may be established with
reference to species, geographical description of the area included, the
season for taking, or any other factors related to the reason for
establishing such regulations and consistent with the policy of this
chapter. Such regulations shall be prescribed after a notice and
hearings in the affected judicial districts of Alaska and as otherwise
required by section 1373 of this title, and shall be removed as soon as
the Secretary determines that the need for their impositions has
disappeared.
(f) Pre-Act endangered species parts exemption; application and
certification; regulation; validity of sales contract; separability;
renewal of exemption; expiration of renewal certification
(1) As used in this subsection --
(A) The term ''pre-Act endangered species part'' means --
(i) any sperm whale oil, including derivatives thereof, which was
lawfully held within the United States on December 28, 1973, in the
course of a commercial activity; or
(ii) any finished scrimshaw product, if such product or the raw
material for such product was lawfully held within the United States on
December 28, 1973, in the course of a commercial activity.
(B) The term ''scrimshaw product'' means any art form which involves
the substantial etching or engraving of designs upon, or the substantial
carving of figures, patterns, or designs from, any bone or tooth of any
marine mammal of the order Cetacea. For purposes of this subsection,
polishing or the adding of minor superficial markings does not
constitute substantial etching, engraving, or carving.
(2) The Secretary, pursuant to the provisions of this subsection, may
exempt, if such exemption is not in violation of the Convention, any
pre-Act endangered species part from one or more of the following
prohibitions:
(A) The prohibition on exportation from the United States set forth
in section 1538(a)(1)(A) of this title.
(B) Any prohibition set forth in section 1538(a)(1)(E) or (F) of this
title.
(3) Any person seeking an exemption described in paragraph (2) of
this subsection shall make application therefor to the Secretary in such
form and manner as he shall prescribe, but no such application may be
considered by the Secretary unless the application --
(A) is received by the Secretary before the close of the one-year
period beginning on the date on which regulations promulgated by the
Secretary to carry out this subsection first take effect;
(B) contains a complete and detailed inventory of all pre-Act
endangered species parts for which the applicant seeks exemption;
(C) is accompanied by such documentation as the Secretary may require
to prove that any endangered species part or product claimed by the
applicant to be a pre-Act endangered species part is in fact such a
part; and
(D) contains such other information as the Secretary deems necessary
and appropriate to carry out the purposes of this subsection.
(4) If the Secretary approves any application for exemption made
under this subsection, he shall issue to the applicant a certificate of
exemption which shall specify --
(A) any prohibition in section 1538(a) of this title which is
exempted;
(B) the pre-Act endangered species parts to which the exemption
applies;
(C) the period of time during which the exemption is in effect, but
no exemption made under this subsection shall have force and effect
after the close of the three-year period beginning on the date of
issuance of the certificate unless such exemption is renewed under
paragraph (8); and
(D) any term or condition prescribed pursuant to paragraph (5)(A) or
(B), or both, which the Secretary deems necessary or appropriate.
(5) The Secretary shall prescribe such regulations as he deems
necessary and appropriate to carry out the purposes of this subsection.
Such regulations may set forth --
(A) terms and conditions which may be imposed on applicants for
exemptions under this subsection (including, but not limited to,
requirements that applicants register inventories, keep complete sales
records, permit duly authorized agents of the Secretary to inspect such
inventories and records, and periodically file appropriate reports with
the Secretary); and
(B) terms and conditions which may be imposed on any subsequent
purchaser of any pre-Act endangered species part covered by an exemption
granted under this subsection;
to insure that any such part so exempted is adequately accounted for
and not disposed of contrary to the provisions of this chapter. No
regulation prescribed by the Secretary to carry out the purposes of this
subsection shall be subject to section 1533(f)(2)(A)(i) of this title.
(6)(A) Any contract for the sale of pre-Act endangered species parts
which is entered into by the Administrator of General Services prior to
the effective date of this subsection and pursuant to the notice
published in the Federal Register on January 9, 1973, shall not be
rendered invalid by virtue of the fact that fulfillment of such contract
may be prohibited under section 1538(a)(1)(F) of this title.
(B) In the event that this paragraph is held invalid, the validity of
the remainder of this chapter, including the remainder of this
subsection, shall not be affected.
(7) Nothing in this subsection shall be construed to --
(A) exonerate any person from any act committed in violation of
paragraphs (1)(A), (1)(E), or (1)(F) of section 1538(a) of this title
prior to July 12, 1976; or
(B) immunize any person from prosecution for any such act.
(8)(A)(i) /2/ Any valid certificate of exemption which was renewed
after October 13, 1982, and was in effect on March 31, 1988, shall be
deemed to be renewed for a six-month period beginning on October 7,
1988. Any person holding such a certificate may apply to the Secretary
for one additional renewal of such certificate for a period not to
exceed 5 years beginning on October 7, 1988.
(B) If the Secretary approves any application for renewal of an
exemption under this paragraph, he shall issue to the applicant a
certificate of renewal of such exemption which shall provide that all
terms, conditions, prohibitions, and other regulations made applicable
by the previous certificate shall remain in effect during the period of
the renewal.
(C) No exemption or renewal of such exemption made under this
subsection shall have force and effect after the expiration date of the
certificate of renewal of such exemption issued under this paragraph.
(D) No person may, after January 31, 1984, sell or offer for sale in
interstate or foreign commerce, any pre-Act finished scrimshaw product
unless such person holds a valid certificate of exemption issued by the
Secretary under this subsection, and unless such product or the raw
material for such product was held by such person on October 13, 1982.
(g) Burden of proof
In connection with any action alleging a violation of section 1538 of
this title, any person claiming the benefit of any exemption or permit
under this chapter shall have the burden of proving that the exemption
or permit is applicable, has been granted, and was valid and in force at
the time of the alleged violation.
(h) Certain antique articles; importation; port designation;
application for return of articles
(1) Sections 1533(d) and 1538(a) and (c) of this title do not apply
to any article which --
(A) is not less than 100 years of age;
(B) is composed in whole or in part of any endangered species or
threatened species listed under section 1533 of this title;
(C) has not been repaired or modified with any part of any such
species on or after December 28, 1973; and
(D) is entered at a port designated under paragraph (3).
(2) Any person who wishes to import an article under the exception
provided by this subsection shall submit to the customs officer
concerned at the time of entry of the article such documentation as the
Secretary of the Treasury, after consultation with the Secretary of the
Interior, shall by regulation require as being necessary to establish
that the article meets the requirements set forth in paragraph (1)(A),
(B), and (C).
(3) The Secretary of the Treasury, after consultation with the
Secretary of the Interior, shall designate one port within each customs
region at which articles described in paragraph (1)(A), (B), and (C)
must be entered into the customs territory of the United States.
(4) Any person who imported, after December 27, 1973, and on or
before November 10, 1978, any article described in paragraph (1) which
--
(A) was not repaired or modified after the date of importation with
any part of any endangered species or threatened species listed under
section 1533 of this title;
(B) was forfeited to the United States before November 10, 1978, or
is subject to forfeiture to the United States on such date of enactment,
pursuant to the assessment of a civil penalty under section 1540 of this
title; and
(C) is in the custody of the United States on November 10, 1978;
may, before the close of the one-year period beginning on November
10, 1978, make application to the Secretary for return of the article.
Application shall be made in such form and manner, and contain such
documentation, as the Secretary prescribes. If on the basis of any such
application which is timely filed, the Secretary is satisfied that the
requirements of this paragraph are met with respect to the article
concerned, the Secretary shall return the article to the applicant and
the importation of such article shall, on and after the date of return,
be deemed to be a lawful importation under this chapter.
(i) Noncommercial transshipments
Any importation into the United States of fish or wildlife shall, if
--
(1) such fish or wildlife was lawfully taken and exported from the
country of origin and country of reexport, if any;
(2) such fish or wildlife is in transit or transshipment through any
place subject to the jurisdiction of the United States en route to a
country where such fish or wildlife may be lawfully imported and
received;
(3) the exporter or owner of such fish or wildlife gave explicit
instructions not to ship such fish or wildlife through any place subject
to the jurisdiction of the United States, or did all that could have
reasonably been done to prevent transshipment, and the circumstances
leading to the transshipment were beyond the exporter's or owner's
control;
(4) the applicable requirements of the Convention have been
satisfied; and
(5) such importation is not made in the course of a commercial
activity,
be an importation not in violation of any provision of this chapter
or any regulation issued pursuant to this chapter while such fish or
wildlife remains in the control of the United States Customs Service.
(j) Experimental populations
(1) For purposes of this subsection, the term ''experimental
population'' means any population (including any offspring arising
solely therefrom) authorized by the Secretary for release under
paragraph (2), but only when, and at such times as, the population is
wholly separate geographically from nonexperimental populations of the
same species.
(2)(A) The Secretary may authorize the release (and the related
transportation) of any population (including eggs, propagules, or
individuals) of an endangered species or a threatened species outside
the current range of such species if the Secretary determines that such
release will further the conservation of such species.
(B) Before authorizing the release of any population under
subparagraph (A), the Secretary shall by regulation identify the
population and determine, on the basis of the best available
information, whether or not such population is essential to the
continued existence of an endangered species or a threatened species.
(C) For the purposes of this chapter, each member of an experimental
population shall be treated as a threatened species; except that --
(i) solely for purposes of section 1536 of this title (other than
subsection (a)(1) thereof), an experimental population determined under
subparagraph (B) to be not essential to the continued existence of a
species shall be treated, except when it occurs in an area within the
National Wildlife Refuge System or the National Park System, as a
species proposed to be listed under section 1533 of this title; and
(ii) critical habitat shall not be designated under this chapter for
any experimental population determined under subparagraph (B) to be not
essential to the continued existence of a species.
(3) The Secretary, with respect to populations of endangered species
or threatened species that the Secretary authorized, before October 13,
1982, for release in geographical areas separate from the other
populations of such species, shall determine by regulation which of such
populations are an experimental population for the purposes of this
subsection and whether or not each is essential to the continued
existence of an endangered species or a threatened species.
(Pub. L. 93-205, 10, Dec. 28, 1973, 87 Stat. 896; Pub. L. 94-359,
2, 3, July 12, 1976, 90 Stat. 911, 912; Pub. L. 95-632, 5, Nov. 10,
1978, 92 Stat. 3760; Pub. L. 96-159, 7, Dec. 28, 1979, 93 Stat. 1230;
Pub. L. 97-304, 6(1)-(4)(A), (5), (6), Oct. 13, 1982, 96 Stat.
1422-1424; Pub. L. 100-478, title I, 1011, 1013(b), (c), Oct. 7,
1988, 102 Stat. 2314, 2315.)
Section 668cc-3 of this title, referred to in subsec. (b), was
repealed by Pub. L. 93-205, 14, Dec. 28, 1973, 87 Stat. 903.
Pre-Act, referred to in subsec. (f), means the period prior to the
effective date of the Endangered Species Act of 1973, Dec. 28, 1973.
See section 16 of Pub. L. 93-205, set out as an Effective Date note
under section 1531 of this title.
Subsec. (f) of section 1533 of this title, referred to in subsec.
(f)(5), which related to promulgation of regulations by the Secretary
was struck out, and subsec. (g) of section 1533 of this title, was
redesignated as subsec. (f), by Pub. L. 97-304, 2(a)(4)(B), (C), Oct.
13, 1982, 96 Stat. 1415. For provisions relating to promulgation of
regulations, see subsecs. (b) and (h) of section 1533 of this title.
Effective date of this subsection, referred to in subsec. (f)(6)(A),
probably means the date of enactment of subsec. (f) by section 2 of
Pub. L. 94-359, July 12, 1976.
October 7, 1988, referred to in subsec. (f)(8)(A), was in the
original ''the date of enactment of the Endangered Species Act
Amendments of 1988'' and ''the date of such enactment'' which were
translated as meaning the date of enactment of title I of Pub. L.
100-478 which is entitled ''Endangered Species Act Amendments of 1988''
and which was approved Oct. 7, 1988.
1988 -- Subsec. (c). Pub. L. 100-478, 1013(b), substituted
''notice, of'' for ''notice,'' in second sentence.
Subsec. (e)(3)(ii). Pub. L. 100-478, 1013(c), substituted
''lacing,'' for ''lacking,''.
Subsec. (f)(8)(A). Pub. L. 100-478, 1011(a), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ''Any
person to whom a certificate of exemption has been issued under
paragraph (4) of this subsection may apply to the Secretary for a
renewal of such exemption for a period not to exceed three years
beginning on the expiration date of such certificate. Such application
shall be made in the same manner as the application for exemption was
made under paragraph (3), but without regard to subparagraph (A) of such
paragraph.''
Subsec. (f)(8)(B). Pub. L. 100-478, 1011(b), substituted
''previous'' for ''original''.
Subsec. (f)(8)(D). Pub. L. 100-478, 1011(c), added subpar. (D).
Subsec. (f)(9). Pub. L. 100-478, 1011(d), struck out par. (9) which
provided for comprehensive review by Secretary of effectiveness of
regulations prescribed pursuant to subsec. (f)(5) of this section.
1982 -- Subsec. (a). Pub. L. 97-304, 6(1), designated as par. (1)
and the beginning phrase of subpar. (A) thereof the existing provisions
consisting of language authorizing the Secretary to permit, under such
terms and conditions as he may prescribe, any act otherwise prohibited
by section 1538 of this title for scientific purposes or to enhance the
propagation or survival of the affected species, and inserted remainder
of par. (1)(A) and pars. (1)(B) and (2).
Subsec. (d). Pub. L. 97-304, 6(2), substituted ''subsections
(a)(1)(A) and (b) of this section'' for ''subsections (a) and (b) of
this section''.
Subsec. (f)(1)(B). Pub. L. 97-304, 6(3)(A), substituted ''involves
the substantial etching or engraving of designs upon, or the substantial
carving of figures'' for ''involves the etching or engraving of designs
upon, or the carving of figures'' and inserted provision that, for
purposes of this subsection, polishing or the adding of minor
superficial markings does not constitute substantial etching, engraving,
or carving.
Subsec. (f)(9). Pub. L. 97-304, 6(3)(B), added par. (9).
Subsec. (h)(1). Pub. L. 97-304, 6(4)(A), struck out ''(other than
scrimshaw)'' after ''do not apply to any article'' in provisions
preceding subpar. (A) and in subpar. (A) substituted ''is not less
than 100 years of age'' for ''was made before 1830''.
Subsec. (i). Pub. L. 97-304, 6(5), substituted provisions covering
noncommercial transshipments of fish or wildlife for provisions that had
related to exemptions from the provisions of this title of the Tellico
Dam and Reservoir Project and the Grayrocks Dam and Reservoir Project
and to the operation of the Missouri Basin Power Project.
Subsec. (j). Pub. L. 97-304, 6(6), added subsec. (j).
1979 -- Subsec. (f)(4)(C). Pub. L. 96-159, 7(1), inserted ''unless
such exemption is renewed under paragraph (8)'' after ''issuance of the
certificate''.
Subsec. (f)(8). Pub. L. 96-159, 7(2), added par. (8).
1978 -- Subsecs. (h), (i). Pub. L. 95-632 added subsecs. (h) and
(i).
1976 -- Subsec. (c). Pub. L. 94-359, 3, substituted ''section'' for
''subsection'' and inserted ''; except that such thirty-day period may
be waived by the Secretary in an emergency situation where the health or
life of an endangered animal is threatened and no reasonable alternative
is available to the applicant, but notice of any such waiver shall be
published by the Secretary in the Federal Register within ten days
following the issuance of the exemption or permit.'' after ''every stage
of the proceeding''.
Subsecs. (f), (g). Pub. L. 94-359, 2, added subsecs. (f) and (g).
Section 6(4)(B) of Pub. L. 97-304 provided that: ''The amendment
made by subparagraph (A) (amending this section) shall take effect
January 1, 1981.''
/1/ See References in Text note below.
/2/ So in original. No cl. (ii) has been enacted.
16 USC 1540. Penalties and enforcement
TITLE 16 -- CONSERVATION
(a) Civil penalties
(1) Any person who knowingly violates, and any person engaged in
business as an importer or exporter of fish, wildlife, or plants who
violates, any provision of this chapter, or any provision of any permit
or certificate issued hereunder, or of any regulation issued in order to
implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A),
(B), (C), or (D), (c), (d) (other than regulation relating to
recordkeeping or filing of reports), (f) or (g) of section 1538 of this
title, may be assessed a civil penalty by the Secretary of not more than
$25,000 for each violation. Any person who knowingly violates, and any
person engaged in business as an importer or exporter of fish, wildlife,
or plants who violates, any provision of any other regulation issued
under this chapter may be assessed a civil penalty by the Secretary of
not more than $12,000 for each such violation. Any person who otherwise
violates any provision of this chapter, or any regulation, permit, or
certificate issued hereunder, may be assessed a civil penalty by the
Secretary of not more than $500 for each such violation. No penalty may
be assessed under this subsection unless such person is given notice and
opportunity for a hearing with respect to such violation. Each
violation shall be a separate offense. Any such civil penalty may be
remitted or mitigated by the Secretary. Upon any failure 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. The court shall hear
such action on the record made before the Secretary and shall sustain
his action if it is supported by substantial evidence on the record
considered as a whole.
(2) Hearings held during proceedings for the assessment of civil
penalties authorized by paragraph (1) of this subsection shall be
conducted in accordance with section 554 of title 5. The Secretary may
issue subpenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and 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
contumacy or refusal to obey a subpena served upon any person pursuant
to this paragraph, the district court of the United States for any
district in which such person is found or resides or transacts business,
upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such 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 such
order of the court may be punished by such court as a contempt thereof.
(3) Notwithstanding any other provision of this chapter, no civil
penalty shall be imposed if it can be shown by a preponderance of the
evidence that the defendant committed an act based on a good faith
belief that he was acting to protect himself or herself, a member of his
or her family, or any other individual from bodily harm, from any
endangered or threatened species.
(b) Criminal violations
(1) Any person who knowingly violates any provision of this chapter,
of any permit or certificate issued hereunder, or of any regulation
issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E),
or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than a regulation
relating to recordkeeping, or filing of reports), (f), or (g) of section
1538 of this title shall, upon conviction, be fined not more than
$50,000 or imprisoned for not more than one year, or both. Any person
who knowingly violates any provision of any other regulation issued
under this chapter shall, upon conviction, be fined not more than
$25,000 or imprisoned for not more than six months, or both.
(2) The head of any Federal agency which has issued a lease, license,
permit, or other agreement authorizing a person to import or export
fish, wildlife, or plants, or to operate a quarantine station for
imported wildlife, or authorizing the use of Federal lands, including
grazing of domestic livestock, to any person who is convicted of a
criminal violation of this chapter or any regulation, permit, or
certificate issued hereunder may immediately modify, suspend, or revoke
each lease, license, permit, or other agreement. The Secretary shall
also suspend for a period of up to one year, or cancel, any Federal
hunting or fishing permits or stamps issued to any person who is
convicted of a criminal violation of any provision of this chapter or
any regulation, permit, or certificate issued hereunder. The United
States shall not be liable for the payments of any compensation,
reimbursement, or damages in connection with the modification,
suspension, or revocation of any leases, licenses, permits, stamps, or
other agreements pursuant to this section.
(3) Notwithstanding any other provision of this chapter, it shall be
a defense to prosecution under this subsection if the defendant
committed the offense based on a good faith belief that he was acting to
protect himself or herself, a member of his or her family, or any other
individual, from bodily harm from any endangered or threatened species.
(c) District court jurisdiction
The several district courts of the United States, including the
courts enumerated in section 460 of title 28, shall have jurisdiction
over any actions arising under this chapter. For the purpose of this
chapter, American Samoa shall be included within the judicial district
of the District Court of the United States for the District of Hawaii.
(d) Rewards and incidental expenses
The Secretary or the Secretary of the Treasury shall pay, from sums
received as penalties, fines, or forfeitures of property for any
violation of this chapter or any regulation issued hereunder (1) a
reward to any person who furnishes information which leads to an arrest,
a criminal conviction, civil penalty assessment, or forfeiture of
property for any violation of this chapter or any regulation issued
hereunder. The amount of the reward, if any, is to be designated by the
Secretary or the Secretary of the Treasury, as appropriate. Any officer
or employee of the United States or any State or local government who
furnishes information or renders service in the performance of his
official duties is ineligible for payment under this subsection, and (2)
the reasonable and necessary costs incurred by any person in providing
temporary care for any fish, wildlife, or plant pending the disposition
of any civil or criminal proceeding alleging a violation of this chapter
with respect to that fish, wildlife, or plant. Whenever the balance of
sums received under this section and section 3375(d) of this title, as
penalties or fines, or from forfeitures of property, exceed $500,000,
the Secretary of the Treasury shall deposit an amount equal to such
excess balance in the cooperative endangered species conservation fund
established under section 1535(i) of this title.
(e) Enforcement
(1) The provisions of this chapter and any regulations or permits
issued pursuant thereto shall be enforced by the Secretary, the
Secretary of the Treasury, or the Secretary of the Department in which
the Coast Guard is operating, or all such Secretaries. Each such
Secretary may utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal agency or any
State agency for purposes of enforcing this chapter.
(2) The judges of the district courts of the United States and the
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 any regulation issued thereunder.
(3) Any person authorized by the Secretary, the Secretary of the
Treasury, or the Secretary of the Department in which the Coast Guard is
operating, to enforce this chapter may detain for inspection and inspect
any package, crate, or other container, including its contents, and all
accompanying documents, upon importation or exportation. Such person
may make arrests without a warrant for any violation of this chapter if
he has reasonable grounds to believe that the person to be arrested is
committing the violation in his presence or view, and may execute and
serve any arrest warrant, search warrant, or other warrant or civil or
criminal process issued by any officer or court of competent
jurisdiction for enforcement of this chapter. Such person so authorized
may search and seize, with or without a warrant, as authorized by law.
Any fish, wildlife, property, or item so seized shall be held by any
person authorized by the Secretary, the Secretary of the Treasury, or
the Secretary of the Department in which the Coast Guard is operating
pending disposition of civil or criminal proceedings, or the institution
of an action in rem for forfeiture of such fish, wildlife, property, or
item pursuant to paragraph (4) of this subsection; except that the
Secretary may, in lieu of holding such fish, wildlife, property, or
item, permit the owner or consignee to post a bond or other surety
satisfactory to the Secretary, but upon forfeiture of any such property
to the United States, or the abandonment or waiver of any claim to any
such property, it shall be disposed of (other than by sale to the
general public) by the Secretary in such a manner, consistent with the
purposes of this chapter, as the Secretary shall by regulation
prescribe.
(4)(A) All fish or wildlife or plants taken, possessed, sold,
purchased, offered for sale or purchase, transported, delivered,
received, carried, shipped, exported, or imported contrary to the
provisions of this chapter, any regulation made pursuant thereto, or any
permit or certificate issued hereunder shall be subject to forfeiture to
the United States.
(B) All guns, traps, nets, and other equipment, vessels, vehicles,
aircraft, and other means of transportation used to aid the taking,
possessing, selling, purchasing, offering for sale or purchase,
transporting, delivering, receiving, carrying, shipping, exporting, or
importing of any fish or wildlife or plants in violation of this
chapter, any regulation made pursuant thereto, or any permit or
certificate issued thereunder shall be subject to forfeiture to the
United States upon conviction of a criminal violation pursuant to
subsection (b)(1) of this section.
(5) 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 forfeiture, shall apply to the
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;
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 chapter, be exercised or performed by
the Secretary or by such persons as he may designate.
(6) The Attorney General of the United States may seek to enjoin any
person who is alleged to be in violation of any provision of this
chapter or regulation issued under authority thereof.
(f) Regulations
The Secretary, the Secretary of the Treasury, and the Secretary of
the Department in which the Coast Guard is operating, are authorized to
promulgate such regulations as may be appropriate to enforce this
chapter, and charge reasonable fees for expenses to the Government
connected with permits or certificates authorized by this chapter
including processing applications and reasonable inspections, and with
the transfer, board, handling, or storage of fish or wildlife or plants
and evidentiary items seized and forfeited under this chapter. All such
fees collected pursuant to this subsection shall be deposited in the
Treasury to the credit of the appropriation which is current and
chargeable for the cost of furnishing the services. Appropriated funds
may be expended pending reimbursement from parties in interest.
(g) Citizen suits
(1) Except as provided in paragraph (2) of this subsection any person
may commence a civil suit on his own behalf --
(A) to enjoin any person, including the United States and any other
governmental instrumentality or agency (to the extent permitted by the
eleventh amendment to the Constitution), who is alleged to be in
violation of any provision of this chapter or regulation issued under
the authority thereof; or
(B) to compel the Secretary to apply, pursuant to section
1535(g)(2)(B)(ii) of this title, the prohibitions set forth in or
authorized pursuant to section 1533(d) or 1538(a)(1)(B) of this title
with respect to the taking of any resident endangered species or
threatened species within any State; or
(C) against the Secretary where there is alleged a failure of the
Secretary to perform any act or duty under section 1533 of this title
which is not discretionary with the Secretary.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce any
such provision or regulation, or to order the Secretary to perform such
act or duty, as the case may be. In any civil suit commenced under
subparagraph (B) the district court shall compel the Secretary to apply
the prohibition sought if the court finds that the allegation that an
emergency exists is supported by substantial evidence.
(2)(A) No action may be commenced under subparagraph (1)(A) of this
section --
(i) prior to sixty days after written notice of the violation has
been given to the Secretary, and to any alleged violator of any such
provision or regulation;
(ii) if the Secretary has commenced action to impose a penalty
pursuant to subsection (a) of this section; or
(iii) if the United States has commenced and is diligently
prosecuting a criminal action in a court of the United States or a State
to redress a violation of any such provision or regulation.
(B) No action may be commenced under subparagraph (1)(B) of this
section --
(i) prior to sixty days after written notice has been given to the
Secretary setting forth the reasons why an emergency is thought to exist
with respect to an endangered species or a threatened species in the
State concerned; or
(ii) if the Secretary has commenced and is diligently prosecuting
action under section 1535(g)(2)(B)(ii) of this title to determine
whether any such emergency exists.
(C) No action may be commenced under subparagraph (1)(C) of this
section prior to sixty days after written notice has been given to the
Secretary; except that such action may be brought immediately after
such notification in the case of an action under this section respecting
an emergency posing a significant risk to the well-being of any species
of fish or wildlife or plants.
(3)(A) Any suit under this subsection may be brought in the judicial
district in which the violation occurs.
(B) In any such suit under this subsection in which the United States
is not a party, the Attorney General, at the request of the Secretary,
may intervene on behalf of the United States as a matter of right.
(4) The court, in issuing any final order in any suit brought
pursuant to paragraph (1) of this subsection, may award costs of
litigation (including reasonable attorney and expert witness fees) to
any party, whenever the court determines such award is appropriate.
(5) The injunctive relief provided by this subsection shall not
restrict any right which any person (or class of persons) may have under
any statute or common law to seek enforcement of any standard or
limitation or to seek any other relief (including relief against the
Secretary or a State agency).
(h) Coordination with other laws
The Secretary of Agriculture and the Secretary shall provide for
appropriate coordination of the administration of this chapter with the
administration of the animal quarantine laws (21 U.S.C. 101-105,
111-135b, and 612-614) and section 306 of the Tariff Act of 1930 (19
U.S.C. 1306). Nothing in this chapter or any amendment made by this
chapter shall be construed as superseding or limiting in any manner the
functions of the Secretary of Agriculture under any other law relating
to prohibited or restricted importations or possession of animals and
other articles and no proceeding or determination under this chapter
shall preclude any proceeding or be considered determinative of any
issue of fact or law in any proceeding under any Act administered by the
Secretary of Agriculture. Nothing in this chapter shall be construed as
superseding or limiting in any manner the functions and responsibilities
of the Secretary of the Treasury under the Tariff Act of 1930 (19 U.S.C.
1202 et seq.), including, without limitation, section 527 of that Act
(19 U.S.C. 1527), relating to the importation of wildlife taken, killed,
possessed, or exported to the United States in violation of the laws or
regulations of a foreign country.
(Pub. L. 93-205, 11, Dec. 28, 1973, 87 Stat. 897; Pub. L. 94-359,
4, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, 6-8, Nov. 10, 1978,
92 Stat. 3761, 3762; Pub. L. 97-79, 9(e), Nov. 16, 1981, 95 Stat.
1079; Pub. L. 97-304, 7, 9(c), Oct. 13, 1982, 96 Stat. 1425, 1427;
Pub. L. 98-327, 4, June 25, 1984, 98 Stat. 271; Pub. L. 100-478,
title I, 1007, Oct. 7, 1988, 102 Stat. 2309; Pub. L. 101-650, title
III, 321, Dec. 1, 1990, 104 Stat. 5117.)
This chapter, referred to in subsecs. (a)(1), (3), (b)-(f),
(g)(1)(A), and (h), was in the original ''this Act'', meaning Pub. L.
93-205, Dec. 28, 1973, 81 Stat. 884, as amended, known as the
''Endangered Species Act of 1973'', which is classified principally to
this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of this title and Tables.
The customs laws, referred to in subsec. (e)(5), are classified
generally to Title 19, Customs Duties.
The amendments ''made by this Act'', referred to in subsec. (h),
refer to the amendments made by Pub. L. 93-205, which amended sections
460k-1, 460l-9, 668dd, 715i, 715s, 1362, 1371, 1372, and 1402 of this
title and section 136 of Title 7, Agriculture, and repealed sections
668aa to 668cc-6 of this title.
The Tariff Act of 1930, referred to in subsec. (h), is act June 17,
1930, ch. 497, 46 Stat. 590, as amended, which is classified generally
to chapter 4 ( 1202 et seq.) of Title 19, Customs Duties. For complete
classification of this Act to the Code, see section 1654 of Title 19 and
Tables.
1988 -- Subsec. (a)(1). Pub. L. 100-478, 1007(a), substituted
''$25,000'' for ''$10,000'' and ''$12,000'' for ''$5,000''.
Subsec. (b)(1). Pub. L. 100-478, 1007(b), substituted ''$50,000''
for ''$20,000'' and ''$25,000'' for ''$10,000''.
Subsec. (d). Pub. L. 100-478, 1007(c), inserted at end ''Whenever
the balance of sums received under this section and section 3375(d) of
this title, as penalties or fines, or from forfeitures of property,
exceed $500,000, the Secretary of the Treasury shall deposit an amount
equal to such excess balance in the cooperative endangered species
conservation fund established under section 1535(i) of this title.''
1984 -- Subsec. (d). Pub. L. 98-327 substituted a comma for ''a
reward'' after ''shall pay'' in first sentence, inserted ''(1) a
reward'' before ''to any person'', and added cl. (2).
1982 -- Subsecs. (a)(1), (b)(1). Pub. L. 97-304, 9(c), substituted
''(a)(2)(A), (B), (C), or (D)'' for ''(a)(2)(A), (B), or (C)''.
Subsec. (e)(6). Pub. L. 97-304, 7(1), added par. (6).
Subsec. (g)(1)(B). Pub. L. 97-304, 7(2)(A)(i), substituted ''any
State; or'' for ''any State.''.
Subsec. (g)(1)(C). Pub. L. 97-304, 7(2)(A)(ii), added subpar. (C).
Subsec. (g)(1). Pub. L. 97-304, 7(2)(A)(iii), inserted ''or to order
the Secretary to perform such act or duty,'' after ''any such provision
or regulation,'' in provisions following subpar. (C).
Subsec. (g)(2)(C). Pub. L. 97-304, 7(2)(B), added subpar. (C).
1981 -- Pub. L. 97-79 substituted ''The Secretary or the Secretary
of the Treasury shall pay a reward from sums received as penalties,
fines, or forfeitures of property for any violation of this chapter or
any regulation issued hereunder to any person who furnishes information
which leads to an arrest, a criminal conviction, civil penalty
assessment, or forfeiture of property for any violation of this chapter
or any regulation issued hereunder'' for ''Upon the recommendation of
the Secretary, the Secretary of the Treasury is authorized to pay an
amount equal to one-half of the civil penalty or fine paid, but not to
exceed $2,500, to any person who furnishes information which leads to a
finding of civil violation or a conviction of a criminal violation of
any provision of this chapter or any regulation or permit issued
thereunder'' and inserted provision that the amount of the reward, if
any, be designated by the Secretary or the Secretary of the Treasury, as
appropriate.
1978 -- Subsec. (a)(1). Pub. L. 95-632, 6(1), (2), substituted
''and any person engaged in business as an importer or exporter of fish,
wildlife, or plants who violates'' for ''or who knowingly commits an act
in the course of a commercial activity which violates'' in two places
and ''$500'' for ''$1,000''.
Subsec. (a)(3). Pub. L. 95-632, 7, added par. (3).
Subsec. (b)(1). Pub. L. 95-632, 6(3), substituted ''knowingly'' for
''willfully commits an act which'' in two places.
Subsec. (b)(2). Pub. L. 95-632, 6(4), inserted ''a person to import
or export fish, wildlife, or plants, or to operate a quarantine station
for imported wildlife, or authorizing'' after ''authorizing''.
Subsec. (b)(3). Pub. L. 95-632, 8, added par. (3).
1976 -- Subsec. (e)(3). Pub. L. 94-359 inserted ''make arrests
without a warrant for any violation of this chapter if he has reasonable
grounds to believe that the person to be arrested is committing the
violation in his presence or view, and may'' after ''Such person may''
and '', but upon forfeiture of any such property to the United States,
or the abandonment or waiver of any claim to any such property, it shall
be disposed of (other than by sale to the general public) by the
Secretary in such a manner, consistent with the purposes of this
chapter, as the Secretary shall by regulation prescribe,'' after ''other
surety satisfactory to the Secretary''.
''United States magistrate judges'' substituted for ''United States
magistrates'' in subsec. (e)(2) 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 9(f) of Pub. L. 97-79 provided that: ''The amendment
specified in subsection 9(e) of this Act (amending this section) shall
take effect beginning in fiscal year 1983.''
section 10601.
16 USC 1541. Endangered plants
TITLE 16 -- CONSERVATION
The Secretary of the Smithsonian Institution, in conjunction with
other affected agencies, is authorized and directed to review (1)
species of plants which are now or may become endangered or threatened
and (2) methods of adequately conserving such species, and to report to
Congress, within one year after December 28, 1973, the results of such
review including recommendations for new legislation or the amendment of
existing legislation.
(Pub. L. 93-205, 12, Dec. 28, 1973, 87 Stat. 901.)
16 USC 1542. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) In general
Except as provided in subsections (b), (c), and (d) of this section,
there are authorized to be appropriated --
(1) not to exceed $35,000,000 for fiscal year 1988, $36,500,000 for
fiscal year 1989, $38,000,000 for fiscal year 1990, $39,500,000 for
fiscal year 1991, and $41,500,000 for fiscal year 1992 to enable the
Department of the Interior to carry out such functions and
responsibilities as it may have been given under this chapter;
(2) not to exceed $5,750,000 for fiscal year 1988, $6,250,000 for
each of fiscal years 1989 and 1990, and $6,750,000 for each of fiscal
years 1991 and 1992 to enable the Department of Commerce to carry out
such functions and responsibilities as it may have been given under this
chapter; and
(3) not to exceed $2,200,000 for fiscal year 1988, $2,400,000 for
each of fiscal years 1989 and 1990, and $2,600,000 for each of fiscal
years 1991 and 1992, to enable the Department of Agriculture to carry
out its functions and responsibilities with respect to the enforcement
of this chapter and the Convention which pertain to the importation or
exportation of plants.
(b) Exemptions
There are authorized to be appropriated to the Secretary to assist
him and the Endangered Species Committee in carrying out their functions
under sections /1/ 1536(e), (g), and (h) of this title not to exceed
$600,000 for each of fiscal years 1988, 1989, 1990, 1991, and 1992.
(c) Convention implementation
There are authorized to be appropriated to the Department of the
Interior for purposes of carrying out section 1537a(e) of this title not
to exceed $400,000 for each of fiscal years 1988, 1989, and 1990, and
$500,000 for each of fiscal years 1991 and 1992, and such sums shall
remain available until expended.
(Pub. L. 93-205, 15, Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-325,
June 30, 1976, 90 Stat. 724; Pub. L. 95-632, 9, Nov. 10, 1978, 92
Stat. 3762; Pub. L. 96-159, 8, Dec. 28, 1979, 93 Stat. 1230; Pub. L.
97-304, 8((a)), Oct. 13, 1982, 96 Stat. 1425; Pub. L. 100-478, title
I, 1009, Oct. 7, 1988, 102 Stat. 2312.)
1988 -- Pub. L. 100-478 amended section generally, substituting
provisions authorizing appropriations for fiscal years 1988 through 1992
for provisions authorizing appropriations for fiscal years 1983 through
1985.
1982 -- Subsec. (a). Pub. L. 97-304 designated existing provisions
as subsec. (a), and substituted provisions authorizing, except as
provided in subsecs. (b), (c), and (d), appropriations of $27,000,000
for each of fiscal years 1983, 1984, and 1985 for the Department of the
Interior, $3,500,000 for each of fiscal years 1983, 1984, and 1985 for
the Department of Commerce, and $1,850,000 for each of fiscal years
1983, 1984, and 1985 for the Department of Agriculture, for provisions
that, except as authorized in sections 1535 and 1536 of this title, had
authorized appropriations of (1) not to exceed $23,000,000 for each of
fiscal years 1979 and 1980, not to exceed $25,000,000 for fiscal year
1981, and not to exceed $27,000,000 for fiscal year 1982 to the
Department of the Interior, (2) not to exceed $2,500,000 for each of
fiscal years 1979 and 1980, not to exceed $3,000,000 for fiscal year
1981, and not to exceed $3,500,000 for fiscal year 1982 to the
Department of Commerce, and (3) not to exceed $1,500,000 for fiscal year
1980, not to exceed $1,750,000 for fiscal year 1981, and not to exceed
$1,850,000 for fiscal year 1982 to the Department of Agriculture.
Subsecs. (b) to (d). Pub. L. 97-304 added subsecs. (b) to (d).
1979 -- Par. (1). Pub. L. 96-159 struck out appropriations
authorization of $25,000,000 for fiscal years ending Sept. 30, 1977,
and 1978, substituted appropriations authorization of $23,000,000;
$23,000,000; $25,000,000; and $27,000,000 for fiscal years 1979
through 1982 for prior authorization of $23,000,000 for fiscal year
ending Sept. 30, 1979, and $12,500,000 for period beginning Oct. 1,
1979, and ending Mar. 31, 1980, and restored intent of appropriations
to enable the Interior Department to carry out its functions and
responsibilities.
Par. (2). Pub. L. 96-159 deleted appropriations authorization of
$5,000,000 for fiscal years ending Sept. 30, 1977, and 1978, and
substituted appropriations authorization of $2,500,000; $2,500,000;
$3,000,000; and $3,500,000 for fiscal years 1979 through 1982 for prior
authorization of $2,500,000 for fiscal year ending Sept. 30, 1979, and
$12,500,000 for period beginning Oct. 1, 1979, and ending Mar. 31,
1980.
1978 -- Pub. L. 95-632, in provision preceding par. (1),
substituted ''sections 1535 and 1536 of this title'' for ''section 1535
of this title''.
Par. (1). Pub. L. 95-632 substituted provision authorizing
appropriations of not to exceed $25,000,000 for the fiscal year ending
Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, of not to
exceed $23,000,000 for the fiscal year ending Sept. 30, 1979, and of
not to exceed $12,500,000 for the period beginning Oct. 1, 1979 and
ending Mar. 31, 1980 for provision authorizing appropriations of not to
exceed $10,000,000 for the fiscal year ending June 30, 1976, of not to
exceed $1,800,000 for the fiscal transitional period ending Sept. 30,
1976, and of not to exceed a total of $25,000,000 for the fiscal year
ending Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, to
enable the Department of the Interior to carry out its functions under
this chapter.
Par. (2). Pub. L. 95-632 substituted provision authorizing
appropriations of not to exceed $5,000,000 for the fiscal year ending
Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, of not to
exceed $2,500,000 for the fiscal year ending Sept. 30, 1979, and of not
to exceed $12,500,000 for the period beginning Oct. 1, 1979 and ending
Mar. 31, 1980 for provision authorizing appropriations of not to exceed
$2,000,000 for the fiscal year ending June 30, 1976, of not to exceed
$500,000 for the fiscal transitional period ending Sept. 30, 1976 and
of not to exceed a total of $5,000,000 for the fiscal year Sept. 30,
1977 and the fiscal year ending Sept. 30, 1978.
1976 -- Par. (1). Pub. L. 94-325, 1(1), redesignated par. (A) as
(1), inserted provisions authorizing appropriations for the fiscal year
transitional period ending Sept. 30, 1976, fiscal year ending Sept.
30, 1977, and fiscal year ending Sept. 30, 1978, and struck out
provisions authorizing appropriations of not to exceed $4,000,000 for
fiscal year 1974, and not to exceed $8,000,000 for fiscal year 1975.
Par. (2). Pub. L. 94-325, 1(2), redesignated par. (B) as (2),
inserted provisions authorizing appropriation for the fiscal year
transitional period ending Sept. 30, 1976, fiscal year ending Sept.
30, 1977, and fiscal year ending Sept. 30, 1978, and struck out
provisions authorizing appropriations of not to exceed $2,000,000 for
fiscal year 1974, and not to exceed $1,500,000 for fiscal year 1975.
/1/ So in original. Probably should be ''section''.
16 USC 1543. Construction with Marine Mammal Protection Act of 1972
TITLE 16 -- CONSERVATION
Except as otherwise provided in this chapter, no provision of this
chapter shall take precedence over any more restrictive conflicting
provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.).
(Pub. L. 93-205, 17, Dec. 28, 1973, 87 Stat. 903.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 93-205, Dec. 28, 1973, 81 Stat. 884, as amended,
known as the ''Endangered Species Act of 1973'', which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 1531 of this title
and Tables.
The Marine Mammal Protection Act of 1972, referred to in text, is
Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is
classified generally to chapter 31 ( 1361 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1361 of this title and Tables.
16 USC 1544. Annual cost analysis by Fish and Wildlife Service
TITLE 16 -- CONSERVATION
On or before January 15, 1990, and each January 15 thereafter, the
Secretary of the Interior, acting through the Fish and Wildlife Service,
shall submit to the Congress an annual report covering the preceding
fiscal year which shall contain --
(1) an accounting on a species by species basis of all reasonably
identifiable Federal expenditures made primarily for the conservation of
endangered or threatened species pursuant to this chapter; and
(2) an accounting on a species by species basis of all reasonably
identifiable expenditures made primarily for the conservation of
endangered or threatened species pursuant to this chapter by States
receiving grants under section 1535 of this title.
(Pub. L. 93-205, 18, as added Pub. L. 100-478, title I, 1012, Oct.
7, 1988, 102 Stat. 2314.)
16 USC CHAPTER 36 -- FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
TITLE 16 -- CONSERVATION
Sec.
1600. Congressional findings.
1601. Renewable Resource Assessment.
(a) Preparation by Secretary of Agriculture; time of preparation,
updating and contents.
(b) Contents of Assessments.
(c) Public involvement; consultation with governmental departments
and agencies.
(d) Congressional policy of multiple use sustained yield management;
examination and certification of lands; estimate of appropriations
necessary for reforestation and other treatment; budget requirements;
authorization of appropriations.
(e) Report on herbicides and pesticides.
1602. Renewable Resource Program; preparation by Secretary of
Agriculture and transmittal to President; purpose and development of
program; time of preparation, updating and contents.
1603. National Forest System resource inventories; development,
maintenance, and updating by Secretary of Agriculture as part of
Assessment.
1604. National Forest System land and resource management plans.
(a) Development, maintenance, and revision by Secretary of
Agriculture as part of program; coordination.
(b) Criteria.
(c) Incorporation of standards and guidelines by Secretary; time of
completion; progress reports; existing management plans.
(d) Public participation in management plans; availability of plans;
public meetings.
(e) Required assurances.
(f) Required provisions.
(g) Promulgation of regulations for development and revision of
plans; environmental considerations; resource management guidelines;
guidelines for land management plans.
(h) Scientific committee to aid in promulgation of regulations;
termination; revision committees; clerical and technical assistance;
compensation of committee members.
(i) Consistency of resource plans, permits, contracts, and other
instruments with land management plans; revision.
(j) Effective date of land management plans and revisions.
(k) Development of land management plans.
(l) Program evaluation; process for estimating long-term costs and
benefits; summary of data included in annual report.
(m) Establishment of standards to ensure culmination of mean annual
increment of growth; silvicultural practices; salvage harvesting;
exceptions.
1605. Protection, use and management of renewable resources on
non-Federal lands; utilization of Assessment, surveys and Program by
Secretary of Agriculture to assist States, etc.
1606. Budget requests by President for Forest Service activities.
(a) Transmittal to Speaker of House and President of Senate of
Assessment, Program and Statement of Policy used in framing requests;
time for transmittal; implementation by President of programs
established under Statement of Policy unless Statement subsequently
disapproved by Congress; time for disapproval.
(b) Contents of requests to show extent of compliance of projected
programs and policies with policies approved by Congress; requests not
conforming to approved policies; expenditure of appropriations.
(c) Annual evaluation report to Congress of Program components; time
of submission; status of major research programs; application of
findings; status, etc., of cooperative forestry assistance programs and
activities.
(d) Required contents of annual evaluation report.
(e) Additional required contents of annual evaluation report.
(f) Form of annual evaluation report.
1606a. Reforestation Trust Fund.
(a) Establishment; source of funds.
(b) Transfer of certain tariff receipts to Trust Fund; fiscal year
limitation; quarterly transfers; adjustment of estimates.
(c) Report to Congress; printing as House and Senate document;
investments; sale and redemption of obligations; credits for Trust
Fund.
(d) Obligations from Trust Fund.
1607. National Forest System renewable resources; development and
administration by Secretary of Agriculture in accordance with multiple
use and sustained yield concepts for products and services; target year
for operational posture of resources; budget requests.
1608. National Forest Transportation System.
(a) Congressional declaration of policy; time for development;
method of financing; financing of forest development roads.
(b) Construction of temporary roadways in connection with timber
contracts, and other permits or leases.
(c) Standards of roadway construction.
1609. National Forest System.
(a) Congressional declaration of constituent elements and purposes;
lands etc., included within; return of lands to public domain.
(b) Location of Forest Service offices.
1610. Implementation of provisions by Secretary of Agriculture;
utilization of information and data of other organizations; avoidance
of duplication of planning, etc.; ''renewable resources'' defined.
1611. Timber.
(a) Limitations on removal; variations in allowable sale quantity;
public participation.
(b) Salvage harvesting.
1612. Public participation.
(a) Adequate notice and opportunity to comment.
(b) Advisory boards.
1613. Promulgation of regulations.
1614. Severability.
1641. Findings and purpose.
(a) Findings.
(b) Relationship to other law.
(c) Purpose.
1642. Investigations, experiments, tests, and other activities.
(a) Authorization; scope and purposes of activities.
(b) Development of periodic Renewable Resource Assessment through
survey and analysis of conditions; implementation; authorization of
appropriations.
(c) Program of research and study relative to health and productivity
of domestic forest ecosystems; advisory committee; reports.
(d) Studies relative to problems associated with urban forests;
effects of Federal revenue codes on private forests; development of
improved delivery systems for information and technical assistance
provided to private landowners.
1643. Implementation of provisions.
(a) Establishment and maintenance of research facilities;
acquisition, expenditures, etc., for property.
(b) Acceptance, holding, and administration of gifts, donations, and
bequests; use and investment of gifts, proceeds, etc.; funding
requirements.
(c) Cooperation with international, Federal, State, and other
governmental agencies, public and private agencies, etc.; funding
requirements for contributions from cooperators.
1644. Competitive grants; scope and purposes; prerequisites.
1645. General provisions.
(a) Availability of funds to cooperators and grantees.
(b) Coordination of cooperative aid and grants with other aid and
grant authorities.
(c) Dissemination of knowledge and technology developed from research
activities; cooperation with specified entities.
(d) Additional implementative authorities.
(e) Construction of statutory provisions.
(f) Definitions.
1646. Authorization of appropriations.
1647. Other Federal programs.
(a) Repeal of statutory authorities relating to investigation,
experiments, and tests in reforestation and forest products.
(b) Force and effect of cooperative and other agreements under
repealed statutory authorities relating to investigation, etc., in
reforestation and forest products.
(c) Issuance of rules and regulations for implementation of
provisions and coordination with agricultural research, extension, and
teaching provisions.
(d) Availability of funds appropriated under repealed statutory
authorities relating to investigation, etc., in reforestation and forest
products.
1648. Recycling research.
(a) Findings.
(b) Recycling research program.
(c) Authorization of appropriations.
1649. Forestry Student Grant Program.
(a) Establishment.
(b) Student grants.
(c) Eligibility.
(d) Authorization of appropriations.
1671. Congressional statement of findings.
1672. General program authorization.
(a) Types of programs; preconditions and cooperation with State
program directors, etc.
(b) ''Eligible colleges and universities'' defined.
(c) Use of appropriate educational methods required; scope of
methods.
1673. State programs.
(a) Development by State program director, etc., of comprehensive and
coordinated program by mutual agreement; consultations; review
procedure.
(b) Encouragement by State director, etc., of cooperation between
county and State extension staffs and appropriate Federal and State
agencies and organizations.
(c) Administration and coordination of program by State director;
exception.
(d) Appointment and use of advisory committees by State director,
etc.; composition of advisory committees.
(e) ''State'' defined.
1674. Renewable Resources Extension Program plan.
(a) Preparation and submission to Congress; purposes; contents.
(b) Considerations governing preparation.
(c) Annual report to Congress.
(d) Review of activities and evaluation of progress.
1674a. Expanded programs.
(a) In general.
(b) Activities.
1675. Authorization of appropriations; criteria for eligibility of
States for funds.
1676. Issuance of rules and regulations for implementation of
provisions and coordination with agricultural, research, extension, and
teaching provisions.
1681. Congressional statement of purpose.
1682. Pilot projects and demonstrations.
(a) Establishment, implementation.
(b) Scope; residue removal credits.
1683. Pilot projects; requirements; residue removal credits as
compensation; implementation guidelines.
1684. Annual reports.
1685. Regulations.
1686. Definitions.
1687. Authorization of appropriations.
16 USC SUBCHAPTER I -- PLANNING
TITLE 16 -- CONSERVATION
16 USC 1600. Congressional findings
TITLE 16 -- CONSERVATION
The Congress finds that --
(1) the management of the Nation's renewable resources is highly
complex and the uses, demand for, and supply of the various resources
are subject to change over time;
(2) the public interest is served by the Forest Service, Department
of Agriculture, in cooperation with other agencies, assessing the
Nation's renewable resources, and developing and preparing a national
renewable resource program, which is periodically reviewed and updated;
(3) to serve the national interest, the renewable resource program
must be based on a comprehensive assessment of present and anticipated
uses, demand for, and supply of renewable resources from the Nation's
public and private forests and rangelands, through analysis of
environmental and economic impacts, coordination of multiple use and
sustained yield opportunities as provided in the Multiple-Use
Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), and
public participation in the development of the program;
(4) the new knowledge derived from coordinated public and private
research programs will promote a sound technical and ecological base for
effective management, use, and protection of the Nation's renewable
resources;
(5) inasmuch as the majority of the Nation's forests and rangeland is
under private, State, and local governmental management and the Nation's
major capacity to produce goods and services is based on these
nonfederally managed renewable resources, the Federal Government should
be a catalyst to encourage and assist these owners in the efficient
long-term use and improvement of these lands and their renewable
resources consistent with the principles of sustained yield and multiple
use;
(6) the Forest Service, by virtue of its statutory authority for
management of the National Forest System, research and cooperative
programs, and its role as an agency in the Department of Agriculture,
has both a responsibility and an opportunity to be a leader in assuring
that the Nation maintains a natural resource conservation posture that
will meet the requirements of our people in perpetuity; and
(7) recycled timber product materials are as much a part of our
renewable forest resources as are the trees from which they originally
came, and in order to extend our timber and timber fiber resources and
reduce pressures for timber production from Federal lands, the Forest
Service should expand its research in the use of recycled and waste
timber product materials, develop techniques for the substitution of
these secondary materials for primary materials, and promote and
encourage the use of recycled timber product materials.
(Pub. L. 93-378, 2, as added Pub. L. 94-588, 2, Oct. 22, 1976, 90
Stat. 2949.)
The Multiple-Use Sustained-Yield Act of 1960, referred to in par.
(3), 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.
Pub. L. 100-521, 1, Oct. 24, 1988, 102 Stat. 2601, provided that:
''This Act (amending section 1642 of this title and enacting provisions
set out as a note under section 1642 of this title) may be cited as the
'Forest Ecosystems and Atmospheric Pollution Research Act of 1988'.''
Pub. L. 100-231, 1, Jan. 5, 1988, 101 Stat. 1565, provided that:
''This Act (amending sections 1674 and 1675 of this title and provisions
set out as a note under section 1671 of this title) may be cited as the
'Renewable Resources Extension Act Amendments of 1987'.''
Pub. L. 96-554, 1, Dec. 19, 1980, 94 Stat. 3257, provided: ''That
this Act (enacting subchapter IV of this chapter and enacting provision
set out as a note under section 1681 of this title) may be cited as the
'Wood Residue Utilization Act of 1980'.''
Pub. L. 95-307, 1, June 30, 1978, 92 Stat. 353, provided: ''That
this Act (enacting subchapter II of this chapter, repealing sections 581
to 581i of this title, and enacting provisions set out as a note under
section 1641 of this title) may be cited as the 'Forest and Rangeland
Renewable Resources Research Act of 1978'.''
Pub. L. 95-306, 1, June 30, 1978, 92 Stat. 349, provided: ''That
this Act (enacting subchapter III of this chapter and provision set out
as a note under section 1671 of this title) may be cited as the
'Renewable Resources Extension Act of 1978'.''
Section 1 of Pub. L. 94-588 provided: ''That this Act (enacting
this section and sections 472a, 521b, and 1611 to 1614 of this title,
amending sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of
this title, repealing sections 476, 513 and 514 of this title, and
enacting provisions set out as notes under this section and sections
476, 513, 528, and 594-2 of this title) may be cited as the 'National
Forest Management Act of 1976'.''
Section 1 of Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476,
provided: ''That this Act (enacting this subchapter and amending
section 581h of this title) may be cited as the 'Forest and Rangeland
Renewable Resources Planning Act of 1974'.''
Section 21 of Pub. L. 94-588 provided that: ''If any provision of
this Act (see Short Title of 1976 Amendment note set out above) or the
application thereof to any person or circumstances is held invalid, the
validity of the remainder of the Act and of the application of such
provision to other persons and circumstances shall not be affected
thereby.''
16 USC 1601. Renewable Resource Assessment
TITLE 16 -- CONSERVATION
(a) Preparation by Secretary of Agriculture; time of preparation,
updating and contents
In recognition of the vital importance of America's renewable
resources of the forest, range, and other associated lands to the
Nation's social and economic well-being, and of the necessity for a long
term perspective in planning and undertaking related national renewable
resource programs administered by the Forest Service, the Secretary of
Agriculture shall prepare a Renewable Resource Assessment (hereinafter
called the ''Assessment''). The Assessment shall be prepared not later
than December 31, 1975, and shall be updated during 1979 and each tenth
year thereafter, and shall include but not be limited to --
(1) an analysis of present and anticipated uses, demand for, and
supply of the renewable resources, with consideration of the
international resource situation, and an emphasis of pertinent supply
and demand and price relationship trends;
(2) an inventory, based on information developed by the Forest
Service and other Federal agencies, of present and potential renewable
resources, and an evaluation of opportunities for improving their yield
of tangible and intangible goods and services, together with estimates
of investment costs and direct and indirect returns to the Federal
Government;
(3) a description of Forest Service programs and responsibilities in
research, cooperative programs and management of the National Forest
System, their interrelationships, and the relationship of these programs
and responsibilities to public and private activities;
(4) a discussion of important policy considerations, laws,
regulations, and other factors expected to influence and affect
significantly the use, ownership, and management of forest, range, and
other associated lands; and /1/
(5) an analysis of the potential effects of global climate change on
the condition of renewable resources on the forests and rangelands of
the United States; and
(6) an analysis of the rural and urban forestry opportunities to
mitigate the buildup of atmospheric carbon dioxide and reduce the risk
of global climate change, /2/
(b) Omitted
(c) Contents of Assessments
The Secretary shall report in the 1979 and subsequent Assessments on:
(1) the additional fiber potential in the National Forest System
including, but not restricted to, forest mortality, growth, salvage
potential, potential increased forest products sales, economic
constraints, alternate markets, contract considerations, and other
multiple use considerations;
(2) the potential for increased utilization of forest and wood
product wastes in the National Forest System and on other lands, and of
urban wood wastes and wood product recycling, including recommendations
to the Congress for actions which would lead to increased utilization of
material now being wasted both in the forests and in manufactured
products; and
(3) the milling and other wood fiber product fabrication facilities
and their location in the United States, noting the public and private
forested areas that supply such facilities, assessing the degree of
utilization into product form of harvested trees by such facilities, and
setting forth the technology appropriate to facilities to improve
utilization either individually or in aggregate the units of harvested
trees and to reduce wasted wood fibers. The Secretary shall set forth a
program to encourage the adoption by these facilities of these
technologies for improving wood fiber utilization.
(d) /3/ Public involvement; consultation with governmental
departments and agencies
In developing the reports required under subsection (c) of this
section, the Secretary shall provide opportunity for public involvement
and shall consult with other interested governmental departments and
agencies.
(d) /3/ Congressional policy of multiple use sustained yield
management; examination and certification of lands; estimate of
appropriations necessary for reforestation and other treatment; budget
requirements; authorization of appropriations
(1) It is the policy of the Congress that all forested lands in the
National Forest System shall be maintained in appropriate forest cover
with species of trees, degree of stocking, rate of growth, and
conditions of stand designed to secure the maximum benefits of multiple
use sustained yield management in accordance with land management plans.
Accordingly, the Secretary is directed to identify and report to the
Congress annually at the time of submission of the President's budget
together with the annual report provided for under section 1606(c) of
this title, beginning with submission of the President's budget for
fiscal year 1978, the amount and location by forests and States and by
productivity class, where practicable, of all lands in the National
Forest System where objectives of land management plans indicate the
need to reforest areas that have been cut-over or otherwise denuded or
deforested, and all lands with stands of trees that are not growing at
their best potential rate of growth. All national forest lands treated
from year to year shall be examined after the first and third growing
seasons and certified by the Secretary in the report provided for under
this subsection as to stocking rate, growth rate in relation to
potential and other pertinent measures. Any lands not certified as
satisfactory shall be returned to the backlog and scheduled for prompt
treatment. The level and types of treatment shall be those which secure
the most effective mix of multiple use benefits.
(2) Notwithstanding the provisions of section 1607 of this title, the
Secretary shall annually for eight years following October 22, 1976,
transmit to the Congress in the manner provided in this subsection an
estimate of the sums necessary to be appropriated, in addition to the
funds available from other sources, to replant and otherwise treat an
acreage equal to the acreage to be cut over that year, plus a sufficient
portion of the backlog of lands found to be in need of treatment to
eliminate the backlog within the eight-year period. After such
eight-year period, the Secretary shall transmit annually to the Congress
an estimate of the sums necessary to replant and otherwise treat all
lands being cut over and maintain planned timber production on all other
forested lands in the National Forest System so as to prevent the
development of a backlog of needed work larger than the needed work at
the beginning of the fiscal year. The Secretary's estimate of sums
necessary, in addition to the sums available under other authorities,
for accomplishment of the reforestation and other treatment of National
Forest System lands under this section shall be provided annually for
inclusion in the President's budget and shall also be transmitted to the
Speaker of the House and the President of the Senate together with the
annual report provided for under section 1606(c) of this title at the
time of submission of the President's budget to the Congress beginning
with the budget for fiscal year 1978. The sums estimated as necessary
for reforestation and other treatment shall include moneys needed to
secure seed, grow seedlings, prepare sites, plant trees, thin, remove
deleterious growth and underbrush, build fence to exclude livestock and
adverse wildlife from regeneration areas and otherwise establish and
improve growing forests to secure planned production of trees and other
multiple use values.
(3) Effective for the fiscal year beginning October 1, 1977, and each
fiscal year thereafter, there is hereby authorized to be appropriated
for the purpose of reforesting and treating lands in the National Forest
System $200,000,000 annually to meet requirements of this subsection
(d). All sums appropriated for the purposes of this subsection shall be
available until expended.
(e) Report on herbicides and pesticides
The Secretary shall submit an annual report to the Congress on the
amounts, types, and uses of herbicides and pesticides used in the
National Forest System, including the beneficial or adverse effects of
such uses.
(Pub. L. 93-378, 3, formerly 2, Aug. 17, 1974, 88 Stat. 476;
renumbered 3 and amended Pub. L. 94-588, 2-4, Oct. 22, 1976, 90 Stat.
2949, 2950; Pub. L. 101-624, title XXIV, 2408(a), Nov. 28, 1990, 104
Stat. 4061.)
Subsec. (b) of this section amended section 581h of this title.
1990 -- Subsec. (a)(5), (6). Pub. L. 101-624 added pars. (5) and
(6).
1976 -- Subsecs. (c) to (e). Pub. L. 94-588, 3, 4, added subsecs.
(c) to (e).
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 this
subchapter and system activities requiring coordination and approval
under general authorities of 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(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.
Section 1245 of title XII of Pub. L. 101-624, as amended by Pub. L.
102-237, title X, 1018(b), Dec. 13, 1991, 105 Stat. 1905, provided
that:
''(a) Establishment. -- The President shall establish a Commission on
State and Private Forests (hereafter in this section referred to as the
'Commission') which shall assess the status of the State and private
forest lands of the United States, the problems affecting these lands,
and the potential contribution of these lands to the renewable natural
resource needs of the United States associated with their improved
management and protection.
''(b) Composition. -- The Commission shall be composed of 25 members
to be appointed by the President, including Federal, State, and local
officials, timber industry representatives, nonindustrial private forest
landowners, conservationists, and community leaders. No more than five
members shall be appointed from any one State. Not fewer than 20
members shall be appointed by the President from nominations submitted
by the following Members of Congress:
''(1) The chairman of the Committee on Agriculture of the House of
Representatives.
''(2) The ranking minority member of the Committee on Agriculture of
the House of Representatives.
''(3) The chairman of the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
''(4) The ranking minority member of the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
''(c) Vacancy. -- A vacancy on the Commission shall be filled by
appointment by the President in the manner provided in subsection (b).
''(d) Chairperson. -- The Commission shall elect a chairperson from
among the members of the Commission by a majority vote.
''(e) Meetings. -- The Commission shall meet at the call of the
chairperson or a majority of the members of the Commission.
''(f) Duties. --
''(1) Study. -- The Commission shall conduct a study that shall
include --
''(A) an assessment using existing inventories of the current status
of the State and private forest lands of the United States, including --
''(i) ownership status and past and future trends;
''(ii) the production of timber and nontimber resources from such
lands; and
''(iii) landowner attitudes toward the protection and management of
these lands;
''(B) a review of the problems affecting the State and private forest
lands of the United States, including --
''(i) resource losses to insects, disease, fire, and damaging
weather;
''(ii) inadequate reforestation;
''(iii) fragmentation and conversion of the forest land base; and
''(iv) management options;
''(C) constraints on, and opportunities for, providing multiresource
outputs from forest lands;
''(D) administrative and legislative recommendations for addressing
the problems and capitalizing on the potential of these lands for
contributing to the renewable natural resource needs of the United
States.
''(2) Findings and recommendations. -- On the basis of its study, the
Commission shall make findings and develop recommendations for
consideration by the President with respect to the future demands placed
on State and private forests in meeting both commodity and noncommodity
needs of the United States in anticipation of impending changes in the
management of the national forests, especially with regard to timber
harvest. This assessment should focus on the role of State and private
forest lands and help to identify means of improving their contribution
to meeting the timber and nontimber needs of the United States.
''(3) Report. -- The Commission shall submit to the President, not
later than December 1, 1992, a report containing its findings and
recommendations. The President shall submit the report to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and the report is
authorized to be printed as a House Document.
''(g) Operations in General. --
''(1) Agency cooperation. -- The heads of executive agencies, the
General Accounting Office, the Office of Technology Assessment, and the
Congressional Budget Office shall cooperate with the Commission.
''(2) Compensation. -- Members of the Commission shall serve without
compensation for work on the Commission. While away from their homes or
regular places of business in the performance of duties of the
Commission, members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law for
persons serving intermittently in the Government service under section
5703 of title 5 of the United States Code.
''(3) Director. -- To the extent there are sufficient funds available
to the Commission and subject to such rules as may be adopted by the
Commission, the Commission, without regard to the provisions of title 5
of the United States Code governing appointments in the competitive
service and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to the
classification and General Schedule pay rates, may --
''(A) appoint and fix the compensation of a director; and
''(B) appoint and fix the compensation of such additional personnel
as the Commission determines necessary to assist it to carry out its
duties and functions.
''(4) Staff and services. -- On the request of the Commission, the
heads of executive agencies, the Comptroller General, and the Director
of the Office of Technology Assessment may furnish the Commission with
such office, personnel or support services as the head of the agency, or
office, and the chairperson of the Commission agree are necessary to
assist the Commission to carry out its duties and functions. The
Commission shall not be required to pay, or reimburse, any agency for
office, personnel or support services provided by this subsection.
''(5) Exemptions. --
''(A) FACA. -- The Commission shall be exempt from sections 7(d),
10(e), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C.
App. 1 et seq.).
''(B) Title 5. -- The Commission shall be exempt from the
requirements of sections 4301 through 4305 of title 5 of the United
States Code.
''(h) Authorization of Appropriations and Spending Authority. --
''(1) Authorization of appropriations. -- There is authorized to be
appropriated such sums as are necessary to implement this section.
''(2) Spending authority. -- Any spending authority (as defined in
section 401 of the Congressional Budget Act of 1974 (2 U.S.C. 651))
provided in this title (see Short Title of 1990 Amendment note set out
under section 2101 of this title) shall be effective for any fiscal year
only to such extent or in such amounts as are provided in appropriation
Acts.
''(i) Termination. -- The Presidential Commission on State and
Private Forests shall cease to exist 90 days following the submission of
its report to the President.''
3121.
/1/ So in original. The word ''and'' probably should not appear.
/2/ So in original. The comma probably should be a period.
/3/ So in original. Two subsecs. (d) have been enacted.
16 USC 1602. Renewable Resource Program; preparation by Secretary of
Agriculture and transmittal to President; purpose and development of
program; time of preparation, updating and contents
TITLE 16 -- CONSERVATION
In order to provide for periodic review of programs for management
and administration of the National Forest System, for research, for
cooperative State and private Forest Service programs, and for conduct
of other Forest Service activities in relation to the findings of the
Assessment, the Secretary of Agriculture, utilizing information
available to the Forest Service and other agencies within the Department
of Agriculture, including data prepared pursuant to section 1010a of
title 7, shall prepare and transmit to the President a recommended
Renewable Resource Program (hereinafter called the ''Program''). The
Program transmitted to the President may include alternatives, and shall
provide in appropriate detail for protection, management, and
development of the National Forest System, including forest development
roads and trails; for cooperative Forest Service programs; and for
research. The Program shall be developed in accordance with principles
set forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 (74
Stat. 215; 16 U.S.C. 528-531), and the National Environmental Policy
Act of 1969 (83 Stat. 852) (42 U.S.C. 4321 et seq.). The Program shall
be prepared not later than December 31, 1975, to cover the four-year
period beginning October 1, 1976, and at least each of the four fiscal
decades next following such period, and shall be updated no later than
during the first half of the fiscal year ending September 30, 1980, and
the first half of each fifth fiscal year thereafter to cover at least
each of the four fiscal decades beginning next after such updating. The
Program shall include, but not be limited to --
(1) an inventory of specific needs and opportunities for both public
and private program investments. The inventory shall differentiate
between activities which are of a capital nature and those which are of
an operational nature;
(2) specific identification of Program outputs, results anticipated,
and benefits associated with investments in such a manner that the
anticipated costs can be directly compared with the total related
benefits and direct and indirect returns to the Federal Government;
(3) a discussion of priorities for accomplishment of inventoried
Program opportunities, with specified costs, outputs, results, and
benefits;
(4) a detailed study of personnel requirements as needed to implement
and monitor existing and ongoing programs; and
(5) Program recommendations which --
(A) evaluate objectives for the major Forest Service programs in
order that multiple-use and sustained-yield relationships among and
within the renewable resources can be determined;
(B) explain the opportunities for owners of forests and rangeland to
participate in programs to improve and enhance the condition of the land
and the renewable resource products therefrom;
(C) recognize the fundamental need to protect and, where appropriate,
improve the quality of soil, water, and air resources;
(D) state national goals that recognize the interrelationships
between and interdependence within the renewable resources;
(E) evaluate the impact of the export and import of raw logs upon
domestic timber supplies and prices; and
(F) account for the effects of global climate change on forest and
rangeland conditions, including potential effects on the geographic
ranges of species, and on forest and rangeland products.
(Pub. L. 93-378, 4, formerly 3, Aug. 17, 1974, 88 Stat. 477,
renumbered 4 and amended Pub. L. 94-588, 2, 5, Oct. 22, 1976, 90
Stat. 2949, 2951; Pub. L. 101-624, title XXIV, 2408(b), Nov. 28, 1990,
104 Stat. 4061.)
The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is
Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended, which is
classified 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.
The National Environmental Policy Act of 1969, referred to in text,
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.
1990 -- Par. (5)(F). Pub. L. 101-624 added subpar. (F).
1976 -- Par. (4). Pub. L. 94-588 substituted ''implement and
monitor'' for ''satisfy''.
Par. (5). Pub. L. 94-588 added par. (5).
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
3121.
16 USC 1603. National Forest System resource inventories;
development, maintenance, and updating by Secretary of Agriculture as
part of Assessment
TITLE 16 -- CONSERVATION
As a part of the Assessment, the Secretary of Agriculture shall
develop and maintain on a continuing basis a comprehensive and
appropriately detailed inventory of all National Forest System lands and
renewable resources. This inventory shall be kept current so as to
reflect changes in conditions and identify new and emerging resources
and values.
(Pub. L. 93-378, 5, formerly 4, Aug. 17, 1974, 88 Stat. 477,
renumbered 5, Pub. L. 94-588, 2, Oct. 22, 1976, 90 Stat. 2949.)
16 USC 1604. National Forest System land and resource management plans
TITLE 16 -- CONSERVATION
(a) Development, maintenance, and revision by Secretary of
Agriculture as part of program; coordination
As a part of the Program provided for by section 1602 of this title,
the Secretary of Agriculture shall develop, maintain, and, as
appropriate, revise land and resource management plans for units of the
National Forest System, coordinated with the land and resource
management planning processes of State and local governments and other
Federal agencies.
(b) Criteria
In the development and maintenance of land management plans for use
on units of the National Forest System, the Secretary shall use a
systematic interdisciplinary approach to achieve integrated
consideration of physical, biological, economic, and other sciences.
(c) Incorporation of standards and guidelines by Secretary; time of
completion; progress reports; existing management plans
The Secretary shall begin to incorporate the standards and guidelines
required by this section in plans for units of the National Forest
System as soon as practicable after October 22, 1976, and shall attempt
to complete such incorporation for all such units by no later than
September 30, 1985. The Secretary shall report to the Congress on the
progress of such incorporation in the annual report required by section
1606(c) of this title. Until such time as a unit of the National Forest
System is managed under plans developed in accordance with this
subchapter, the management of such unit may continue under existing land
and resource management plans.
(d) Public participation in management plans; availability of plans;
public meetings
The Secretary shall provide for public participation in the
development, review, and revision of land management plans including,
but not limited to, making the plans or revisions available to the
public at convenient locations in the vicinity of the affected unit for
a period of at least three months before final adoption, during which
period the Secretary shall publicize and hold public meetings or
comparable processes at locations that foster public participation in
the review of such plans or revisions.
(e) Required assurances
In developing, maintaining, and revising plans for units of the
National Forest System pursuant to this section, the Secretary shall
assure that such plans --
(1) provide for multiple use and sustained yield of the products and
services obtained therefrom in accordance with the Multiple-Use
Sustained-Yield Act of 1960 (16 U.S.C. 528-531), and, in particular,
include coordination of outdoor recreation, range, timber, watershed,
wildlife and fish, and wilderness; and
(2) determine forest management systems, harvesting levels, and
procedures in the light of all of the uses set forth in subsection
(c)(1) of this section, the definition of the terms ''multiple use'' and
''sustained yield'' as provided in the Multiple-Use Sustained-Yield Act
of 1960, and the availability of lands and their suitability for
resource management.
(f) Required provisions
Plans developed in accordance with this section shall --
(1) form one integrated plan for each unit of the National Forest
System, incorporating in one document or one set of documents, available
to the public at convenient locations, all of the features required by
this section;
(2) be embodied in appropriate written material, including maps and
other descriptive documents, reflecting proposed and possible actions,
including the planned timber sale program and the proportion of probable
methods of timber harvest within the unit necessary to fulfill the plan;
(3) be prepared by an interdisciplinary team. Each team shall
prepare its plan based on inventories of the applicable resources of the
forest;
(4) be amended in any manner whatsoever after final adoption after
public notice, and, if such amendment would result in a significant
change in such plan, in accordance with the provisions of subsections
(e) and (f) of this section and public involvement comparable to that
required by subsection (d) of this section; and
(5) be revised (A) from time to time when the Secretary finds
conditions in a unit have significantly changed, but at least every
fifteen years, and (B) in accordance with the provisions of subsections
(e) and (f) of this section and public involvement comparable to that
required by subsection (d) of this section.
(g) Promulgation of regulations for development and revision of
plans; environmental considerations; resource management guidelines;
guidelines for land management plans
As soon as practicable, but not later than two years after October
22, 1976, the Secretary shall in accordance with the procedures set
forth in section 553 of title 5, promulgate regulations, under the
principles of the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528-531) that set out the process for the development and revision of
the land management plans, and the guidelines and standards prescribed
by this subsection. The regulations shall include, but not be limited
to --
(1) specifying procedures to insure that land management plans are
prepared in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), including, but not limited to, direction
on when and for what plans an environmental impact statement required
under section 102(2)(C) of that Act (42 U.S.C. 4332(2)(C)) shall be
prepared;
(2) specifying guidelines which --
(A) require the identification of the suitability of lands for
resource management;
(B) provide for obtaining inventory data on the various renewable
resources, and soil and water, including pertinent maps, graphic
material, and explanatory aids; and
(C) provide for methods to identify special conditions or situations
involving hazards to the various resources and their relationship to
alternative activities;
(3) specifying guidelines for land management plans developed to
achieve the goals of the Program which --
(A) insure consideration of the economic and environmental aspects of
various systems of renewable resource management, including the related
systems of silviculture and protection of forest resources, to provide
for outdoor recreation (including wilderness), range, timber, watershed,
wildlife, and fish;
(B) provide for diversity of plant and animal communities based on
the suitability and capability of the specific land area in order to
meet overall multiple-use objectives, and within the multiple-use
objectives of a land management plan adopted pursuant to this section,
provide, where appropriate, to the degree practicable, for steps to be
taken to preserve the diversity of tree species similar to that existing
in the region controlled by the plan;
(C) insure research on and (based on continuous monitoring and
assessment in the field) evaluation of the effects of each management
system to the end that it will not produce substantial and permanent
impairment of the productivity of the land;
(D) permit increases in harvest levels based on intensified
management practices, such as reforestation, thinning, and tree
improvement if (i) such practices justify increasing the harvests in
accordance with the Multiple-Use Sustained-Yield Act of 1960, and (ii)
such harvest levels are decreased at the end of each planning period if
such practices cannot be successfully implemented or funds are not
received to permit such practices to continue substantially as planned;
(E) insure that timber will be harvested from National Forest System
lands only where --
(i) soil, slope, or other watershed conditions will not be
irreversibly damaged;
(ii) there is assurance that such lands can be adequately restocked
within five years after harvest;
(iii) protection is provided for streams, streambanks, shorelines,
lakes, wetlands, and other bodies of water from detrimental changes in
water temperatures, blockages of water courses, and deposits of
sediment, where harvests are likely to seriously and adversely affect
water conditions or fish habitat; and
(iv) the harvesting system to be used is not selected primarily
because it will give the greatest dollar return or the greatest unit
output of timber; and
(F) insure that clearcutting, seed tree cutting, shelterwood cutting,
and other cuts designed to regenerate an evenaged stand of timber will
be used as a cutting method on National Forest System lands only where
--
(i) for clearcutting, it is determined to be the optimum method, and
for other such cuts it is determined to be appropriate, to meet the
objectives and requirements of the relevant land management plan;
(ii) the interdisciplinary review as determined by the Secretary has
been completed and the potential environmental, biological, esthetic,
engineering, and economic impacts on each advertised sale area have been
assessed, as well as the consistency of the sale with the multiple use
of the general area;
(iii) cut blocks, patches, or strips are shaped and blended to the
extent practicable with the natural terrain;
(iv) there are established according to geographic areas, forest
types, or other suitable classifications the maximum size limits for
areas to be cut in one harvest operation, including provision to exceed
the established limits after appropriate public notice and review by the
responsible Forest Service officer one level above the Forest Service
officer who normally would approve the harvest proposal: Provided, That
such limits shall not apply to the size of areas harvested as a result
of natural catastrophic conditions such as fire, insect and disease
attack, or windstorm; and
(v) such cuts are carried out in a manner consistent with the
protection of soil, watershed, fish, wildlife, recreation, and esthetic
resources, and the regeneration of the timber resource.
(h) Scientific committee to aid in promulgation of regulations;
termination; revision committees; clerical and technical assistance;
compensation of committee members
(1) In carrying out the purposes of subsection (g) of this section,
the Secretary of Agriculture shall appoint a committee of scientists who
are not officers or employees of the Forest Service. The committee
shall provide scientific and technical advice and counsel on proposed
guidelines and procedures to assure that an effective interdisciplinary
approach is proposed and adopted. The committee shall terminate upon
promulgation of the regulations, but the Secretary may, from time to
time, appoint similar committees when considering revisions of the
regulations. The views of the committees shall be included in the
public information supplied when the regulations are proposed for
adoption.
(2) Clerical and technical assistance, as may be necessary to
discharge the duties of the committee, shall be provided from the
personnel of the Department of Agriculture.
(3) While attending meetings of the committee, the members shall be
entitled to receive compensation at a rate of $100 per diem, including
traveltime, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703 of title 5, for persons in
the Government service employed intermittently.
(i) Consistency of resource plans, permits, contracts, and other
instruments with land management plans; revision
Resource plans and permits, contracts, and other instruments for the
use and occupancy of National Forest System lands shall be consistent
with the land management plans. Those resource plans and permits,
contracts, and other such instruments currently in existence shall be
revised as soon as practicable to be made consistent with such plans.
When land management plans are revised, resource plans and permits,
contracts, and other instruments, when necessary, shall be revised as
soon as practicable. Any revision in present or future permits,
contracts, and other instruments made pursuant to this section shall be
subject to valid existing rights.
(j) Effective date of land management plans and revisions
Land management plans and revisions shall become effective thirty
days after completion of public participation and publication of
notification by the Secretary as required under subsection (d) of this
section.
(k) Development of land management plans
In developing land management plans pursuant to this subchapter, the
Secretary shall identify lands within the management area which are not
suited for timber production, considering physical, economic, and other
pertinent factors to the extent feasible, as determined by the
Secretary, and shall assure that, except for salvage sales or sales
necessitated to protect other multiple-use values, no timber harvesting
shall occur on such lands for a period of 10 years. Lands once
identified as unsuitable for timber production shall continue to be
treated for reforestation purposes, particularly with regard to the
protection of other multiple-use values. The Secretary shall review his
decision to classify these lands as not suited for timber production at
least every 10 years and shall return these lands to timber production
whenever he determines that conditions have changed so that they have
become suitable for timber production.
(l) Program evaluation; process for estimating long-term costs and
benefits; summary of data included in annual report
The Secretary shall --
(1) formulate and implement, as soon as practicable, a process for
estimating long-terms /1/ costs and benefits to support the program
evaluation requirements of this subchapter. This process shall include
requirements to provide information on a representative sample basis of
estimated expenditures associated with the reforestation, timber stand
improvement, and sale of timber from the National Forest System, and
shall provide a comparison of these expenditures to the return to the
Government resulting from the sale of timber; and
(2) include a summary of data and findings resulting from these
estimates as a part of the annual report required pursuant to section
1606(c) of this title, including an identification on a representative
sample basis of those advertised timber sales made below the estimated
expenditures for such timber as determined by the above cost process;
and
(m) Establishment of standards to ensure culmination of mean annual
increment of growth; silvicultural practices; salvage harvesting;
exceptions
The Secretary shall establish --
(1) standards to insure that, prior to harvest, stands of trees
throughout the National Forest System shall generally have reached the
culmination of mean annual increment of growth (calculated on the basis
of cubic measurement or other methods of calculation at the discretion
of the Secretary): Provided, That these standards shall not preclude
the use of sound silvicultural practices, such as thinning or other
stand improvement measures: Provided further, That these standards
shall not preclude the Secretary from salvage or sanitation harvesting
of timber stands which are substantially damaged by fire, windthrow or
other catastrophe, or which are in imminent danger from insect or
disease attack; and
(2) exceptions to these standards for the harvest of particular
species of trees in management units after consideration has been given
to the multiple uses of the forest including, but not limited to,
recreation, wildlife habitat, and range and after completion of public
participation processes utilizing the procedures of subsection (d) of
this section.
(Pub. L. 93-378, 6, formerly, 5, Aug. 17, 1974, 88 Stat. 477,
renumbered 6 and amended Pub. L. 94-588, 2, 6, 12(a), Oct. 22, 1976,
90 Stat. 2949, 2952, 2958.)
The Multiple-Use Sustained-Yield Act of 1960, referred to in subsecs.
(e) and (g), 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.
The National Environmental Policy Act of 1969, referred to in subsec.
(g)(1), 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.
1976 -- Subsec. (a). Pub. L. 94-588, 12(a), substituted ''section
4'' for ''section 3'' in the original, which, because of the translation
as ''section 1602 of this title'' required no change in text.
Subsecs. (c) to (m). Pub. L. 94-588, 6, added subsecs. (c) to (m).
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
of Existing Plans; Judicial Review
Pub. L. 101-121, title III, 312, Oct. 23, 1989, 103 Stat. 743,
provided that: ''The Forest Service and Bureau of Land Management are
to continue to complete as expeditiously as possible development of
their respective Forest Land and Resource Management Plans to meet all
applicable statutory requirements. Notwithstanding the date in section
6(c) of the NFMA (16 U.S.C. 1600) (16 U.S.C. 1604(c)), the Forest
Service, and the Bureau of Land Management under separate authority, may
continue the management of lands within their jurisdiction under
existing land and resource management plans pending the completion of
new plans. Nothing shall limit judicial review of particular activities
on these lands: Provided, however, That there shall be no challenges to
any existing plan on the sole basis that the plan in its entirety is
outdated, or in the case of the Bureau of Land Management, solely on the
basis that the plan does not incorporate information available
subsequent to the completion of the existing plan: Provided further,
That any and all particular activities to be carried out under existing
plans may nevertheless be challenged.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 100-446, title III, 314, Sept. 27, 1988, 102 Stat. 1825.
Pub. L. 100-202, 101(g) (title III, 314), Dec. 22, 1987, 101 Stat.
1329-213, 1329-254.
Pub. L. 99-500, 101(h) (title II), Oct. 18, 1986, 100 Stat.
1783-242, 1783-268, and Pub. L. 99-591, 101(h) (title II), Oct. 30,
1986, 100 Stat. 3341-242, 3341-268.
8855; title 43 section 1752.
/1/ So in original. Probably should be ''long-term''.
16 USC 1605. Protection, use and management of renewable resources on
non-Federal lands; utilization of Assessment, surveys and Program by
Secretary of Agriculture to assist States, etc.
TITLE 16 -- CONSERVATION
The Secretary of Agriculture may utilize the Assessment, resource
surveys, and Program prepared pursuant to this subchapter to assist
States and other organizations in proposing the planning for the
protection, use, and management of renewable resources on non-Federal
land.
(Pub. L. 93-378, 7, formerly 6, Aug. 17, 1974, 88 Stat. 478,
renumbered 7, Pub. L. 94-588, 2, Oct. 22, 1976, 90 Stat. 2949.)
16 USC 1606. Budget requests by President for Forest Service
activities
TITLE 16 -- CONSERVATION
(a) Transmittal to Speaker of House and President of Senate of
Assessment, Program and Statement of Policy used in framing requests;
time for transmittal; implementation by President of programs
established under Statement of Policy unless Statement subsequently
disapproved by Congress; time for disapproval
On the date Congress first convenes in 1976 and thereafter following
each updating of the Assessment and the Program, the President shall
transmit to the Speaker of the House of Representatives and the
President of the Senate, when Congress convenes, the Assessment as set
forth in section 1601 of this title and the Program as set forth in
section 1602 of this title, together with a detailed Statement of Policy
intended to be used in framing budget requests by that Administration
for Forest Service activities for the five- or ten-year program period
beginning during the term of such Congress for such further action
deemed appropriate by the Congress. Following the transmission of such
Assessment, Program, and Statement of Policy, the President shall,
subject to other actions of the Congress, carry out programs already
established by law in accordance with such Statement of Policy or any
subsequent amendment or modification thereof approved by the Congress,
unless, before the end of the first period of ninety calendar days of
continuous session of Congress after the date on which the President of
the Senate and the Speaker of the House are recipients of the
transmission of such Assessment, Program, and Statement of Policy,
either House adopts a resolution reported by the appropriate committee
of jurisdiction disapproving the Statement of Policy. For the purpose
of this subsection, the continuity of a session shall be deemed to be
broken only by an adjournment sine die, and the days on which either
House is not in session because of an adjournment of more than three
days to a day certain shall be excluded in the computation of the
ninety-day period. Notwithstanding any other provision of this
subchapter, Congress may revise or modify the Statement of Policy
transmitted by the President, and the revised or modified Statement of
Policy shall be used in framing budget requests.
(b) Contents of requests to show extent of compliance of projected
programs and policies with policies approved by Congress; requests not
conforming to approved policies; expenditure of appropriations
Commencing with the fiscal budget for the year ending September 30,
1977, requests presented by the President to the Congress governing
Forest Service activities shall express in qualitative and quantitative
terms the extent to which the programs and policies projected under the
budget meet the policies approved by the Congress in accordance with
subsection (a) of this section. In any case in which such budget so
presented recommends a course which fails to meet the policies so
established, the President shall specifically set forth the reason or
reasons for requesting the Congress to approve the lesser programs or
policies presented. Amounts appropriated to carry out the policies
approved in accordance with subsection (a) of this section shall be
expended in accordance with the Congressional Budget and Impoundment
Control Act of 1974.
(c) Annual evaluation report to Congress of Program components; time
of submission; status of major research programs; application of
findings; status, etc., of cooperative forestry assistance programs and
activities
For the purpose of providing information that will aid Congress in
its oversight responsibilities and improve the accountability of agency
expenditures and activities, the Secretary of Agriculture shall prepare
an annual report which evaluates the component elements of the Program
required to be prepared by section 1602 of this title which shall be
furnished to the Congress at the time of submission of the annual fiscal
budget commencing with the third fiscal year after August 17, 1974.
With regard to the research component of the program, the report shall
include, but not be limited to, a description of the status of major
research programs, significant findings, and how these findings will be
applied in National Forest System management and in cooperative State
and private Forest Service programs. With regard to the cooperative
forestry assistance part of the Program, the report shall include, but
not be limited to, a description of the status, accomplishments, needs,
and work backlogs for the programs and activities conducted under the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.).
(d) Required contents of annual evaluation report
These annual evaluation reports shall set forth progress in
implementing the Program required to be prepared by section 1602 of this
title, together with accomplishments of the Program as they relate to
the objectives of the Assessment. Objectives should be set forth in
qualitative and quantitative terms and accomplishments should be
reported accordingly. The report shall contain appropriate measurements
of pertinent costs and benefits. The evaluation shall assess the
balance between economic factors and environmental quality factors.
Program benefits shall include, but not be limited to, environmental
quality factors such as esthetics, public access, wildlife habitat,
recreational and wilderness use, and economic factors such as the excess
of cost savings over the value of foregoing benefits and the rate of
return on renewable resources.
(e) Additional required contents of annual evaluation report
The reports shall indicate plans for implementing corrective action
and recommendations for new legislation where warranted.
(f) Form of annual evaluation report
The reports shall be structured for Congress in concise summary form
with necessary detailed data in appendices.
(Pub. L. 93-378, 8, formerly 7, Aug. 17, 1974, 88 Stat. 478,
renumbered 8 and amended Pub. L. 94-588, 2, 7, 12(b), Oct. 22, 1976,
90 Stat. 2949, 2956, 2958; Pub. L. 95-313, 15, formerly 12, July 1,
1978, 92 Stat. 374, renumbered 15, Pub. L. 101-624, title XII,
1215(1), Nov. 28, 1990, 104 Stat. 3525.)
The Congressional Budget and Impoundment Control Act of 1974,
referred to in subsec. (b), is Pub. L. 93-344, July 12, 1974, 88 Stat.
297, as amended. For complete classification of this Act to the Code,
see Short Title note set out under section 621 of Title 2, The Congress,
and Tables.
The Cooperative Forestry Assistance Act of 1978, referred to in
subsec. (c), is Pub. L. 95-313, July 1, 1978, 92 Stat. 365, which is
classified principally to chapter 41 ( 2101 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2101 of this title and Tables.
1978 -- Subsec. (c). Pub. L. 95-313 inserted provisions relating to
inclusion in report of findings involving cooperative State and private
Forest Service programs, and provisions relating to scope of report
descriptions involving programs and activities under the Cooperative
Forestry Assistance Act of 1978.
1976 -- Subsec. (a). Pub. L. 94-588, 7(a), 12(b)(1), substituted
''section 3'' and ''section 4'' for ''section 2'' and ''section 3'',
respectively, in the original, which, because of their translation as
''section 1601 of this title'' and ''section 1602 of this title''
required no change in text, and substituted ''ninety calendar days of
continuous session'' for ''sixty days of continuous session'' and
''ninety-day period'' for ''sixty-day period''.
Subsec. (c). Pub. L. 94-588, 7(b), 12(b)(2), substituted ''section
4'' for ''section 3'' in the original which, because of its translation
as ''section 1602 of this title'' required no change in text and
inserted provision requiring that the report include a description of
the status of major research programs, significant findings, and how
such findings will be applied in National Forest System management.
Subsec. (d). Pub. L. 94-588, 12(b)(3), substituted ''section 4'' for
''section 3'' in the original which, because of the translation as
''section 1602 of this title'', required no change in text.
Amendment by Pub. L. 95-313 effective Oct. 1, 1978, see section 17
of Pub. L. 95-313, set out as an Effective Date note under section 2101
of this title.
Pub. L. 96-514, title III, 310, Dec. 12, 1980, 94 Stat. 2984,
provided that: ''The Statement of Policy transmitted by the President
to the Speaker of the House of Representatives and the President of the
Senate on June 19, 1980, as required under section 8 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (this section), is
revised and modified to read as follows:
''It is the policy of the United States --
''(1) forests and rangeland, in all ownerships, should be managed to
maximize their net social and economic contributions to the Nation's
well being, in an environmentally sound manner.
''(2) the Nation's forested land, except such public land that is
determined by law or policy to be maintained in its existing or natural
state, should be managed at levels that realize its capabilities to
satisfy the Nation's need for food, fiber, energy, water, soil
stability, wildlife and fish, recreation, and esthetic values.
''(3) the productivity of suitable forested land, in all ownerships,
should be maintained and enhanced to minimize the inflationary impacts
of wood product prices on the domestic economy and permit a net export
of forest products by the year 2030.
''(4) in order to achieve this goal, it is recognized that in the
major timber growing regions most of the commercial timber lands will
have to be brought to and maintained, where possible, at 90 percent of
their potential level of growth, consistent with the provisions of the
National Forest Management Act of 1976 (see Short Title of 1976
Amendment note set out under section 1600 of this title) on Federal
lands, so that all resources are utilized in the combination that will
best meet the needs of the American people.
''(5) forest and rangeland protection programs should be improved to
more adequately protect forest and rangeland resources from fire,
erosion, insects, disease, and the introduction or spread of noxious
weeds, insects, and animals.
''(6) the Federal agencies carrying out the policies contained in
this Statement will cooperate and coordinate their efforts to accomplish
the goals contained in this Statement and will consult, coordinate, and
cooperate with the planning efforts of the States.
''(7) in carrying out the Assessment and the Program under the Forest
and Rangeland Renewable Resources Planning Act of 1974 (this subchapter)
and the Appraisal and the Program under the Soil and Water Resources
Conservation Act of 1977 (section 2001 et seq. of this title), the
Secretary of Agriculture shall assure that resources and economic
information and evaluation data will be continually improved so that the
best possible information is always available for use by Federal
agencies and the public.
''The data on and understanding of the cover and condition of range
lands is less refined than the data on and understanding of commercial
forest land. Range lands have significant value in the production of
water and protection of watersheds; the production of fish and wildlife
food and habitat; recreation; and the production of livestock forage.
An adequate data base on the cover and condition of range lands should
be developed by the year 1990. Currently, cattle production from these
lands is annually estimated at 213 million animal unit months of
livestock forage. These lands should be maintained and enhanced,
including their water and other resource values, so that they can
annually provide 310 million animal units months of forage by the year
2030, along with other benefits.
''Congress generally accepts the 'high-bound' program described on
pages 7 through 18 of the 1980 Report to Congress on the Nation's
Renewable Resources prepared by the Secretary of Agriculture. However,
Congress finds that the 'high-bound' program may not be sufficient to
accomplish the goals contained in this statement, particularly in the
area of range and watershed resources, State and private forest
cooperation and timber management.
''States and owners of private forest and rangelands will be
encouraged, consistent with their individual objectives, to manage their
land in support of this Statement of Policy. The State and private
forestry and range programs of the Forest Service will be essential to
the furtherance of this Statement of Policy.
''In order to accomplish the policy goals contained in this statement
by the year 2030, the Federal Government should adequately fund programs
of research (including cooperative research), extension, cooperative
forestry assistance and protection, and improved management of the
forest and rangelands. The Secretary of Agriculture shall continue his
efforts to evaluate the cost-effectiveness of the renewable resource
programs.''
Section 15, formerly section 12 of Pub. L. 95-313, renumbered 15,
Pub. L. 101-624, title XII, 1215(1), Nov. 28, 1990, 104 Stat. 3525,
provided in part that the amendment of subsec. (c) of this section by
Pub. L. 95-313 is to insure that Congress has adequate information to
implement its oversight responsibilities and to provide accountability
for expenditures and activities under the Cooperative Forestry
Assistance Act of 1978. See Short Title note set out under section 2101
of this title for classification of the Cooperative Forestry Assistance
Act of 1978 in the Code.
16 USC 1606a. Reforestation Trust Fund
TITLE 16 -- CONSERVATION
(a) Establishment; source of funds
There is established in the Treasury of the United States a trust
fund, to be known as the Reforestation Trust Fund (hereinafter in this
section referred to as the ''Trust Fund''), consisting of such amounts
as are transferred to the Trust Fund under subsection (b)(1) of this
section and any interest earned on investment of amounts in the Trust
Fund under subsection (c)(2) of this section.
(b) Transfer of certain tariff receipts to Trust Fund; fiscal year
limitation; quarterly transfers; adjustment of estimates
(1) Subject to the limitation in paragraph (2), the Secretary of the
Treasury shall transfer to the Trust Fund an amount equal to the sum of
the tariffs received in the Treasury after January 1, 1989, under
headings 4401 through 4412 and subheadings 4418.50.00, 4418.90.20,
4420.10.00, 4420.90.80, 4421.90.10 through 4421.90.20, and 4421.90.70 of
chapter 44, subheadings 6808.00.00 and 6809.11.00 of chapter 68 and
subheading 9614.10.00 of chapter 96 of the Harmonized Tariff Schedule of
the United States.
(2) The Secretary shall not transfer more than $30,000,000 to the
Trust Fund for any fiscal year.
(3) The amounts required to be transferred to the Trust Fund under
paragraph (1) shall be transferred at least quarterly from the general
fund of the Treasury to the Trust Fund on the basis of estimates made by
the Secretary of the Treasury. Proper adjustment shall be made in the
amounts subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(c) Report to Congress; printing as House and Senate document;
investments; sale and redemption of obligations; credits for Trust
Fund
(1) It shall be the duty of the Secretary of the Treasury to hold the
Trust Fund, and (after consultation with the Secretary of Agriculture)
to report to the Congress each year on the financial condition and the
results of the operations of the Trust Fund during the preceding fiscal
year and on its expected condition and operations during the next fiscal
year. Such report shall be printed as both a House and Senate document
of the session of the Congress to which the report is made.
(2)(A) It shall be the duty of the Secretary of the Treasury to
invest such portion of the Trust Fund as is not, in his judgment,
required to meet current withdrawals. Such investments may be made only
in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States. For
such purpose, such obligations may be acquired (i) on original issue at
the issue price, or (ii) by purchase of outstanding obligations at the
market price. The purposes for which obligations of the United States
may be issued under chapter 31 of title 31 are hereby extended to
authorize the issuance at par of special obligations exclusively to the
Trust Fund. Such special obligations shall bear interest at a rate
equal to the average rate of interest, computed as to the end of the
calendar month next preceding the date of such issue, borne by all
marketable interest-bearing obligations of the United States then
forming a part of the Public Debt; except that where such average rate
is not a multiple of one-eighth of 1 percent, the rate of interest of
such special obligations shall be the multiple of one-eighth of 1
percent next lower than such average rate. Such special obligations
shall be issued only if the Secretary of the Treasury determines that
the purchase of other interest-bearing obligations of the United States,
or of obligations guaranteed as to both principal and interest by the
United States on original issue or at the market price, is not in the
public interest.
(B) Any obligation acquired by the Trust Fund (except special
obligations issued exclusively to the Trust Fund) may be sold by the
Secretary of the Treasury at the market price, and such special
obligations may be redeemed at par plus accrued interest.
(C) The interest on, and the proceeds from the sale or redemption of,
any obligations held in Trust Fund shall be credited to and form a part
of the Trust Fund.
(d) Obligations from Trust Fund
The Secretary of Agriculture is on and after December 19, 1985,
authorized to obligate such sums as are available in the Trust Fund
(including any amounts not obligated in previous fiscal years) for --
(1) reforestation and timber stand improvement as specified in
section 1601(d) of this title; and
(2) properly allocable administrative costs of the Federal Government
for the activities specified above.
(Pub. L. 96-451, title III, 303, Oct. 14, 1980, 94 Stat. 1991; Pub.
L. 97-424, title IV, 422, Jan. 6, 1983, 96 Stat. 2164; Pub. L.
99-190, 101(d) (title II, 201), Dec. 19, 1985, 99 Stat. 1224, 1245;
Pub. L. 100-418, title I, 1214(r), Aug. 23, 1988, 102 Stat. 1160.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(1), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
Section was not enacted as part of the Forest and Rangeland Renewable
Resources Planning Act of 1974 which comprises this subchapter.
In subsec. (c)(2)(A), ''chapter 31 of title 31'' substituted for
''the Second Liberty Bond Act, as amended'' 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.
1988 -- Subsec. (b)(1). Pub. L. 100-418 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''Subject to the
limitation in paragraph (2), the Secretary of the Treasury shall
transfer to the Trust Fund an amount equal to the sum of the tariffs
received in the Treasury after September 30, 1979, under subparts A and
B of part 1 of schedule 2 of the Tariff Schedules of the United States
(19 U.S.C. 1202) and under part 3 of such schedule.''
1985 -- Subsec. (d). Pub. L. 99-190 amended subsec. (d) generally,
substituting provisions authorizing the Secretary to obligate available
sums in the Trust Fund, for provisions requiring the Secretary to expend
all available amounts in each of fiscal years 1983, 1984, and 1985.
Subsec. (e). Pub. L. 99-190 struck out subsec. (e) which related to
sense of Congress with respect to disposition of unexpended funds.
1983 -- Subsec. (b)(1). Pub. L. 97-424, 422(b), struck out ''and
before October 1, 1985,'' after ''September 30, 1979''.
Subsec. (d). Pub. L. 97-424, 422(a), substituted provisions relating
to fiscal years 1983 through 1985 for provision that directed that for
each of the first 5 fiscal years beginning after Sept. 30, 1980, there
was authorized after that date to be appropriated to the Secretary of
Agriculture, out of any amounts in the Trust Fund, an amount equal to
the sum of the amount by which the sum estimated by the Secretary of
Agriculture for the fiscal year under section 1601(d)(2) of this title
to be necessary for reforestation and other treatment of acreage, as set
forth in the report transmitted by the Secretary to the Congress under
that section for the fiscal year, exceeded the sum of the amounts
appropriated for the fiscal year under the authorization contained in
section 1601(d)(3) of this title and under any other provision of law to
carry out the same purpose; and such sums as were determined by the
Secretary of Agriculture to be properly allocable to administrative
costs of the Federal Government incurred for the fiscal year in
connection with the reforestation program carried out under this
chapter.
Subsec. (e). Pub. L. 97-424, 422(a), substituted provision that it
is the intent of Congress that the Secretary expend all of the funds
available in the Trust Fund in each fiscal year and that any such funds
which are not expended in a given fiscal year remain available for
expenditure without fiscal year limitation; except that any funds not
expended prior to Oct. 1, 1985, shall, no later than Apr. 30, 1986, be
distributed to the States for use in State forestry programs pursuant to
the formula set forth in section 500 of this title for provision that
the Secretary of the Treasury pay into the general fund of the Treasury
any amounts, including interest earned on such amounts, remaining in the
Trust Fund after Sept. 30, 1985, which were not expended and remained
in the Trust Fund.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
16 USC 1607. National Forest System renewable resources; development
and administration by Secretary of Agriculture in accordance with
multiple use and sustained yield concepts for products and services;
target year for operational posture of resources; budget requests
TITLE 16 -- CONSERVATION
The Secretary of Agriculture shall take such action as will assure
that the development and administration of the renewable resources of
the National Forest System are in full accord with the concepts for
multiple use and sustained yield of products and services as set forth
in the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528-531). To
further these concepts, the Congress hereby sets the year 2000 as the
target year when the renewable resources of the National Forest System
shall be in an operating posture whereby all backlogs of needed
treatment for their restoration shall be reduced to a current basis and
the major portion of planned intensive multiple-use sustained-yield
management procedures shall be installed and operating on an
environmentally-sound basis. The annual budget shall contain requests
for funds for an orderly program to eliminate such backlogs: Provided,
That when the Secretary finds that (1) the backlog of areas that will
benefit by such treatment has been eliminated, (2) the cost of treating
the remainder of such area exceeds the economic and environmental
benefits to be secured from their treatment, or (3) the total supplies
of the renewable resources of the United States are adequate to meet the
future needs of the American people, the budget request for these
elements of restoration may be adjusted accordingly.
(Pub. L. 93-378, 9, formerly 8, Aug. 17, 1974, 88 Stat. 479,
renumbered 9, Pub. L. 94-588, 2, Oct. 22, 1976, 90 Stat. 2949.)
The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is
Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended, which is
classified 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.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
16 USC 1608. National Forest Transportation System
TITLE 16 -- CONSERVATION
(a) Congressional declaration of policy; time for development;
method of financing; financing of forest development roads
The Congress declares that the installation of a proper system of
transportation to service the National Forest System, as is provided for
in sections 532 to 538 of this title, shall be carried forward in time
to meet anticipated needs on an economical and environmentally sound
basis, and the method chosen for financing the construction and
maintenance of the transportation system should be such as to enhance
local, regional, and national benefits: Provided, That limitations on
the level of obligations for construction of forest roads by timber
purchasers shall be established in annual appropriation Acts.
(b) Construction of temporary roadways in connection with timber
contracts, and other permits or leases
Unless the necessity for a permanent road is set forth in the forest
development road system plan, any road constructed on land of the
National Forest System in connection with a timber contract or other
permit or lease shall be designed with the goal of reestablishing
vegetative cover on the roadway and areas where the vegetative cover has
been disturbed by the construction of the road, within ten years after
the termination of the contract, permit, or lease either through
artificial or natural means. Such action shall be taken unless it is
later determined that the road is needed for use as a part of the
National Forest Transportation System.
(c) Standards of roadway construction
Roads constructed on National Forest System lands shall be designed
to standards appropriate for the intended uses, considering safety, cost
of transportation, and impacts on land and resources.
(Pub. L. 93-378, 10, formerly 9, Aug. 17, 1974, 88 Stat. 479,
renumbered 10 and amended Pub. L. 94-588, 2, 8, Oct. 22, 1976, 90
Stat. 2949, 2956; Pub. L. 97-100, title II, 201, Dec. 23, 1981, 95
Stat. 1405.)
1981 -- Subsec. (a). Pub. L. 97-100 substituted ''Provided, That
limitations on the level of obligations for construction of forest roads
by timber purchasers shall be established in annual appropriation Acts''
for '', except that the financing of forest development roads as
authorized by clause (2) of section 535 of this title, shall be deemed
'budget authority' and 'budget outlays' as those terms are defined in
section 1302(a) of title 31, and shall be effective for any fiscal year
only in the manner required for new spending authority as specified by
section 1351(a) of title 31''.
1976 -- Pub. L. 94-588, 8, designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
16 USC 1609. National Forest System
TITLE 16 -- CONSERVATION
(a) Congressional declaration of constituent elements and purposes;
lands etc., included within; return of lands to public domain
Congress declares that the National Forest System consists of units
of federally owned forest, range, and related lands throughout the
United States and its territories, united into a nationally significant
system dedicated to the long-term benefit for present and future
generations, and that it is the purpose of this section to include all
such areas into one integral system. The ''National Forest System''
shall include all national forest lands reserved or withdrawn from the
public domain of the United States, all national forest lands acquired
through purchase, exchange, donation, or other means, the national
grasslands and land utilization projects administered under title III of
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.), and other
lands, waters, or interests therein which are administered by the Forest
Service or are designated for administration through the Forest Service
as a part of the system. Notwithstanding the provisions of section 473
of this title, no land now or hereafter reserved or withdrawn from the
public domain as national forests pursuant to section 471 /1/ of this
title, or any act supplementary to and amendatory thereof, shall be
returned to the public domain except by an act of Congress.
(b) Location of Forest Service offices
The on-the-ground field offices, field supervisory offices, and
regional offices of the Forest Service shall be so situated as to
provide the optimum level of convenient, useful services to the public,
giving priority to the maintenance and location of facilities in rural
areas and towns near the national forest and Forest Service program
locations in accordance with the standards in section 3122(b) of title
42.
(Pub. L. 93-378, 11, formerly 10, Aug. 17, 1974, 88 Stat. 480,
renumbered 11 and amended Pub. L. 94-588, 2, 9, Oct. 22, 1976, 90
Stat. 2949, 2957.)
The Bankhead Jones Farm Tenant Act, referred to in subsec. (a), is
act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of
the Bankhead Jones Farm Tenant Act is classified generally to subchapter
III ( 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out
under section 1000 of Title 7 and Tables.
Section 471 of this title, referred to in subsec. (a), was repealed
by Pub. L. 94-579, title VII, 704(a), Oct. 21, 1976, 90 Stat. 2792.)
1976 -- Subsec. (a). Pub. L. 94-588, 9, prohibited the return to
the public domain of land reserved or withdrawn from the public domain
as national forests pursuant to section 471 of this title except by an
act of Congress.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
/1/ See References in Text note below.
16 USC 1610. Implementation of provisions by Secretary of Agriculture;
utilization of information and data of other organizations; avoidance
of duplication of planning, etc.; ''renewable resources'' defined
TITLE 16 -- CONSERVATION
In carrying out this subchapter, the Secretary of Agriculture shall
utilize information and data available from other Federal, State, and
private organizations and shall avoid duplication and overlap of
resource assessment and program planning efforts of other Federal
agencies. The term ''renewable resources'' shall be construed to
involve those matters within the scope of responsibilities and
authorities of the Forest Service on August 17, 1974 and on the date of
enactment of any legislation amendatory or supplementary thereto.
(Pub. L. 93-378, 12, formerly 11, Aug. 17, 1974, 88 Stat. 480,
renumbered 12 and amended Pub. L. 94-588, 2, 10, Oct. 22, 1976, 90
Stat. 2949, 2957.)
1976 -- Pub. L. 94-588, 10, inserted ''and on the date of enactment
of any legislation amendatory or supplementary thereto''.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
16 USC 1611. Timber
TITLE 16 -- CONSERVATION
(a) Limitations on removal; variations in allowable sale quantity;
public participation
The Secretary of Agriculture shall limit the sale of timber from each
national forest to a quantity equal to or less than a quantity which can
be removed from such forest annually in perpetuity on a sustained-yield
basis: Provided, That, in order to meet overall multiple-use
objectives, the Secretary may establish an allowable sale quantity for
any decade which departs from the projected long-term average sale
quantity that would otherwise be established: Provided further, That
any such planned departure must be consistent with the multiple-use
management objectives of the land management plan. Plans for variations
in the allowable sale quantity must be made with public participation as
required by section 1604(d) of this title. In addition, within any
decade, the Secretary may sell a quantity in excess of the annual
allowable sale quantity established pursuant to this section in the case
of any national forest so long as the average sale quantities of timber
from such national forest over the decade covered by the plan do not
exceed such quantity limitation. In those cases where a forest has less
than two hundred thousand acres of commercial forest land, the Secretary
may use two or more forests for purposes of determining the sustained
yield.
(b) Salvage harvesting
Nothing in subsection (a) of this section shall prohibit the
Secretary from salvage or sanitation harvesting of timber stands which
are substantially damaged by fire, windthrow, or other catastrophe, or
which are in imminent danger from insect or disease attack. The
Secretary may either substitute such timber for timber that would
otherwise be sold under the plan or, if not feasible, sell such timber
over and above the plan volume.
(Pub. L. 93-378, 13, as added Pub. L. 94-588, 11, Oct. 22, 1976, 90
Stat. 2957.)
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
16 USC 1612. Public participation
TITLE 16 -- CONSERVATION
(a) Adequate notice and opportunity to comment
In exercising his authorities under this subchapter and other laws
applicable to the Forest Service, the Secretary, by regulation, shall
establish procedures, including public hearings where appropriate, to
give the Federal, State, and local governments and the public adequate
notice and an opportunity to comment upon the formulation of standards,
criteria, and guidelines applicable to Forest Service programs.
(b) Advisory boards
In providing for public participation in the planning for and
management of the National Forest System, the Secretary, pursuant to the
Federal Advisory Committee Act (86 Stat. 770) and other applicable law,
shall establish and consult such advisory boards as he deems necessary
to secure full information and advice on the execution of his
responsibilities. The membership of such boards shall be representative
of a cross section of groups interested in the planning for and
management of the National Forest System and the various types of use
and enjoyment of the lands thereof.
(Pub. L. 93-378, 14, as added Pub. L. 94-588, 11, Oct. 22, 1976, 90
Stat. 2958.)
The Federal Advisory Committee Act, referred to in text, is Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in
the Appendix to Title 5, Government Organization and Employees.
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
Pub. L. 102-381, title III, 322, Oct. 5, 1992, 106 Stat. 1419,
provided that:
''(a) In General. -- In accordance with this section, the Secretary
of Agriculture, acting through the Chief of the Forest Service, shall
establish a notice and comment process for proposed actions of the
Forest Service concerning projects and activities implementing land and
resource management plans developed under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 (1600) et seq.)
and shall modify the procedure for appeals of decisions concerning such
projects.
''(b) Notice and Comment. --
''(1) Notice. -- Prior to proposing an action referred to in
subsection (a), the Secretary shall give notice of the proposed action,
and the availability of the action for public comment by --
''(A) promptly mailing notice about the proposed action to any person
who has requested it in writing, and to persons who are known to have
participated in the decisionmaking process; and,
''(B)(i) in the case of an action taken by the Chief of the Forest
Service, publishing notice of action in the Federal Register; or
''(ii) in the case of any other action referred to in subsection (a),
publishing notice of the action in a newspaper of general circulation
that has previously been identified in the Federal Register as the
newspaper in which notice under this paragraph may be published.
''(2) Comment. -- The Secretary shall accept comments on the proposed
action within 30 days after publication of the notice in accordance with
paragraph (1).
''(c) Right to Appeal. -- Not later than 45 days after the date of
issuance of a decision of the Forest Service concerning actions referred
to in subsection (a), a person who was involved in the public comment
process under subsection (b) through submission of written or oral
comments or by otherwise notifying the Forest Service of their interest
in the proposed action may file an appeal.
''(d) Disposition of an Appeal. --
''(1) Informal disposition. --
''(A) In general. -- Subject to subparagraph (B), a designated
employee of the Forest Service shall offer to meet with each individual
who files an appeal in accordance with subsection (c) and attempt to
dispose of the appeal.
''(B) Time and location of the meeting. -- Each meeting in accordance
with subparagraph (A) shall take place --
''(i) not later than 15 days after the closing date for filing an
appeal; and
''(ii) at a location designated by the Chief of the Forest Service
that is in the vicinity of the lands affected by the decision.
''(2) Formal review. -- If the appeal is not disposed of in
accordance with paragraph (1), an appeals review officer designated by
the Chief of the Forest Service shall review the appeal and recommend in
writing, to the official responsible for deciding the appeal, the
appropriate disposition of the appeal. The official responsible for
deciding the appeal shall then decide the appeal. The appeals review
officer shall be a line officer at least at the level of the agency
official who made the initial decision on the project or activity that
is under appeal, who has not participated in the initial decision and
will not be responsible for implementation of the initial decision after
the appeal is decided.
''(3) Time for disposition. -- Disposition of appeals under this
subsection shall be completed not later than 30 days after the closing
date for filing of an appeal, provided that the Forest Service may
extend the closing date by an additional 15 days.
''(4) If the Secretary fails to decide the appeal within the 45-day
period, the decision on which the appeal is based shall be deemed to be
a final agency action for the purpose of chapter 7 of title 5, United
States Code.
''(e) Stay. -- Unless the Chief of the Forest Service determines that
an emergency situation exists with respect to a decision of the Forest
Service, implementation of the decision shall be stayed during the
period beginning on the date of the decision --
''(1) for 45 days, if an appeal is not filed, or
''(2) for an additional 15 days after the date of the disposition of
an appeal under this section, if the agency action is deemed final under
subsection (d)(4).''
16 USC 1613. Promulgation of regulations
TITLE 16 -- CONSERVATION
The Secretary of Agriculture shall prescribe such regulations as he
determines necessary and desirable to carry out the provisions of this
subchapter.
(Pub. L. 93-378, 15, as added Pub. L. 94-588, 11, Oct. 22, 1976, 90
Stat. 2958.)
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
1989c-6.
16 USC 1614. Severability
TITLE 16 -- CONSERVATION
If any provision of this subchapter or the application thereof to any
person or circumstances 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.
(Pub. L. 93-378, 16, as added Pub. L. 94-588, 11, Oct. 22, 1976, 90
Stat. 2958.)
16 USC SUBCHAPTER II -- RESEARCH
TITLE 16 -- CONSERVATION
16 USC 1641. Findings and purpose
TITLE 16 -- CONSERVATION
(a) Findings
(1) Congress finds that scientific discoveries and technological
advances must be made and applied to support the protection, management,
and utilization of the Nation's renewable resources. It is the purpose
of this subchapter to authorize the Secretary of Agriculture
(hereinafter in this subchapter referred to as the ''Secretary'') to
implement a comprehensive program of forest and rangeland renewable
resources research and dissemination of the findings of such research.
(2) Congress further finds that the forest and rangeland renewable
resources of the world are threatened by deforestation due to conversion
to agriculture of lands better suited to other uses, over-grazing,
over-harvesting, and other causes that pose a direct adverse threat to
people, the global environment, and the world economy.
(b) Relationship to other law
This subchapter shall be deemed to complement the policies and
direction set forth in the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.).
(c) Purpose
It is the purpose of this subchapter to authorize the Secretary to
expand research activities to encompass international forestry and
natural resource issues on a global scale.
(Pub. L. 95-307, 2, June 30, 1978, 92 Stat. 353; Pub. L. 101-513,
title VI, 611(a)(1), formerly 607(a)(1), Nov. 5, 1990, 104 Stat. 2072,
renumbered 611(a)(1), Pub. L. 102-574, 2(a)(1), Oct. 29, 1992, 106
Stat. 4593.)
This subchapter, referred to in text, was in the original ''this
Act'', meaning Pub. L. 95-307, June 2, 1978, 92 Stat. 353, as amended,
known as the Forest and Rangeland Renewable Resources Research Act of
1978, which enacted this subchapter, repealed sections 581 to 581i of
this title, and enacted provisions set out as a note under section 1641
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 Forest and Rangeland Renewable Resources Planning Act of 1974,
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 this chapter. For complete classification of this Act
to the Code, see Short Title note set out under section 1600 of this
title and Tables.
1990 -- Subsecs. (a), (c). Pub. L. 101-513 designated existing
provisions of subsec. (a) as par. (1), added par. (2), and added
subsec. (c).
Section 9 of Pub. L. 95-307 which provided that Pub. L. 95-307
(enacting this subchapter, repealing sections 581 to 581i of this title,
and enacting provisions set out as a note under section 1600 of this
title) is effective Oct. 1, 1978, was amended generally by Pub. L.
101-624 and is classified to section 1648 of this title.
For short title of Pub. L. 95-307, June 30, 1978, 92 Stat. 353, as
the Forest and Rangeland Renewable Resources Research Act of 1978, see
Short Title of 1978 Amendment note set out under section 1600 of this
title.
16 USC 1642. Investigations, experiments, tests, and other activities
TITLE 16 -- CONSERVATION
(a) Authorization; scope and purposes of activities
The Secretary is authorized to conduct, support, and cooperate in
investigations, experiments, tests, and other activities the Secretary
deems necessary to obtain, analyze, develop, demonstrate, and
disseminate scientific information about protecting, managing, and
utilizing forest and rangeland renewable resources in rural, suburban,
and urban areas. The activities conducted, supported, or cooperated in
by the Secretary under this subchapter shall include, but not be limited
to, the five major areas of renewable resource research identified in
paragraphs (1) through (5) of this subsection.
(1) Renewable resource management research shall include, as
appropriate, research activities related to managing, reproducing,
planting, and growing vegetation on forests and rangelands for timber,
forage, water, fish and wildlife, esthetics, recreation, wilderness,
energy production, activities related to energy conservation, and other
purposes, including activities for encouraging improved reforestation of
forest lands from which timber has been harvested; determining the role
of forest and rangeland management in the productive use of forests and
rangelands, in diversified agriculture, and in mining, transportation,
and other industries; and developing alternatives for the management of
forests and rangelands that will make possible the most effective use of
their multiple products and services.
(2) Renewable resource environmental research shall include, as
appropriate, research activities related to understanding and managing
surface and subsurface water flow, preventing and controlling erosion,
and restoring damaged or disturbed soils on forest and rangeland
watersheds; maintaining and improving wildlife and fish habitats;
managing vegetation to reduce air and water pollution, provide
amenities, and for other purposes; and understanding, predicting, and
modifying weather, climatic, and other environmental conditions that
affect the protection and management of forests and rangelands.
(3) Renewable resource protection research shall include, as
appropriate, research activities related to protecting vegetation and
other forest and rangeland resources, including threatened and
endangered flora and fauna, as well as wood and wood products in storage
or use, from fires, insects, diseases, noxious plants, animals, air
pollutants, and other agents through biological, chemical, and
mechanical control methods and systems; and protecting people, natural
resources, and property from fires in rural areas.
(4) Renewable resource utilization research shall include, as
appropriate, research activities related to harvesting, transporting,
processing, marketing, distributing, and utilizing wood and other
materials derived from forest and rangeland renewable resources;
recycling and fully utilizing wood fiber; producing and conserving
energy; and testing forest products, including necessary fieldwork
associated therewith.
(5) Renewable resource assessment research shall include, as
appropriate, research activities related to developing and applying
scientific knowledge and technology in support of the survey and
analysis of forest and rangeland renewable resources described in
subsection (b) of this section.
(b) Development of periodic Renewable Resource Assessment through
survey and analysis of conditions; implementation; authorization of
appropriations
(1) To ensure the availability of adequate data and scientific
information for development of the periodic Renewable Resource
Assessment provided for in section 1601 of this title, the Secretary of
Agriculture shall make and keep current a comprehensive survey and
analysis of the present and prospective conditions of and requirements
for renewable resources of the forests and rangelands of the United
States and of the supplies of such renewable resources, including a
determination of the present and potential productivity of the land, and
of such other facts as may be necessary and useful in the determination
of ways and means needed to balance the demand for and supply of these
renewable resources, benefits, and uses in meeting the needs of the
people of the United States. The Secretary shall conduct the survey and
analysis under such plans as the Secretary may determine to be fair and
equitable, and cooperate with appropriate officials of each State and,
either through them or directly, with private or other entities.
(2) In implementing this subsection, the Secretary is authorized to
develop and implement improved methods of survey and analysis of forest
inventory information, for which purposes there are hereby authorized to
be appropriated annually $10,000,000.
(c) Program of research and study relative to health and productivity
of domestic forest ecosystems; advisory committee; reports
(1) The Secretary, acting through the United States Forest Service,
shall establish not later than 180 days after October 24, 1988, a
10-year program (hereinafter in this subsection referred to as the
''Program'') to --
(A) increase the frequency of forest inventories in matters that
relate to atmospheric pollution and conduct such surveys as are
necessary to monitor long-term trends in the health and productivity of
domestic forest ecosystems;
(B) determine the scope of the decline in the health and productivity
of domestic forest ecosystems;
(C) accelerate and expand existing research efforts (including basic
forest ecosystem research) to evaluate the effects of atmospheric
pollutants on forest ecosystems and their role in the decline in
domestic forest health and productivity;
(D) study the relationship between atmospheric pollution and other
climatological, chemical, physical, and biological factors that may
affect the health and productivity of domestic forest ecosystems;
(E) develop recommendations for solving or mitigating problems
related to the effects of atmospheric pollution on the health and
productivity of domestic forest ecosystems;
(F) foster cooperation among Federal, State, and private researchers
and encourage the exchange of scientific information on the effects of
atmospheric pollutants on forest ecosystems among the United States,
Canada, European nations, and other nations;
(G) support the long-term funding of research programs and related
efforts to determine the causes of declines in the health and
productivity of domestic forest ecosystems and the effects of
atmospheric pollutants on the health and productivity of domestic forest
ecosystems; and
(H) enlarge the Eastern Hardwood Cooperative by devoting additional
resources to field analysis of the response of hardwood species to
atmospheric pollution, and other factors that may affect the health and
productivity of these ecosystems.
(2) The Secretary shall establish a committee to advise the Secretary
in developing and carrying out the Program, which shall be composed of
scientists with training and experience in various disciplines,
including atmospheric, ecological, and biological sciences. Such
scientists shall be selected from among individuals who are actively
performing research for Federal or State agencies or for private
industries, institutions, or organizations.
(3) The Secretary shall coordinate the Program with existing research
efforts of Federal and State agencies and private industries,
institutions, or organizations.
(4) The Secretary shall submit to the President and to Congress the
following reports:
(A) Not less than 30 days before establishing the Program, the
Secretary shall submit an initial program report --
(i) discussing existing information about declining health and
productivity of forest ecosystems on public and private lands in North
America and Europe;
(ii) outlining the findings and status of all current research and
monitoring efforts in North America and Europe on the causes and effects
of atmospheric pollution on the health and productivity of forest
ecosystems;
(iii) describing the Program; and
(iv) estimating the cost of implementing the Program for each fiscal
year of its duration.
(B) Not later than January 15, 1990, and January 15 of each year
thereafter, during which the Program is in operation following the year
in which the initial program report is submitted, the Secretary shall
submit an annual report --
(i) updating information about declining health and productivity of
forest ecosystems on public and private lands in North America and
Europe;
(ii) updating the findings and status of all current research and
monitoring efforts in North America and Europe on the causes and effects
of atmospheric pollution on the health and productivity of forest
ecosystems, including efforts conducted under the Program;
(iii) recommending additional research and monitoring efforts to be
undertaken under the Program to determine the effects of atmospheric
pollution on the health and productivity of domestic forest ecosystems;
and
(iv) recommending methods for solving or mitigating problems stemming
from the effects of atmospheric pollution on the health and productivity
of domestic forest ecosystems.
(C) Not later than 10 years after the date on which the initial
program report is submitted, the Secretary shall submit a final report
--
(i) reviewing existing information about declining health and
productivity of forest ecosystems on public and private lands in North
America and Europe;
(ii) reviewing the nature and findings of all research and monitoring
efforts conducted under the Program and any other relevant research and
monitoring efforts related to the effects of atmospheric pollution on
forest ecosystem; and
(iii) making final recommendations for solving or mitigating problems
stemming from the effects of atmospheric pollution on the health and
productivity of domestic forest ecosystems.
(d) Studies relative to problems associated with urban forests;
effects of Federal revenue codes on private forests; development of
improved delivery systems for information and technical assistance
provided to private landowners
The Secretary is authorized to conduct, support, and cooperate in
studies and other activities the Secretary deems necessary to --
(1) evaluate renewable resource management problems associated with
urban-forest interface;
(2) assess effects of changes in Federal revenue codes on private
forest management and investment; and
(3) develop improved delivery systems for information and technical
assistance provided to private landowners.
(Pub. L. 95-307, 3, June 30, 1978, 92 Stat. 353; Pub. L. 96-294,
title II, 254, June 30, 1980, 94 Stat. 707; Pub. L. 100-521, 3, Oct.
24, 1988, 102 Stat. 2601; Pub. L. 101-624, title XII, 1241(a), Nov.
28, 1990, 104 Stat. 3544.)
The Federal revenue codes, referred to in subsec. (d)(2), are
classified generally to Title 26, Internal Revenue Code.
1990 -- Subsec. (a)(1). Pub. L. 101-624, 1241(a)(1), inserted '',
including activities for encouraging improved reforestation of forest
lands from which timber has been harvested'' after ''purposes''.
Subsec. (b). Pub. L. 101-624, 1241(a)(2), designated existing
provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 101-624, 1241(a)(3), added subsec. (d).
1988 -- Subsec. (c). Pub. L. 100-521 added subsec. (c).
1980 -- Subsec. (a)(1). Pub. L. 96-294, 254(1), inserted
applicability to energy production and energy conservation activities.
Subsec. (a)(4). Pub. L. 96-294, 254(2), inserted applicability to
producing and conserving energy.
Section 1242 of Pub. L. 101-624 provided that:
''(a) Establishment. -- The Secretary of Agriculture shall make a
grant to a State for the establishment, within such State, of a center,
to be known as the 'Southern Forest Regeneration Center' (hereafter
referred to in this section as the 'Center'), to study forest
regeneration problems and forest productivity in the southern region of
the United States.
''(b) Duties of Center. -- The Center shall study forest regeneration
problems and forest productivity in the southern region of the United
States, including --
''(1) nursery management concerns that will lead to improved seedling
quality;
''(2) forest management practices that account for environmental
stresses; and
''(3) the development of low-cost forest regeneration methods that
provide options for wood products, species diversity, wildlife habitat,
and production of clean air and water.
''(c) Establishment of Other Programs. -- The Secretary of
Agriculture may establish other programs in other regions of the United
States, or a comprehensive National program, to carry out the purposes
of this section as the Secretary determines appropriate.
''(d) Authorization of Appropriations. -- There are authorized to be
appropriated such sums as may be necessary to carry out this section.''
Section 1243 of Pub. L. 101-624 provided that:
''(a) Semiarid Agroforestry Research, Development, and Demonstration
Center. -- The Secretary of Agriculture shall establish at the Forestry
Sciences Laboratory of the United States Forest Service, in Lincoln,
Nebraska, a Semiarid Agroforestry Research, Development, and
Demonstration Center (hereafter referred to in this section as the
'Center') and appoint a Director to manage and coordinate the program
established at the Center under subsection (b).
''(b) Program. -- The Secretary shall establish a program at the
Center and seek the participation of Federal or State governmental
entities, land-grant colleges or universities, State agricultural
experiment stations, State and private foresters, the National Arbor Day
Foundation, and other nonprofit foundations in such program to conduct
or assist research, investigations, studies, and surveys to --
''(1) develop sustainable agroforestry systems on semiarid lands that
minimize topsoil loss and water contamination and stabilize or enhance
crop productivity;
''(2) adapt, demonstrate, document, and model the effectiveness of
agroforestry systems under different farming systems and soil or climate
conditions;
''(3) develop dual use agroforestry systems compatible with
paragraphs (1) and (2) which would provide high-value forestry products
for commercial sale from semiarid land;
''(4) develop and improve the drought and pest resistance
characteristics of trees for conservation forestry and agroforestry
applications in semiarid regions, including the introduction and
breeding of trees suited for the Great Plains region of the United
States;
''(5) develop technology transfer programs that increase farmer and
public acceptance of sustainable agroforestry systems;
''(6) develop improved windbreak and shelterbelt technologies for
drought preparedness, soil and water conservation, environmental
quality, and biological diversity on semiarid lands;
''(7) develop technical and economic concepts for sustainable
agroforestry on semiarid lands, including the conduct of economic
analyses of the costs and benefits of agroforestry systems and the
development of models to predict the economic benefits under soil or
climate conditions;
''(8) provide international leadership in the development and
exchange of agroforestry practices on semiarid lands worldwide;
''(9) support research on the effects of agroforestry systems on
semiarid lands in mitigating nonpoint source water pollution;
''(10) support research on the design, establishment, and maintenance
of tree and shrub plantings to regulate the deposition of snow along
roadways; and
''(11) conduct sociological, demographic, and economic studies as
needed to develop strategies for increasing the use of forestry
conservation and agroforestry practices.
''(c) Information Collection and Dissemination. -- The Secretary
shall establish at the Center a program, to be known as the National
Clearinghouse on Agroforestry Conservation and Promotion to --
''(1) collect, analyze, and disseminate information on agroforestry
conservation technologies and practices; and
''(2) promote the use of such information by landowners and those
organizations associated with forestry and tree promotion.
''(d) Authorization of Appropriations. -- There are authorized to be
appropriated $5,000,000 annually to carry out this section.''
Section 2 of Pub. L. 100-521 provided that: ''Congress finds that
--
''(1) the health and productivity of forests in certain regions of
the United States are declining;
''(2) there is a special concern about the decline of certain
hardwood species, particularly sugar maples and oaks, in the eastern
United States and the effects of atmospheric pollutants on the health
and productivity of these forests;
''(3) declines in the productivity of certain commercially important
Southern pine species have been measured;
''(4) existing research indicates that atmospheric pollution,
including ozone, acidic deposition, and heavy metals, may contribute to
this decline;
''(5) there is an urgent need to expand and better coordinate
existing Federal, State, and private research, including research by
private industry, to determine the cause of changes in the health and
productivity of domestic forest ecosystems and to monitor and evaluate
the effects of atmospheric pollutants on such ecosystems; and
''(6) such research and monitoring should not impede efforts to
control atmospheric pollutants.''
16 USC 1643. Implementation of provisions
TITLE 16 -- CONSERVATION
(a) Establishment and maintenance of research facilities;
acquisition, expenditures, etc., for property
In implementing this subchapter, the Secretary is authorized to
establish and maintain a system of experiment stations, research
laboratories, experimental areas, and other forest and rangeland
research facilities. The Secretary is authorized, with donated or
appropriated funds, to acquire by lease, donation, purchase, exchange,
or otherwise, land or interests in land within the United States needed
to implement this subchapter, to make necessary expenditures to examine,
appraise, and survey such property, and to do all things incident to
perfecting title thereto in the United States.
(b) Acceptance, holding, and administration of gifts, donations, and
bequests; use and investment of gifts, proceeds, etc.; funding
requirements
In implementing this subchapter, the Secretary is authorized to
accept, hold, and administer gifts, donations, and bequests of money,
real property, or personal property from any source not otherwise
prohibited by law and to use such gifts, donations, and bequests to (1)
establish or operate any forest and rangeland research facility within
the United States, or (2) perform any forest and rangeland renewable
resource research activity authorized by this subchapter. Such gifts,
donations, and bequests, or the proceeds thereof, and money appropriated
for these purposes shall be deposited in the Treasury in a special fund.
At the request of the Secretary, the Secretary of the Treasury may
invest or reinvest any money in the fund that in the opinion of the
Secretary is not needed for current operations. Such investments shall
be in public debt securities with maturities suitable for the needs of
the fund and bearing interest at prevailing market rates. There are
hereby authorized to be expended from such fund such amounts as may be
specified in annual appropriation Acts, which shall remain available
until expended.
(c) Cooperation with international, Federal, State, and other
governmental agencies, public and private agencies, etc.; funding
requirements for contributions from cooperators
In implementing this subchapter, the Secretary may cooperate with
international, Federal, State, and other governmental agencies, with
public or private agencies, institutions, universities, and
organizations, and with businesses and individuals in the United States
and in other countries. The Secretary may receive money and other
contributions from cooperators under such conditions as the Secretary
may prescribe. Any money contributions received under this subsection
shall be credited to the applicable appropriation or fund to be used for
the same purposes and shall remain available until expended as the
Secretary may direct for use in conducting research activities
authorized by this subchapter and in making refunds to contributors.
(Pub. L. 95-307, 4(a)-(c), June 30, 1978, 92 Stat. 354, 355; Pub.
L. 101-513, title VI, 611(a)(2), formerly 607(a)(2), Nov. 5, 1990, 104
Stat. 2072, renumbered 611(a)(2), Pub. L. 102-574, 2(a)(1), Oct. 29,
1992, 106 Stat. 4593.)
1990 -- Subsec. (c). Pub. L. 101-513, which directed amendment of
''the first section of'' this subsection by inserting ''international,''
before ''Federal'', was executed by making the insertion in the first
sentence of this subsection to reflect the probable intent of Congress.
16 USC 1644. Competitive grants; scope and purposes; prerequisites
TITLE 16 -- CONSERVATION
In addition to any grants made under other laws, the Secretary is
authorized to make competitive grants that will further research
activities authorized by this subchapter to Federal, State, and other
governmental agencies, public or private agencies, institutions,
universities, and organizations, and businesses and individuals in the
United States. In making these grants, the Secretary shall emphasize
basic and applied research activities that are important to achieving
the purposes of this subchapter, and shall obtain, through review by
qualified scientists and other methods, participation in research
activities by scientists throughout the United States who have expertise
in matters related to forest and rangeland renewable resources. Grants
under this section shall be made at the discretion of the Secretary
under whatever conditions the Secretary may prescribe, after publicly
soliciting research proposals, allowing sufficient time for submission
of the proposals, and considering qualitative, quantitative, financial,
administrative, and other factors that the Secretary deems important in
judging, comparing, and accepting the proposals. The Secretary may
reject any or all proposals received under this section if the Secretary
determines that it is in the public interest to do so.
(Pub. L. 95-307, 5, June 30, 1978, 92 Stat. 355.)
16 USC 1645. General provisions
TITLE 16 -- CONSERVATION
(a) Availability of funds to cooperators and grantees
The Secretary may make funds available to cooperators and grantees
under this subchapter without regard to the provisions of section
3324(a) and (b) of title 31, which prohibits advances of public money.
(b) Coordination of cooperative aid and grants with other aid and
grant authorities
To avoid duplication, the Secretary shall coordinate cooperative aid
and grants under this subchapter with cooperative aid and grants the
Secretary makes under any other authority.
(c) Dissemination of knowledge and technology developed from research
activities; cooperation with specified entities
The Secretary shall use the authorities and means available to the
Secretary to disseminate the knowledge and technology developed from
research activities conducted under or supported by this subchapter. In
meeting this responsibility, the Secretary shall cooperate, as the
Secretary deems appropriate, with the entities identified in subsection
(d)(3) of this section and with others.
(d) Additional implementative authorities
In implementing this subchapter, the Secretary, as the Secretary
deems appropriate and practical, shall --
(1) use, and encourage cooperators and grantees to use, the best
available scientific skills from a variety of disciplines within and
outside the fields of agriculture and forestry;
(2) seek, and encourage cooperators and grantees to seek, a proper
mixture of short-term and long-term research and a proper mixture of
basic and applied research;
(3) avoid unnecessary duplication and coordinate activities under
this section among agencies of the Department of Agriculture and with
other affected Federal departments and agencies, State agricultural
experiment stations, State extension services, State foresters or
equivalent State officials, forestry schools, and private research
organizations; and
(4) encourage the development, employment, retention, and exchange of
qualified scientists and other specialists through postgraduate,
postdoctoral, and other training, national and international exchange of
scientists, and other incentives and programs to improve the quality of
forest and rangeland renewable resources research.
(e) Construction of statutory provisions
This subchapter shall be construed as supplementing all other laws
relating to the Department of Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary
except as specifically cited in this subchapter.
(f) Definitions
For the purposes of this subchapter, the terms ''United States'' and
''State'' shall include each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the
United States, the Commonwealth of the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and the territories and
possessions of the United States.
(Pub. L. 95-307, 6, June 30, 1978, 92 Stat. 355.)
In subsec. (a), ''section 3324(a) and (b) of title 31'' substituted
for ''section 3648 of the Revised Statutes (31 U.S.C. 529)'' 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.
16 USC 1646. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated annually such sums as may be
needed to implement this subchapter. Funds appropriated under this
subchapter shall remain available until expended.
(Pub. L. 95-307, 7, June 30, 1978, 92 Stat. 356.)
16 USC 1647. Other Federal programs
TITLE 16 -- CONSERVATION
(a) Repeal of statutory authorities relating to investigation,
experiments, and tests in reforestation and forest products
The Act of May 22, 1928, known as the McSweeney-McNary Act (45 Stat.
699-702, as amended; 16 U.S.C. 581, 581a, 581b-581i), is hereby
repealed.
(b) Force and effect of cooperative and other agreements under
repealed statutory authorities relating to investigation, etc., in
reforestation and forest products
Contracts and cooperative and other agreements under the
McSweeney-McNary Act shall remain in effect until revoked or amended by
their own terms or under other provisions of law.
(c) Issuance of rules and regulations for implementation of
provisions and coordination with agricultural research, extension, and
teaching provisions
The Secretary is authorized to issue such rules and regulations as
the Secretary deems necessary to implement the provisions of this
subchapter and to coordinate this subchapter with title XIV of the Food
and Agriculture Act of 1977 (7 U.S.C. 3101 et seq.).
(d) Availability of funds appropriated under repealed statutory
authorities relating to investigation, etc., in reforestation and forest
products
Funds appropriated under the authority of the McSweeney-McNary Act
shall be available for expenditure for the programs authorized under
this subchapter.
(Pub. L. 95-307, 8, June 30, 1978, 92 Stat. 356.)
The Food and Agriculture Act of 1977, referred to in subsec. (c), is
Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title XIV
of the Food and Agriculture Act of 1977, known as the ''National
Agricultural Research, Extension, and Teaching Policy Act of 1977'', is
classified principally to chapter 64 ( 3101 et seq.) of Title 7,
Agriculture. For complete classification of this title to the Code, see
Short Title note set out under section 3101 of Title 7 and Tables.
16 USC 1648. Recycling research
TITLE 16 -- CONSERVATION
(a) Findings
Congress finds that --
(1) the United States is amassing vast amounts of solid wastes, which
is presenting an increasing problem for municipalities in locating
suitable disposal sites;
(2) a large proportion of these wastes consists of paper and other
wood wastes;
(3) less than one-third of these paper and wood wastes are recycled;
(4) additional recycling would result in reduced solid waste landfill
disposal and would contribute to a reduced rate of removal of standing
timber from forest lands; and
(5) additional research is needed to develop technological advances
to address barriers to increased recycling of paper and wood wastes and
utilization of products consisting of recycled materials.
(b) Recycling research program
The Secretary is authorized to conduct, support, and cooperate in an
expanded wood fiber recycling research program, including the
acquisition of necessary equipment. The Secretary shall seek to ensure
that the program includes the cooperation and support of private
industry and that program goals include the application of such research
to industry and consumer needs.
(c) Authorization of appropriations
In addition to any other funds made available to implement section
1642 of this title, for the 5-year period beginning on October 1, 1990,
there are authorized to be appropriated annually $10,000,000 to
implement this section.
(Pub. L. 95-307, 9, as added Pub. L. 101-624, title XII, 1241(b),
Nov. 28, 1990, 104 Stat. 3544.)
A prior section 9 of Pub. L. 95-307, June 30, 1978, 92 Stat. 357,
which provided the effective date for Pub. L. 95-307, was set out as a
note under section 1641 of this title prior to general amendment by Pub.
L. 101-624.
16 USC 1649. Forestry Student Grant Program
TITLE 16 -- CONSERVATION
(a) Establishment
The Secretary shall establish a program, to be known as the
''Forestry Student Grant Program'' (hereafter referred to in this
section as the ''Program''), to provide assistance to expand the
professional education of forestry, natural resources, and environmental
scientists.
(b) Student grants
Under the Program the Secretary shall provide assistance for the
establishment of a competitive grant fellowship program to assist
graduate, and undergraduate minority and female, students attending
institutions having programs in forestry and natural resources.
(c) Eligibility
The Secretary shall ensure that students concentrating in the
following studies shall be eligible for assistance under subsection (b)
of this section:
(1) Forestry.
(2) Biology and forest organisms.
(3) Ecosystem function and management.
(4) Human-forest interaction.
(5) International trade, competition, and cooperation.
(6) Wood as a raw material.
(7) Economics and policy.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary
to carry out this section.
(Pub. L. 95-307, 10, as added Pub. L. 101-624, title XII, 1252,
Nov. 28, 1990, 104 Stat. 3553.)
16 USC SUBCHAPTER III -- EXTENSION PROGRAMS
TITLE 16 -- CONSERVATION
16 USC 1671. Congressional statement of findings
TITLE 16 -- CONSERVATION
Congress finds that --
(1) the extension program of the Department of Agriculture and the
extension activities of each State provide useful and productive
educational programs for private forest and range landowners and
processors and consumptive and nonconsumptive users of forest and
rangeland renewable resources, and these educational programs complement
research and assistance programs conducted by the Department of
Agriculture;
(2) to meet national goals, it is essential that all forest and
rangeland renewable resources (hereinafter in this subchapter referred
to as ''renewable resources''), including fish and wildlife, forage,
outdoor recreation opportunities, timber, and water, be fully considered
in designing educational programs for landowners, processors, and users;
(3) more efficient utilization and marketing of renewable resources
extend available supplies of such resources, provide products to
consumers at prices less than they would otherwise be, and promote
reasonable returns on the investments of landowners, processors, and
users;
(4) trees and forests in urban areas improve the esthetic quality,
reduce noise, filter impurities from the air and add oxygen to it, save
energy by moderating temperature extremes, control wind and water
erosion, and provide habitat for wildlife; and
(5) trees and shrubs used as shelterbelts protect farm lands from
wind and water erosion, promote moisture accumulation in the soil, and
provide habitat for wildlife.
(Pub. L. 95-306, 2, June 30, 1978, 92 Stat. 349.)
For termination of subchapter by section 8 of Pub. L. 95-306, see
Effective and Termination Dates note below.
Section 8 of Pub. L. 95-306, as amended by Pub. L. 100-231, 2(2),
Jan. 5, 1988, 101 Stat. 1565, provided that: ''The provisions of this
Act (enacting this subchapter and provision set out as a note under
section 1600 of this title) shall be effective for the period beginning
October 1, 1978, and ending September 30, 2000.''
For short title of Renewable Resources Extension Act of 1978, see
Short Title of 1978 Amendment note set out under section 1600 of this
title.
16 USC 1672. General program authorization
TITLE 16 -- CONSERVATION
(a) Types of programs; preconditions and cooperation with State
program directors, etc.
The Secretary of Agriculture (hereinafter in this subchapter referred
to as the ''Secretary''), under conditions the Secretary may prescribe
and in cooperation with the State directors of cooperative extension
service programs and eligible colleges and universities, shall --
(1) provide educational programs that enable individuals to
recognize, analyze, and resolve problems dealing with renewable
resources, including forest- and range-based outdoor recreation
opportunities, trees and forests in urban areas, and trees and shrubs in
shelterbelts;
(2) use educational programs to disseminate the results of research
on renewable resources;
(3) conduct educational programs that transfer the best available
technology to those involved in the management and protection of forests
and rangelands and the processing and use of their associated renewable
resources;
(4) develop and implement educational programs that give special
attention to the educational needs of small, private nonindustrial
forest landowners;
(5) develop and implement educational programs in range and fish and
wildlife management;
(6) assist in providing continuing education programs for
professionally trained individuals in fish and wildlife, forest, range,
and watershed management and related fields;
(7) help forest and range landowners in securing technical and
financial assistance to bring appropriate expertise to bear on their
problems;
(8) help identify areas of needed research regarding renewable
resources;
(9) in cooperation with State foresters or equivalent State
officials, promote public understanding of the energy conservation,
economic, social, environmental, and psychological values of trees and
open space in urban and community area environments and expand knowledge
of the ecological relationships and benefits of trees and related
resources in urban and community environments; and
(10) conduct a comprehensive natural resource and environmental
education program for landowners and managers, public officials, and the
public, with particular emphasis on youth.
(b) ''Eligible colleges and universities'' defined
As used in this subchapter, the term ''eligible colleges and
universities'' means colleges and universities eligible to be supported
and maintained, in whole or in part, with funds made available under the
provisions of the Act of July 2, 1862 (12 Stat. 503-505, as amended; 7
U.S.C. 301-305, 307, 308), and the Act of August 30, 1890 (26 Stat.
417-419, as amended; 7 U.S.C. 321-326, 328), including Tuskegee
Institute, and colleges and universities eligible for assistance under
the Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C.
582a, 582a-1 -- 582a-7).
(c) Use of appropriate educational methods required; scope of
methods
In implementing this section, all appropriate educational methods may
be used, including, but not limited to, meetings, short courses,
workshops, tours, demonstrations, publications, news releases, and radio
and television programs.
(Pub. L. 95-306, 3, June 30, 1978, 92 Stat. 349; Pub. L. 101-624,
title XII, 1219(b)(1), 1251(b), Nov. 28, 1990, 104 Stat. 3538, 3552;
Pub. L. 102-237, title X, 1018(d), Dec. 13, 1991, 105 Stat. 1905.)
Act of July 2, 1862 (12 Stat. 503-505, as amended; 7 U.S.C.
301-305, 307, 308), referred to in subsec. (b), is act July 2, 1862,
ch. 130, 12 Stat. 503, as amended, popularly known as the Morrill Act
and also as the First Morrill Act, which is classified generally to
subchapter I ( 301 et seq.) of chapter 13 of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title note
set out under section 301 of Title 7 and Tables.
Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C.
321-326, 328), referred to in subsec. (b), is act Aug. 30, 1890, ch.
841, 26 Stat. 417, as amended, popularly known as the Agricultural
College Act of 1890 and also as the Second Morrill Act, which is
classified generally to subchapter II ( 321 et seq.) of chapter 13 of
Title 7. For complete classification of this Act to the Code, see Short
Title note set out under section 321 of Title 7 and Tables.
Act of October 10, 1962 (76 Stat. 806-807, as amended), referred to
in subsec. (b), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as
amended, known as the McIntire-Stennis Act of 1962, which is classified
generally to subchapter III ( 582a et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 582a of this title and Tables.
1991 -- Subsec. (a)(8) to (10). Pub. L. 102-237 struck out ''and''
at end of par. (8), substituted ''; and'' for period at end of par.
(9), and redesignated par. (9), relating to education program, as (10).
1990 -- Subsec. (a)(9). Pub. L. 101-624, 1251(b), added par. (9)
relating to education programs for landowners, managers, public
officials, and the public.
Pub. L. 101-624, 1219(b)(1), added par. (9) relating to promotion
of public understanding of energy conservation, economic, social,
environmental, and psychological values of trees and open space in urban
and community environments.
16 USC 1673. State programs
TITLE 16 -- CONSERVATION
(a) Development by State program director, etc., of comprehensive and
coordinated program by mutual agreement; consultations; review
procedure
The State director of cooperative extension programs (hereinafter in
this subchapter referred to as the ''State director'') and the
administrative heads of extension for eligible colleges and universities
in each State shall jointly develop, by mutual agreement, a single
comprehensive and coordinated renewable resources extension program in
which the role of each eligible college and university is well-defined.
In meeting this responsibility, the State director and the
administrative heads of extension for eligible colleges and universities
shall consult and seek agreement with the administrative technical
representatives and the forestry representatives provided for by the
Secretary in implementation of the Act of October 10, 1962 (76 Stat.
806-807, as amended; 16 U.S.C. 582a, 582a-1 -- 582a-7), in the State.
Each State's renewable resources extension program shall be submitted to
the Secretary annually. The National Agricultural Research and
Extension Users Advisory Board established under section 3123 of title 7
shall review and make recommendations to the Secretary pertaining to
programs conducted under this subchapter.
(b) Encouragement by State director, etc., of cooperation between
county and State extension staffs and appropriate Federal and State
agencies and organizations
The State director and the administrative heads of extension for
eligible colleges and universities in each State shall encourage close
cooperation between extension staffs at the county and State levels, and
State and Federal research organizations dealing with renewable
resources, State and Federal agencies that manage forests and rangelands
and their associated renewable resources, State and Federal agencies
that have responsibilities associated with the processing or use of
renewable resources, and other agencies or organizations the State
director and administrative heads of extension deem appropriate.
(c) Administration and coordination of program by State director;
exception
Each State renewable resources extension program shall be
administered and coordinated by the State director, except that, in
States having colleges eligible to receive funds under the Act of August
30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326, 328),
including Tuskegee Institute, the State renewable resources extension
program shall be administered by the State director and the
administrative head or heads of extension for the college or colleges
eligible to receive such funds.
(d) Appointment and use of advisory committees by State director,
etc.; composition of advisory committees
In meeting the provisions of this section, each State director and
administrative heads of extension for eligible colleges and universities
shall appoint and use one or more advisory committees comprised of
forest and range landowners, professionally trained individuals in fish
and wildlife, forest, range, and watershed management, and related
fields, as appropriate, and other suitable persons.
(e) ''State'' defined
For the purposes of this subchapter, the term ''State'' means any one
of the fifty States, the Commonwealth of Puerto Rico, Guam, the District
of Columbia, and the Virgin Islands of the United States.
(Pub. L. 95-306, 4, June 30, 1978, 92 Stat. 350.)
Act of October 10, 1962 (76 Stat. 806-807, as amended), referred to
in subsec. (a), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as
amended, known as the McIntire-Stennis Act of 1962, which is classified
generally to subchapter III ( 582a et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 582a of this title and Tables.
Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C.
321-326, 328), referred to in subsec. (c), is act Aug. 30, 1890, ch.
841, 26 Stat. 417, as amended, popularly known as the Agricultural
College Act of 1890 and also as the Second Morrill Act, which is
classified generally to subchapter II ( 321 et seq.) of chapter 13 of
Title 7, Agriculture. For complete classification of this Act to the
Code, see Short Title note set out under section 321 of Title 7 and
Tables.
16 USC 1674. Renewable Resources Extension Program plan
TITLE 16 -- CONSERVATION
(a) Preparation and submission to Congress; purposes; contents
The Secretary shall prepare a five-year plan for implementing this
subchapter, which is to be called the ''Renewable Resources Extension
Program'' and shall submit such plan to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate no later than the last day of the
first half of the fiscal year ending September 30, 1980, and the last
day of the first half of each fifth fiscal year thereafter. The
Renewable Resources Extension Program shall provide national emphasis
and direction as well as guidance to State directors and administrative
heads of extension for eligible colleges and universities in the
development of their respective State renewable resources extension
programs, which are to be appropriate in terms of the conditions, needs,
and opportunities in each State. The Renewable Resources Extension
Program shall contain, but not be limited to, brief outlines of general
extension programs for fish and wildlife management (for both game and
nongame species), range management, timber management (including brief
outlines of general extension programs for timber utilization, timber
harvesting, timber marketing, wood utilization, and wood products
marketing), and watershed management (giving special attention to water
quality protection), as well as brief outlines of general extension
programs for recognition and enhancement of forest- and range-based
outdoor recreation opportunities, for urban and community forestry
activities, and for planting and management of trees and shrubs in
shelterbelts, and give special attention to water quality protection and
natural resource and environmental education for landowners and
managers, public officials, and the public.
(b) Considerations governing preparation
In preparing the Renewable Resources Extension Program, the Secretary
shall take into account the respective capabilities of private forests
and rangelands for yielding renewable resources and the relative needs
for such resources identified in the periodic Renewable Resource
Assessment provided for in section 1601 of this title and the periodic
appraisal of land and water resources provided for in section 2004 of
this title.
(c) Annual report to Congress
To provide information that will aid Congress in its oversight
responsibilities and to provide accountability in implementing this
subchapter, the Secretary shall prepare an annual report, which shall be
furnished to Congress at the time of submission of each annual fiscal
budget, beginning with the annual fiscal budget for the fiscal year
ending September 30, 1981. The annual report shall set forth
accomplishments of the Renewable Resources Extension Program, its
strengths and weaknesses, recommendations for improvement, and costs of
program administration, each with respect to the preceding fiscal year.
(d) Review of activities and evaluation of progress
To assist Congress and the public in evaluating the Renewable
Resources Extension Program, the program shall include a review of
activities undertaken in response to the preceding five-year plan and an
evaluation of the progress made toward accomplishing the goals and
objectives set forth in such preceding plan. Such review and evaluation
shall be displayed in the program, for the Nation as a whole, and for
each State.
(Pub. L. 95-306, 5, June 30, 1978, 92 Stat. 351; Pub. L. 100-231,
3, Jan. 5, 1988, 101 Stat. 1565; Pub. L. 101-624, title XII,
1219(b)(2), 1251(c), Nov. 28, 1990, 104 Stat. 3539, 3553.)
1990 -- Subsec. (a). Pub. L. 101-624, 1251(c), inserted before
period at end '', and give special attention to water quality protection
and natural resource and environmental education for landowners and
managers, public officials, and the public''.
Pub. L. 101-624, 1219(b)(2), substituted ''for urban and community
forestry activities'' for ''for planting and management of trees and
forests in urban areas''.
1988 -- Subsec. (a). Pub. L. 100-231, 3(1), substituted ''the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate'' for
''Congress''.
Subsec. (d). Pub. L. 100-231, 3(2), added subsec. (d).
16 USC 1674a. Expanded programs
TITLE 16 -- CONSERVATION
(a) In general
The Secretary, acting through the Extension Service and the State
cooperative extension services, and in consultation with State foresters
or equivalent State officials, school boards, and universities, shall
expand forestry and natural resources education programs conducted under
this subchapter for private forest owners and managers, public
officials, youth, and the general public, and shall include guidelines
for the transfer of technology.
(b) Activities
(1) In general
In expanding the programs conducted under this subchapter, the
Secretary shall ensure that activities are undertaken to promote
policies and practices that enhance the health, vitality, productivity,
economic value, and environmental attributes of the forest lands of the
United States.
(2) Types
The activities referred to in paragraph (1) shall include --
(A) demonstrating and teaching landowners and forest managers the
concepts of multiple-use and sustainable natural resource management;
(B) conducting comprehensive environmental education programs that
assist citizens to participate in environmentally positive activities
such as tree planting, recycling, erosion prevention, and waste
management; and
(C) educational programs and materials that will improve the capacity
of schools, local governments and resource agencies to deliver forestry
and natural resources information to young people, environmentally
concerned citizens, and action groups.
(Pub. L. 95-306, 5A, as added Pub. L. 101-624, title XII, 1251(a),
Nov. 28, 1990, 104 Stat. 3552.)
16 USC 1675. Authorization of appropriations; criteria for
eligibility of States for funds
TITLE 16 -- CONSERVATION
There are authorized to be appropriated to implement this subchapter
$15,000,000 for the fiscal year ending September 30, 1988, and
$15,000,000 for each of the next twelve fiscal years. Generally, States
shall be eligible for funds appropriated under this subchapter according
to the respective capabilities of their private forests and rangelands
for yielding renewable resources and relative needs for such resources
identified in the periodic Renewable Resource Assessment provided for in
section 1601 of this title and the periodic appraisal of land and water
resources provided for in section 2004 of this title.
(Pub. L. 95-306, 6, June 30, 1978, 92 Stat. 352; Pub. L. 100-231,
2(1), Jan. 5, 1988, 101 Stat. 1565.)
1988 -- Pub. L. 100-231 amended first sentence generally,
substituting ''1988'' for ''1979'' and ''twelve'' for ''nine''.
16 USC 1676. Issuance of rules and regulations for implementation of
provisions and coordination with agricultural, research, extension, and
teaching provisions
TITLE 16 -- CONSERVATION
The Secretary is authorized to issue such rules and regulations as
the Secretary deems necessary to implement the provisions of this
subchapter and to coordinate this subchapter with title XIV of the Food
and Agriculture Act of 1977 (7 U.S.C. 3101 et seq.).
(Pub. L. 95-306, 7, June 30, 1978, 92 Stat. 352.)
The Food and Agriculture Act of 1977, referred to in text, is Pub.
L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title XIV of the
Food and Agriculture Act of 1977, known as the ''National Agricultural
Research, Extension, and Teaching Policy Act of 1977'', is classified
principally to chapter 64 ( 3101 et seq.) of Title 7, Agriculture. For
complete classification of this title to the Code, see Short Title note
set out under section 3101 of Title 7 and Tables.
16 USC SUBCHAPTER IV -- WOOD RESIDUE UTILIZATION
TITLE 16 -- CONSERVATION
16 USC 1681. Congressional statement of purpose
TITLE 16 -- CONSERVATION
The purpose of this subchapter is to develop, demonstrate, and make
available information on feasible methods that have potential for
commercial application to increase and improve utilization, in
residential, commercial, and industrial or powerplant applications, of
wood residues resulting from timber harvesting and forest protection and
management activities occurring on public and private forest lands, and
from the manufacture of forest products, including woodpulp.
(Pub. L. 96-554, 2, Dec. 19, 1980, 94 Stat. 3257.)
Section 9 of Pub. L. 96-554 provided that: ''This Act (enacting
this subchapter and enacting a provision set out as a note under section
1600 of this title) shall become effective October 1, 1981''.
For short title of Pub. L. 96-554, Dec. 19, 1980, 94 Stat. 3257,
as the Wood Residue Utilization Act of 1980, see Short Title of 1980
Amendment note set out under section 1600 of this title.
16 USC 1682. Pilot projects and demonstrations
TITLE 16 -- CONSERVATION
(a) Establishment, implementation
The Secretary may establish pilot projects and demonstrations to
carry out the purposes of this subchapter. The pilot projects and
demonstrations established under this section (1) may be operated by the
Secretary; or (2) may be carried out through contracts or agreements
with owners of private forest lands or other persons, or in conjunction
with projects, contracts, or agreements entered into under any other
authority which the Secretary may possess: Provided, That nothing
contained in this subchapter shall abrogate or modify provisions of
existing contracts or agreements, including contracts or agreements for
the sale of national forest timber, except to the extent such changes
are mutually agreed to by the parties to such contracts or agreements.
(b) Scope; residue removal credits
Pilot projects and demonstrations carried out under this section may
include, but are not limited to (1) establishment and operation of
utilization demonstration areas; (2) establishment and operation of
fuel wood concentration and distribution centers; and (3) construction
of access roads needed to facilitate wood residue utilization:
Provided, That residue removal credits may be utilized by the Secretary
only as provided in section 1683 of this title.
(Pub. L. 96-554, 3, Dec. 19, 1980, 94 Stat. 3257.)
16 USC 1683. Pilot projects; requirements; residue removal credits
as compensation; implementation guidelines
TITLE 16 -- CONSERVATION
The Secretary may carry out pilot wood residue utilization projects
under which purchasers of National Forest System timber under contracts
awarded prior to October 1, 1986, may, except as otherwise provided in
this section, be required to remove wood residues not purchased by them
to points of prospective use in return for compensation in the form of
''residue removal credits.'' Such projects may be carried out where the
Secretary identifies situations in which pilot wood residue utilization
projects on the National Forest system can provide important information
on various methods and approaches to increasing the utilization, in
residential, commercial, and industrial or powerplant applications, of
wood residues and where such information cannot reasonably be obtained
unless the pilot projects are done in conjunction with normal National
Forest timber sale activities. The residue removal credits shall be
applied against the amount payable for the timber purchased and shall
represent the anticipated cost of removal of wood residues. The
following guidelines shall apply to projects carried out under this
section:
(1) Except in cases where wood residue removal is determined to be
necessary for fire prevention, site preparation for regeneration,
wildlife habitat improvement, or other land management purposes, the
Secretary may not provide for removal of wood residues in instances
where the anticipated cost of removal would exceed the anticipated
value.
(2) The residue removal credits authorized by this section shall not
exceed the amount payable by the purchaser for timber after the
application of all other designated charges and credits.
(3) The Secretary may sell the wood residues removed to points of
prospective use for not less than their appraised value.
(4) Pilot projects, demonstrations, and other programs established
pursuant to this subchapter shall be carried out in a manner which does
not result in an adverse effect on the furnishing of timber, free of
charge, under any other provision of law.
(5) Wood residues shall be collected from a site so as to avoid soil
depletion or erosion giving full consideration to the protection of
wildlife habitat.
(6) For the purposes of section 500 of this title, (A) any residue
removal credit applied under this section shall be considered as ''money
received'' or ''moneys received'', respectively, and (B) the ''money
received'' or ''moneys received'', respectively, from the sales of wood
residues removed to points of prospective use shall be the proceeds of
the sales less the sum of any residue removal credit applied with
respect to such residues plus any costs incurred by the Forest Service
in processing and storing such residues.
(Pub. L. 96-554, 4, Dec. 19, 1980, 94 Stat. 3257.)
16 USC 1684. Annual reports
TITLE 16 -- CONSERVATION
This Secretary shall make annual reports to the Congress on the
programs authorized by this subchapter. These reports shall be
submitted with the reports required under section 1606(c) of this title.
(Pub. L. 96-554, 5, Dec. 19, 1980, 94 Stat. 3258.)
16 USC 1685. Regulations
TITLE 16 -- CONSERVATION
The Secretary shall issue such regulations as the Secretary deems
necessary to implement the provisions of this subchapter.
(Pub. L. 96-554, 6, Dec. 19, 1980, 94 Stat. 3258.)
16 USC 1686. Definitions
TITLE 16 -- CONSERVATION
For purposes of this subchapter, the term:
(1) ''Anticipated cost of removal'' means the projected cost of
removal of wood residues from timber sales areas to points of
prospective use, as determined by the Secretary at the time of
advertisement of the timber sales contract in accordance with
appropriate appraisal and sale procedures.
(2) ''Anticipated value'' means the projected value of wood residues
as fuel or other merchantable wood products, as determined by the
Secretary at the time of advertisement of the timber sales contract in
accordance with appropriate appraisal and sale procedures.
(3) ''Points of prospective use'' means the locations where the wood
residues are sold or otherwise put to use, as determined by the
Secretary in accordance with appropriate appraisal and sale procedures.
(4) ''Person'' means an individual, partnership, joint-stock company,
corporation, association, trust, estate, or any other legal entity, or
any agency of Federal or State government or of a political subdivision
of a State.
(5) ''Secretary'' means the Secretary of Agriculture.
(6) ''Wood residues'' includes, but is not limited to, logging slash,
down timber material, woody plants, and standing live or dead trees
which do not meet utilization standards because of size, species,
merchantable volume, or economic selection criteria and which, in the
case of live trees, are surplus to growing stock needs.
(Pub. L. 96-554, 7, Dec. 19, 1980, 94 Stat. 3258.)
16 USC 1687. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated not to exceed
$25,000,000 for each of the fiscal years 1982, 1983, 1984, 1985, and
1986 to carry out the pilot projects and demonstrations authorized by
section 1682 of this title, the residue removal credits authorized by
section 1683 of this title, and the other provisions of this subchapter:
Provided, That not to exceed $2,500,000 of such amount may be
appropriated for administrative expenses to carry out this subchapter
for the period beginning October 1, 1981, and ending September 30, 1986.
Such sums shall be in addition to those provided under other provisions
of law and shall remain available until expended.
(Pub. L. 96-554, 8, Dec. 19, 1980, 94 Stat. 3259.)
16 USC CHAPTER 37 -- YOUTH CONSERVATION CORPS
TITLE 16 -- CONSERVATION
Sec.
1701. Congressional declaration of policy and purpose.
1702. Establishment.
(a) Age of participants.
(b) Equal employment opportunity and employment; term.
1703. Duties and functions of Secretary of the Interior and
Secretary of Agriculture.
(a) Programs and projects; conditions of employment; regulations;
use of facilities by educational institutions.
(b) Use of unoccupied Federal facilities and equipment.
(c) Contracts for the operation of projects.
1704. Grants to States.
(a) Projects for preservation of non-Federal public lands and waters;
''States'' defined.
(b) Application requirements for grants; approval by Secretaries.
(c) Limitation on the amount of grant.
(d) Appropriation percentage.
1705. Reports to President and Congress.
1706. Authorization of appropriations.
16 USC 1701. Congressional declaration of policy and purpose
TITLE 16 -- CONSERVATION
The Congress finds that the Youth Conservation Corps has demonstrated
a high degree of success as a pilot program wherein American youth,
representing all segments of society, have benefited by gainful
employment in the healthful outdoor atmosphere of the national park
system, the national forest system, other public land and water areas of
the United States and by their employment have developed, enhanced, and
maintained the natural resources of the United States, and whereas in so
doing the youth have gained an understanding and appreciation of the
Nation's environment and heritage equal to one full academic year of
study, it is accordingly the purpose of this chapter to expand and make
permanent the Youth Conservation Corps and thereby further the
development and maintenance of the natural resources by America's youth,
and in so doing to prepare them for the ultimate responsibility of
maintaining and managing these resources for the American people.
(Pub. L. 91-378, 1, Aug. 13, 1970, 84 Stat. 794; Pub. L. 92-597,
Oct. 27, 1972, 86 Stat. 1319; Pub. L. 93-408, Sept. 3, 1974, 88 Stat.
1066.)
1974 -- Pub. L. 93-408 substantially reenacted existing provisions
and added finding that the Youth Conservation Corps program be expanded
and made permanent in view of the success of the pilot program.
1972 -- Pub. L. 92-597 substituted ''areas of the United States''
for ''areas administered by the Secretary of the Interior and the
Secretary of Agriculture''.
Pub. L. 91-378, Aug. 13, 1970, 84 Stat. 794, which enacted this
chapter, is popularly known as the ''Youth Conservation Corps Act of
1970''.
16 USC 1702. Establishment
TITLE 16 -- CONSERVATION
(a) Age of participants
To carry out the purposes of this chapter, there is established in
the Department of the Interior and the Department of Agriculture a Youth
Conservation Corps (hereinafter referred to as the ''Corps''). The
Corps shall consist of young men and women who are permanent residents
of the United States, its territories, possessions, trust territories,
or Commonwealth of Puerto Rico who have attained age fifteen but have
not attained age nineteen, and whom the Secretary of the Interior or the
Secretary of Agriculture may employ without regard to the civil service
or classification laws, rules, or regulations, for the purpose of
developing, preserving, or maintaining the lands and waters of the
United States.
(b) Equal employment opportunity and employment; term
The Corps shall be open to youth from all parts of the country of
both sexes and youth of all social, economic, and racial classifications
with all Corps members receiving compensation consistent with work
accomplished, and with no person being employed as a member of the Corps
for a term in excess of ninety days during any single year.
(Pub. L. 91-378, 2, Aug. 13, 1970, 84 Stat. 795; Pub. L. 92-597,
Oct. 27, 1972, 86 Stat. 1319; Pub. L. 93-408, Sept. 3, 1974, 88 Stat.
1066.)
1974 -- Subsec. (a). Pub. L. 93-408 extended eligibility to
permanent residents of Puerto Rico, removed the restriction that
employment be in the summer months only, and substituted ''waters of the
United States'' for ''waters of the United States under his
jurisdiction''.
Subsec. (b). Pub. L. 93-408 substituted ''from all parts of the
country of both sexes and youth of all social, economic, and racial
classifications with all Corps members receiving compensation consistent
with work accomplished, and with'' for ''of both sexes and youth of all
social, economic, and racial classifications, with''.
1972 -- Subsec. (a). Pub. L. 92-597 substituted ''established in the
Department of the Interior and the Department of Agriculture a Youth
Conservation'' and ''under his jurisdiction'' for ''hereby established
in the Department of the Interior and the Department of Agriculture a
three-year pilot program designated as the Youth Conservation'' and
''under the jurisdiction of the appropriate Secretary'' respectively,
and extended eligibility to permanent residents of trust territories.
16 USC 1703. Duties and functions of Secretary of the Interior and
Secretary of Agriculture
TITLE 16 -- CONSERVATION
(a) Programs and projects; conditions of employment; regulations;
use of facilities by educational institutions
In carrying out this chapter, the Secretary of the Interior and the
Secretary of Agriculture shall --
(1) determine the areas under their administrative jurisdictions
which are appropriate for carrying out the programs using employees of
the Corps;
(2) determine with other Federal agencies the areas under the
administrative jurisdiction of these agencies which are appropriate for
carrying out programs using members of the Corps, and determine and
select appropriate work and education programs and projects for
participation by members of the Corps;
(3) determine the rates of pay, hours, and other conditions of
employment in the Corps, except that all members of the Corps shall not
be deemed to be Federal employees other than for the purpose of chapter
171 of title 28, and chapter 81 of title 5.
(4) provide for such transportation, lodging, subsistence, and other
services and equipment as they may deem necessary or appropriate for the
needs of members of the Corps in their duties:
(5) promulgate regulation to insure the safety, health, and welfare
of the Corps members; and
(6) provide to the extent possible, that permanent or semipermanent
facilities used as Corps camps be made available to local schools,
school districts, State junior colleges and universities, and other
education institutions for use as environmental/ecological education
camps during periods of nonuse by the Corps program.
Costs for operations maintenance, and staffing of Corps camp
facilities during periods of use by non-Corps programs as well as any
liability for personal injury or property damage stemming from such use
shall be the responsibility of the entity or organization using the
facility and shall not be a responsibility of the Secretaries or the
Corps.
(b) Use of unoccupied Federal facilities and equipment
Existing but unoccupied Federal facilities and surplus or unused
equipment (or both), of all types including military facilities and
equipment, shall be utilized for the purposes of the Corps, where
appropriate and with the approval of the Federal agency involved. To
minimize transportation costs, Corps members shall be employed on
conservation projects as near to their places of residence as is
feasible.
(c) Contracts for the operation of projects
The Secretary of the Interior and the Secretary of Agriculture may
contract with any public agency or organization or any private nonprofit
agency or organization which has been in existence for at least five
years for the operation of any Youth Conservation Corps project.
(Pub. L. 91-378, 3, Aug. 13, 1970, 84 Stat. 795; Pub. L. 92-597,
Oct. 27, 1972, 86 Stat. 1319; Pub. L. 93-408, Sept. 3, 1974, 88 Stat.
1067.)
1974 -- Pub. L. 93-408 reenacted existing provisions with minor
changes.
1972 -- Pub. L. 92-597 substantially reenacted existing provisions
and inserted provisions requiring the Secretary of the Interior and the
Secretary of Agriculture to determine and select appropriate work and
education programs and projects for participation by members of the
Corps and to provide that permanent or semipermanent facilities used as
Corps camps be made available to local schools, school districts, and
such other institutions for use as environmental education camps during
periods of nonuse by the Corps program, that the costs of operation,
maintenance, and staffing of Corps camp facilities during periods of use
by non-Corps programs and liabilities arising from such use shall be the
responsibility of the organization using the facility and, struck out
provisions requiring preparation and submission to the President of a
report not later than Aug. 13, 1971, for transmittal to the Congress
for review and appropriate action, and that the provisions of Title II
of the Revenue and Expenditure Control Act of 1968 shall not apply to
appointments made to the Corps, to temporary supervisory personnel, or
to temporary program support staff.
16 USC 1704. Grants to States
TITLE 16 -- CONSERVATION
(a) Projects for preservation of non-Federal public lands and waters;
''States'' defined
The Secretary of the Interior and the Secretary of Agriculture shall
jointly establish a program under which grants shall be made to States
to assist them in meeting the cost of projects for the employment of
young men and women to develop, preserve, and maintain non-Federal
public lands and waters within the States. For purposes of this
section, the term ''States'' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
Territory of the Pacific Islands, and American Samoa.
(b) Application requirements for grants; approval by Secretaries
(1) No grant may be made under this section unless an application
therefor has been submitted to, and approved by, the Secretary of the
Interior and the Secretary of Agriculture. Such application shall be in
such form, and submitted in such manner, as the Secretaries shall
jointly by regulation prescribe, and shall contain --
(A) assurances satisfactory to the Secretaries that individuals
employed under the project for which the application is submitted shall
(i) have attained the age of fifteen but not attained the age of
nineteen, (ii) be permanent residents of the United States or its
territories, possessions, or the Trust Territory of the Pacific Islands,
(iii) be employed without regard to the personnel laws, rules, and
regulations applicable to full-time employees of the applicant, (iv) be
employed for a period of not more than ninety days in any calendar year,
and (v) be employed without regard to their sex or social, economic, or
racial classification; and
(B) such other information as the Secretaries may jointly by
regulation prescribe.
(2) The Secretaries may approve applications which they determine (A)
to meet the requirements of paragraph (1), and (B) are for projects
which will further the development, preservation, or maintenance of
non-Federal public lands or waters within the jurisdiction of the
applicant.
(c) Limitation on the amount of grant
(1) The amount of any grant under this section shall be determined
jointly by the Secretaries, except that no grant for any project may
exceed 80 per centum of the cost (as determined by the Secretaries) of
such project.
(2) Payments under grants under this section may be made in advance
or by way of reimbursement and at such intervals and on such conditions
as the Secretaries find necessary.
(d) Appropriation percentage
Thirty per centum of the sums appropriated under section 1706 of this
title for any fiscal year shall be made available for grants under this
section for such fiscal year.
(Pub. L. 91-378, 4, Aug. 13, 1970, 84 Stat. 796; Pub. L. 92-597,
Oct. 27, 1972, 86 Stat. 1320; Pub. L. 93-408, Sept. 3, 1974, 88 Stat.
1067.)
1974 -- Subsec. (a). Pub. L. 93-408 substituted ''jointly establish
a program'' for ''jointly establish a pilot grant program''.
1972 -- Pub. L. 92-579 substituted provisions relating to pilot
grant program for State projects for provisions relating to Secretarial
reports.
16 USC 1705. Reports to President and Congress
TITLE 16 -- CONSERVATION
The Secretary of the Interior and Secretary of Agriculture shall
annually prepare a joint report detailing the activities carried out
under this chapter and providing recommendations. Each report for a
program year shall be submitted concurrently to the President and the
Congress not later than April 1 following the close of that program
year.
(Pub. L. 91-378, 5, Aug. 13, 1970, 84 Stat. 796; Pub. L. 92-597,
Oct. 27, 1972, 86 Stat. 1321; Pub. L. 93-408, Sept. 3, 1974, 88 Stat.
1068.)
1974 -- Pub. L. 93-408 substituted ''program year shall be submitted
concurrently to the President and the Congress not later than April 1
following the close of that program year'' for ''fiscal year shall be
submitted concurrently to the President and the Congress not later than
one hundred and eighty days following the close of that fiscal year''.
1972 -- Pub. L. 92-579 submitted provisions relating to Secretarial
reports for provisions relating to authorization of funds.
16 USC 1706. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated amounts not to exceed
$60,000,000 for each fiscal year, which amounts shall be made available
to the Secretary of the Interior and the Secretary of Agriculture to
carry out the purposes of this chapter. Notwithstanding any other
provision of law, funds appropriated for any fiscal year to carry out
this chapter shall remain available for obligation and expenditure until
the end of the fiscal year following the fiscal year for which
appropriated.
(Pub. L. 91-378, 6, as added Pub. L. 92-597, Oct. 27, 1972, 86 Stat.
1321; amended Pub. L. 93-408, Sept. 3, 1974, 88 Stat. 1068.)
1974 -- Pub. L. 93-408 substituted authorization of appropriation of
amount not exceeding $60,000,000 for each fiscal year for authorization
of appropriation of amounts not exceeding $30,000,000 for fiscal year
ending June 30, 1973 and $60,000,000 for fiscal year ending June 30,
1974.
16 USC CHAPTER 38 -- FISHERY CONSERVATION AND MANAGEMENT
TITLE 16 -- CONSERVATION
Sec.
1801. Findings, purposes and policy.
(a) Findings.
(b) Purposes.
(c) Policy.
1802. Definitions.
1811. United States sovereign rights to fish and fishery management
authority.
(a) In the exclusive economic zone.
(b) Beyond the exclusive economic zone.
1812. Highly migratory species.
1813. Omitted.
1821. Foreign fishing.
(a) In general.
(b) Existing international fishery agreements.
(c) Governing international fishery agreements.
(d) Total allowable level of foreign fishing.
(e) Allocation of allowable level.
(f) Foreign allocation report.
(g) Reciprocity.
(h) Preliminary fishery management plans.
(i) Full observer coverage program.
(j) Recreational fishing.
1822. International fishery agreements.
(a) Negotiations.
(b) Treaty renegotiation.
(c) International fishery agreements.
(d) Boundary negotiations.
(e) Highly migratory species agreements.
(f) Nonrecognition.
(g) Fishery agreement with Russia.
1823. Congressional oversight of governing international fishery
agreements.
(a) In general.
(b) Referral to committees.
(c) Computation of 60-day period.
(d) Congressional procedures.
1824. Permits for foreign fishing.
(a) In general.
(b) Applications and permits under governing international fishery
agreements.
(c) Registration permits.
1825. Import prohibitions.
(a) Determinations by Secretary of State.
(b) Prohibitions.
(c) Removal of prohibition.
(d) Definitions.
1826. Large-scale driftnet fishing.
(a) Short title.
(b) Findings.
(c) Policy.
(d) International agreements.
(e) Report.
(f) Certification.
(g) Effect on sovereign rights.
(h) ''Living marine resources'' defined.
1826a. Denial of port privileges and sanctions for high seas
large-scale driftnet fishing.
(a) Denial of port privileges.
(b) Sanctions.
1826b. Duration of denial of port privileges and sanctions.
1826c. Definitions.
1827. Observer program regarding certain foreign fishing.
(a) Definitions.
(b) Observer program.
(c) Functions of observers.
(d) Fees.
(e) Fund.
(f) Prohibited acts.
(g) Regulations.
1851. National standards for fishery conservation and management.
(a) In general.
(b) Guidelines.
1852. Regional Fishery Management Councils.
(a) Establishment.
(b) Voting members.
(c) Nonvoting members.
(d) Compensation and expenses.
(e) Transaction of business.
(f) Staff and administration.
(g) Committees and panels.
(h) Functions.
(i) Fishery habitat concerns.
(j) Procedural matters.
(k) Disclosure of financial interest.
1853. Contents of fishery management plans.
(a) Required provisions.
(b) Discretionary provisions.
(c) Proposed regulations.
(d) Confidentiality of statistics.
(e) Data collection programs.
(f) Restriction on use of certain data.
1854. Action by Secretary.
(a) Action by Secretary after receipt of plan.
(b) Review by Secretary.
(c) Preparation by Secretary.
(d) Establishment of fees.
(e) Fisheries research.
(f) Fisheries under authority of more than one Council.
(g) Incidental harvest research.
1855. Implementation of fishery management plans.
(a) Implementation.
(b) Judicial review.
(c) Emergency actions.
(d) Responsibility of Secretary.
(e) Effect of certain laws on certain time requirements.
1856. State jurisdiction.
(a) In general.
(b) Exception.
(c) Exception regarding foreign fish processing in internal waters.
1857. Prohibited acts.
1858. Civil penalties and permit sanctions.
(a) Assessment of penalty.
(b) Review of civil penalty.
(c) Action upon failure to pay assessment.
(d) In rem jurisdiction.
(e) Compromise or other action by Secretary.
(f) Subpenas.
(g) Permit sanctions.
1859. Criminal offenses.
(a) Offenses.
(b) Punishment.
(c) Jurisdiction.
1860. Civil forfeitures.
(a) In general.
(b) Jurisdiction of district courts.
(c) Judgment.
(d) Procedure.
(e) Rebuttable presumptions.
1861. Enforcement.
(a) Responsibility.
(b) Powers of authorized officers.
(c) Issuance of citations.
(d) Jurisdiction of courts.
(e) Payment of storage, care, and other costs.
(f) Enforcement of Northeast Multispecies Fishery Management Plan.
(g) Definitions.
1862. North Pacific fisheries research plan.
(a) In general.
(b) Standards.
(c) Action by Secretary.
(d) Fishery Observer Fund.
(e) Special provisions regarding observers.
1863. Northwest Atlantic Ocean Fisheries Reinvestment Program.
(a) Program.
(b) Assistance of other agencies.
(c) Management plans for underutilized species.
(d) Underutilized species defined.
1881. Repealed.
1882. Authorization of appropriations.
title 42 sections 9601, 9603.
16 USC SUBCHAPTER I -- GENERALLY
TITLE 16 -- CONSERVATION
16 USC 1801. Findings, purposes and policy
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly
migratory species of the high seas, the species which dwell on or in the
Continental Shelf appertaining to the United States, and the anadromous
species which spawn in United States rivers or estuaries, constitute
valuable and renewable natural resources. These fishery resources
contribute to the food supply, economy, and health of the Nation and
provide recreational opportunities.
(2) As a consequence of increased fishing pressure and because of the
inadequacy of fishery conservation and management practices and controls
(A) certain stocks of such fish have been overfished to the point where
their survival is threatened, and (B) other such stocks have been so
substantially reduced in number that they could become similarly
threatened.
(3) Commercial and recreational fishing constitutes a major source of
employment and contributes significantly to the economy of the Nation.
Many coastal areas are dependent upon fishing and related activities,
and their economies have been badly damaged by the overfishing of
fishery resources at an ever-increasing rate over the past decade. The
activities of massive foreign fishing fleets in waters adjacent to such
coastal areas have contributed to such damage, interfered with domestic
fishing efforts, and caused destruction of the fishing gear of United
States fishermen.
(4) International fishery agreements have not been effective in
preventing or terminating the overfishing of these valuable fishery
resources. There is danger that irreversible effects from overfishing
will take place before an effective international agreement on fishery
management jurisdiction can be negotiated, signed, ratified, and
implemented.
(5) Fishery resources are finite but renewable. If placed under
sound management before overfishing has caused irreversible effects, the
fisheries can be conserved and maintained so as to provide optimum
yields on a continuing basis.
(6) A national program for the conservation and management of the
fishery resources of the United States is necessary to prevent
overfishing, to rebuild overfished stocks, to insure conservation, and
to realize the full potential of the Nation's fishery resources.
(7) A national program for the development of fisheries which are
underutilized or not utilized by the United States fishing industry,
including bottom fish off Alaska, is necessary to assure that our
citizens benefit from the employment, food supply, and revenue which
could be generated thereby.
(8) The collection of reliable data is essential to the effective
conservation, management, and scientific understanding of the fishery
resources of the United States.
(b) Purposes
It is therefore declared to be the purposes of the Congress in this
chapter --
(1) to take immediate action to conserve and manage the fishery
resources found off the coasts of the United States, and the anadromous
species and Continental Shelf fishery resources of the United States, by
exercising (A) sovereign rights for the purposes of exploring,
exploiting, conserving, and managing all fish, within the exclusive
economic zone established by Presidential Proclamation 5030, dated March
10, 1983, and (B) exclusive fishery management authority beyond the
exclusive economic zone over such anadromous species and Continental
Shelf fishery resources;
(2) to support and encourage the implementation and enforcement of
international fishery agreements for the conservation and management of
highly migratory species, and to encourage the negotiation and
implementation of additional such agreements as necessary;
(3) to promote domestic commercial and recreational fishing under
sound conservation and management principles;
(4) to provide for the preparation and implementation, in accordance
with national standards, of fishery management plans which will achieve
and maintain, on a continuing basis, the optimum yield from each
fishery;
(5) to establish Regional Fishery Management Councils to exercise
sound judgment in the stewardship of fishery resources through the
preparation, monitoring, and revision of such plans under circumstances
(A) which will enable the States, the fishing industry, consumer and
environmental organizations, and other interested persons to participate
in, and advise on, the establishment and administration of such plans,
and (B) which take into account the social and economic needs of the
States; and
(6) to encourage the development by the United States fishing
industry of fisheries which are currently underutilized or not utilized
by United States fishermen, including bottom fish off Alaska, and to
that end, to ensure that optimum yield determinations promote such
development.
(c) Policy
It is further declared to be the policy of the Congress in this
chapter --
(1) to maintain without change the existing territorial or other
ocean jurisdiction of the United States for all purposes other than the
conservation and management of fishery resources, as provided for in
this chapter;
(2) to authorize no impediment to, or interference with, recognized
legitimate uses of the high seas, except as necessary for the
conservation and management of fishery resources, as provided for in
this chapter;
(3) to assure that the national fishery conservation and management
program utilizes, and is based upon, the best scientific information
available; involves, and is responsive to the needs of, interested and
affected States and citizens; promotes efficiency; draws upon Federal,
State, and academic capabilities in carrying out research,
administration, management, and enforcement; considers the effects of
fishing on immature fish and encourages development of practical
measures that avoid unnecessary waste of fish; and is workable and
effective;
(4) to permit foreign fishing consistent with the provisions of this
chapter;
(5) to support and encourage active United States efforts to obtain
internationally acceptable agreements which provide for effective
conservation and management of fishery resources, and to secure
agreements to regulate fishing by vessels or persons beyond the
exclusive economic zones of any nation; and
(6) to foster and maintain the diversity of fisheries in the United
States.
(Pub. L. 94-265, 2, Apr. 13, 1976, 90 Stat. 331; Pub. L. 95-354,
2, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96-561, title II, 233, Dec.
22, 1980, 94 Stat. 3299; Pub. L. 99-659, title I, 101(c)(1), Nov. 14,
1986, 100 Stat. 3707; Pub. L. 101-627, title I, 101, Nov. 28, 1990,
104 Stat. 4437; Pub. L. 102-251, title III, 301(a), Mar. 9, 1992, 106
Stat. 62.)
Pub. L. 102-251, title III, 301(a), 308, Mar. 9, 1992, 106 Stat.
62, 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)(1) is amended by inserting '', and fishery
resources in the special areas'' before the semicolon at the end.
This chapter, referred to in subsecs. (b) and (c), was in the
original ''this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, known as the Magnuson Fishery Conservation and
Management Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
below and Tables.
Presidential Proclamation 5030, referred to in subsec. (b)(1), is
set out under section 1453 of this title.
1990 -- Subsec. (a)(8). Pub. L. 101-627, 101(a), added par. (8).
Subsec. (b)(1)(A). Pub. L. 101-627, 101(b)(1), struck out ''except
highly migratory species'' after ''fish''.
Subsec. (b)(5). Pub. L. 101-627, 101(b)(2), substituted ''exercise
sound judgment in the stewardship of fishery resources through the
preparation, monitoring, and revision of'' for ''prepare, monitor, and
revise''.
Subsec. (c)(3). Pub. L. 101-627, 101(c)(1), inserted ''considers the
effects of fishing on immature fish and encourages development of
practical measures that avoid unnecessary waste of fish;'' after ''and
enforcement;''.
Subsec. (c)(5). Pub. L. 101-627, 101(c)(3), substituted '', and to
secure agreements to regulate fishing by vessels or persons beyond the
exclusive economic zones of any nation; and'' for period at end.
Subsec. (c)(6). Pub. L. 101-627, 101(c)(4), added par. (6).
1986 -- Subsec. (b)(1). Pub. L. 99-659, 101(c)(1)(A), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ''to
take immediate action to conserve and manage the fishery resources found
off the coasts of the United States, and the anadromous species and
Continental Shelf fishery resources of the United States, by
establishing (A) a fishery conservation zone within which the United
States will assume exclusive fishery management authority over all fish,
except highly migratory species, and (B) exclusive fishery management
authority beyond such zone over such anadromous species and Continental
Shelf fishery resources;''.
Subsec. (c)(5). Pub. L. 99-659, 101(c)(1)(B), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ''to support
and encourage continued active United States efforts to obtain an
internationally acceptable treaty, at the Third United Nations
Conference on the Law of the Sea, which provides for effective
conservation and management of fishery resources.''
1980 -- Subsec. (b)(6). Pub. L. 96-561 inserted '', and to that end,
to ensure that optimum yield determinations promote such development''
after ''fish off Alaska''.
1978 -- Subsec. (a)(7). Pub. L. 95-354, 2(a), substituted ''the
United States fishing industry'' for ''United States fishermen''.
Subsec. (b)(6). Pub. L. 95-354, 2(b), inserted requirement for
development by the United States fishing industry.
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.
Pub. L. 102-582, 1, Nov. 2, 1992, 106 Stat. 4900, provided that:
''This Act (enacting sections 1826a to 1826c of this title and section
1707a of Title 46, Appendix, Shipping, amending sections 1362, 1371,
1852, and 1862 of this title, section 1978 of Title 22, Foreign
Relations and Intercourse, and section 2110 of Title 46, repealing
section 1111c of Title 46, Appendix, and enacting provisions set out as
notes under sections 1823, 1826a, and 1861 of this title and section
2110 of Title 46) may be cited as the 'High Seas Driftnet Fisheries
Enforcement Act'.''
Section 1(a) of Pub. L. 101-627 provided that: ''The Act (enacting
sections 971b-1, 1385, and 1862 of this title, amending this section,
sections 757d, 758e-5, 971a, 971b, 971d, 971h, 1371, 1802, 1811, 1812,
1821, 1822, 1824 to 1826, 1852 to 1861, 1882, 4005, 4006, 4008, 4103,
and 4107 of this title, section 713c-3 of Title 15, Commerce and Trade,
and section 1977 of Title 22, Foreign Relations and Intercourse, and
enacting provisions set out as notes under sections 971a, 1373, 1802,
1812, 1822, 1825, 1854, 4004, and 4005 of this title) may be cited as
the 'Fishery Conservation Amendments of 1990'.''
Pub. L. 100-220, 1, Dec. 29, 1987, 101 Stat. 1458, provided that:
''This Act (enacting section 1912 of Title 33, Navigation and Navigable
Waters, amending sections 1121 to 1131, 1901 to 1903, 1905, and 1907 to
1909 of Title 33, and enacting provisions set out as notes under this
section, sections 1822 and 1823 of this title, sections 883a, 1121,
1125, 1901, 1902, and 2267 of Title 33, and section 6981 of Title 42,
The Public Health and Welfare) may be cited as the 'United States-Japan
Fishery Agreement Approval Act of 1987'.''
Section 201 of title II of Pub. L. 96-561 provided that: ''This
title (enacting section 1511b of Title 15, Commerce and Trade, amending
sections 917, 1801, 1821, 1824, 1852, and 1855 of this title, section
713c-3 of Title 15, sections 1972 and 1980 of Title 22, Foreign
Relations and Intercourse, section 1321 of Title 33, Navigation and
Navigable Waters, section 1843 of Title 43, Public Lands, and sections
1271, 1273, 1274, and 1275 of Title 46, Appendix, Shipping, and enacting
provisions set out as notes under this section, sections 742c, 1821, and
1824 of this title, and section 1980 of Title 22) may be cited as the
'American Fisheries Promotion Act'.''
Section 238 of title II of Pub. L. 96-561 provided that:
''(a) Effective 15 days after the date of enactment of this title
(Dec. 22, 1980), section 1 of the Fishery Conservation and Management
Act of 1976 (16 U.S.C. 1801) (section 1 of Pub. L. 94-265, Apr. 13,
1976, 90 Stat. 331), is amended to read as follows: 'That this Act (see
Short Title note below for classification) may be cited as the
''Magnuson Fishery Conservation and Management Act''.'
''(b) Effective 15 days after the date of enactment of this title
(Dec. 22, 1980), all references to the Fishery Conservation and
Management Act of 1976 shall be redesignated as references to the
Magnuson Fishery Conservation and Management Act.''
Pub. L. 95-6, 1, Feb. 21, 1977, 91 Stat. 14, provided: ''That
this joint resolution (enacting section 1826 of this title, repealing
sections 981 to 991 of this title, and enacting provisions set out as
notes under sections 981 and 1823 of this title) may be cited as the
'Fishery Conservation Zone Transition Act'.''
Section 1 of Pub. L. 94-265, as amended by section 238(a) of Pub.
L. 96-561 (see Short Title of 1980 Amendment note above) provided:
''That this Act (enacting this chapter, amending section 971 of this
title and sections 1972 and 1973 of Title 22, Foreign Relations and
Intercourse, enacting provisions set out as notes under this section and
sections 971, 1362, 1857 of this title, and sections 1972 and 1973 of
Title 22, and repealing chapters 21 and 21A of this title) may be cited
as the 'Magnuson Fishery Conservation and Management Act'.''
16 USC 1802. Definitions
TITLE 16 -- CONSERVATION
As used in this chapter, unless the context otherwise requires --
(1) The term ''anadromous species'' means species of fish which spawn
in fresh or estuarine waters of the United States and which migrate to
ocean waters.
(2) The term ''conservation and management'' refers to all of the
rules, regulations, conditions, methods, and other measures (A) which
are required to rebuild, restore, or maintain, and which are useful in
rebuilding, restoring, or maintaining, any fishery resource and the
marine environment; and (B) which are designed to assure that --
(i) a supply of food and other products may be taken, and that
recreational benefits may be obtained, on a continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources
and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with respect
to future uses of these resources.
(3) The term ''Continental Shelf'' means the seabed and subsoil of
the submarine areas adjacent to the coast, but outside the area of the
territorial sea, of the United States, to a depth of 200 meters or,
beyond that limit, to where the depth of the superjacent waters admits
of the exploitation of the natural resources of such areas.
(4) The term ''Continental Shelf fishery resources'' means the
following:
16 USC Colenterata
TITLE 16 -- CONSERVATION
Bamboo Coral -- Acanella spp.;
Black Coral -- Antipathes spp.;
Gold Coral -- Callogorgia spp.;
Precious Red Coral -- Corallium spp.;
Bamboo Coral -- Keratoisis spp.; and
Gold Coral -- Parazoanthus spp.
16 USC Crustacea
TITLE 16 -- CONSERVATION
Tanner Crab -- Chionoecetes tanneri;
Tanner Crab -- Chionoecetes opilio;
Tanner Crab -- Chionoecetes angulatus;
Tanner Crab -- Chionoecetes bairdi;
King Crab -- Paralithodes camtschatica;
King Crab -- Paralithodes platypus;
King Crab -- Paralithodes brevipes;
Lobster -- Homarus americanus;
Dungeness Crab -- Cancer magister;
California King Crab -- Paralithodes californiensis;
California King Crab -- Paralithodes rathbuni;
Golden King Crab -- Lithodes aequispinus;
Northern Stone Crab -- Lithodes maja;
Stone Crab -- Menippe mercenaria; and
Deep-sea Red Crab -- Geryon quinquedens.
16 USC Mollusks
TITLE 16 -- CONSERVATION
Red Abalone -- Haliotis rufescens;
Pink Abalone -- Haliotis corrugata;
Japanese Abalone -- Haliotis kamtschatkana;
Queen Conch -- Strombus gigas;
Surf Clam -- Spisula solidissima; and
Ocean Quahog -- Arctica islandica.
16 USC Sponges
TITLE 16 -- CONSERVATION
Glove Sponge -- Spongia cheiris;
Sheepswool Sponge -- Hippiospongia lachne;
Grass Sponge -- Spongia graminea; and
Yellow Sponge -- Spongia barbera.
If the Secretary determines, after consultation with the Secretary of
State, that living organisms of any other sedentary species are, at the
harvestable stage, either --
(A) immobile on or under the seabed, or
(B) unable to move except in constant physical contact with the
seabed or subsoil,
of the Continental Shelf which appertains to the United States, and
publishes notice of such determination in the Federal Register, such
sedentary species shall be considered to be added to the foregoing list
and included in such term for purposes of this chapter.
(5) The term ''Council'' means any Regional Fishery Management
Council established under section 1852 of this title.
(6) The term ''exclusive economic zone'' means the zone established
by Proclamation Numbered 5030, dated March 10, 1983. For purposes of
applying this chapter, the inner boundary of that zone is a line
coterminous with the seaward boundary of each of the coastal States.
(7) The term ''fish'' means finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life other than marine mammals
and birds.
(8) The term ''fishery'' means --
(A) one or more stocks of fish which can be treated as a unit for
purposes of conservation and management and which are identified on the
basis of geographical, scientific, technical, recreational, and economic
characteristics; and
(B) any fishing for such stocks.
(9) The term ''fishery resource'' means any fishery, any stock of
fish, any species of fish, and any habitat of fish.
(10) The term ''fishing'' means --
(A) the catching, taking, or harvesting of fish;
(B) the attempted catching, taking, or harvesting of fish;
(C) any other activity which can reasonably be expected to result in
the catching, taking, or harvesting of fish; or
(D) any operations at sea in support of, or in preparation for, any
activity described in subparagraphs (A) through (C).
Such term does not include any scientific research activity which is
conducted by a scientific research vessel.
(11) The term ''fishing vessel'' means any vessel, boat, ship, or
other craft which is used for, equipped to be used for, or of a type
which is normally used for --
(A) fishing; or
(B) aiding or assisting one or more vessels at sea in the performance
of any activity relating to fishing, including, but not limited to,
preparation, supply, storage, refrigeration, transportation, or
processing.
(12) The term ''foreign fishing'' means fishing by a vessel other
than a vessel of the United States.
(13) The term ''high seas'' means all waters beyond the territorial
sea of the United States and beyond any foreign nation's territorial
sea, to the extent that such sea is recognized by the United States.
(14) The term ''highly migratory species'' means tuna species, marlin
(Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes
(Istiophorus spp.), and swordfish (Xiphias gladius).
(15) The term ''international fishery agreement'' means any bilateral
or multilateral treaty, convention, or agreement which relates to
fishing and to which the United States is a party.
(16) The term ''large-scale driftnet fishing'' means a method of
fishing in which a gillnet composed of a panel or panels of webbing, or
a series of such gillnets, with a total length of one and one-half miles
or more is placed in the water and allowed to drift with the currents
and winds for the purpose of entangling fish in the webbing.
(17) The term ''Marine Fisheries Commission'' means the Atlantic
States Marine Fisheries Commission, the Gulf States Marine Fisheries
Commission, or the Pacific States Marine Fisheries Commission.
(18) The term ''migratory range'' means the maximum area at a given
time of the year within which fish of an anadromous species or stock
thereof can be expected to be found, as determined on the basis of scale
pattern analysis, tagging studies, or other reliable scientific
information, except that the term does not include any part of such area
which is in the waters of a foreign nation.
(19) The term ''national standards'' means the national standards for
fishery conservation and management set forth in section 1851 of this
title.
(20) The term ''observer'' means any person required or authorized to
be carried on a vessel for conservation and management purposes by
regulations or permits under this chapter.
(21) The term ''optimum'', with respect to the yield from a fishery,
means the amount of fish --
(A) which will provide the greatest overall benefit to the Nation,
with particular reference to food production and recreational
opportunities; and
(B) which is prescribed as such on the basis of the maximum
sustainable yield from such fishery, as modified by any relevant
economic, social, or ecological factor.
(22) 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.
(23) The term ''Secretary'' means the Secretary of Commerce or his
designee.
(24) The term ''State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
the Virgin Islands, Guam, and any other Commonwealth, territory, or
possession of the United States.
(25) The term ''stock of fish'' means a species, subspecies,
geographical grouping, or other category of fish capable of management
as a unit.
(26) The term ''treaty'' means any international fishery agreement
which is a treaty within the meaning of section 2 of article II of the
Constitution.
(27) The term ''tuna species'' means the following:
Albacore Tuna -- Thunnus alalunga;
Bigeye Tuna -- Thunnus obesus;
Bluefin Tuna -- Thunnus thynnus;
Skipjack Tuna -- Katsuwonus pelamis; and
Yellowfin Tuna -- Thunnus albacares.
(28) The term ''United States'', when used in a geographical context,
means all the States thereof.
(29) The term ''United States fish processors'' means facilities
located within the United States for, and vessels of the United States
used or equipped for, the processing of fish for commercial use or
consumption.
(30) The term ''United States harvested fish'' means fish caught,
taken, or harvested by vessels of the United States within any fishery
for which a fishery management plan prepared under subchapter IV of this
chapter or a preliminary fishery management plan prepared under section
1821(h) of this title has been implemented.
(31) The term ''vessel of the United States'' means --
(A) any vessel documented under chapter 121 of title 46;
(B) any vessel numbered in accordance with chapter 123 of title 46
and measuring less than 5 net tons;
(C) any vessel numbered in accordance with chapter 123 of title 46
and used exclusively for pleasure; or
(D) any vessel not equipped with propulsion machinery of any kind and
used exclusively for pleasure.
(32) The term ''waters of a foreign nation'' means any part of the
territorial sea or exclusive economic zone (or the equivalent) of a
foreign nation, to the extent such territorial sea or exclusive economic
zone is recognized by the United States.
(Pub. L. 94-265, 3, Apr. 13, 1976, 90 Stat. 333; Pub. L. 95-354,
3, Aug. 28, 1978, 92 Stat. 519; Pub. L. 97-453, 15(a), Jan. 12, 1983,
96 Stat. 2492; Pub. L. 99-659, title I, 101(a), 112, Nov. 14, 1986,
100 Stat. 3706, 3715; Pub. L. 100-239, 2, Jan. 11, 1988, 101 Stat.
1778; Pub. L. 101-627, title I, 102(a), title X, 1001(c), Nov. 28,
1990, 104 Stat. 4438, 4468; Pub. L. 102-251, title III, 301(b), Mar.
9, 1992, 106 Stat. 62.)
Pub. L. 102-251, title III, 301(b), 308, Mar. 9, 1992, 106 Stat.
62, 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 regulations effective until
the date on which the Agreement enters into force for the United States,
this section is amended by redesignating paragraphs (24) to (32) as (25)
to (33), respectively, and by inserting after paragraph (23) the
following new paragraph:
(24) The term ''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.
Proclamation Numbered 5030, referred to in par. (6), is set out
under section 1453 of this title.
1990 -- Par. (7). Pub. L. 101-627, 102(a)(2), substituted ''and
birds'' for '', birds, and highly migratory species''.
Par. (14). Pub. L. 101-627, 102(a)(3), amended par. (14) generally.
Prior to amendment, par. (14) read as follows: ''The term 'highly
migratory species' means species of tuna which, in the course of their
life cycle, spawn and migrate over great distances in waters of the
ocean.''
Par. (16). Pub. L. 101-627, 102(a)(4), added par. (16). Former par.
(16) redesignated (17).
Par. (17). Pub. L. 101-627, 102(a)(1), redesignated par. (16) as
(17). Former par. (17) redesignated (19).
Par. (18). Pub. L. 101-627, 102(a)(5), added par. (18). Former par.
(18) redesignated (21).
Par. (19). Pub. L. 101-627, 102(a)(1), redesignated par. (17) as
(19). Former par. (19) redesignated (22).
Par. (20). Pub. L. 101-627, 102(a)(6), added par. (20). Former par.
(20) redesignated (23).
Pars. (21) to (26). Pub. L. 101-627, 102(a)(1), redesignated pars.
(18) to (23) as (21) to (26), respectively. Former pars. (24) to (26)
redesignated (28) to (30), respectively.
Par. (27). Pub. L. 101-627, 102(a)(7), added par. (27). Former par.
(27) redesignated (31).
Pars. (28) to (31). Pub. L. 101-627, 102(a)(1), redesignated pars.
(24) to (27) as (28) to (31), respectively.
Par. (32). Pub. L. 101-627, 102(a)(8), added par. (32).
1988 -- Par. (27). Pub. L. 100-239 amended par. (27) generally.
Prior to amendment, par. (27) read as follows: ''The term 'vessel of
the United States' means --
''(A) any vessel documented under the laws of the United States;
''(B) any vessel numbered in accordance with the Federal Boat Safety
Act of 1971 and measuring less than 5 net tons; or
''(C) any vessel numbered under the Federal Boat Safety Act of 1971
and used exclusively for pleasure.''
1986 -- Par. (4). Pub. L. 99-659, 112, in provisions under heading
''Mollusks'' substituted ''Arctica islandica'' for ''Artica islandica''
and under heading ''Sponges'' substituted ''Spongia cheiris'' for
''Hippiospongia canaliculata''.
Pars. (6) to (8). Pub. L. 99-659, 101(a), added par. (6),
redesignated former pars. (6) and (7) as (7) and (8), respectively, and
struck out former par. (8) which defined ''fishery conservation zone''
as the fishery conservation zone established by section 1811 of this
title.
1983 -- Par. (27). Pub. L. 97-453 designated existing provisions as
subpar. (A), struck out ''or registered under the laws of any State''
after ''United States'', and added subpars. (B) and (C).
1978 -- Pars. (25) to (27). Pub. L. 95-354 added pars. (25) and
(26) and redesignated former par. (25) as (27).
''Pacific States Marine Fisheries Commission'' substituted for
''Pacific Marine Fisheries Commission'' in par. (17) pursuant to
section 1001(c) of Pub. L. 101-627, set out below.
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.
Section 1001 of Pub. L. 101-627 provided that:
''(a) In General. -- The Congress consents to and approves of the
amendments described in subsection (b) to the interstate compact which
constituted the Pacific Marine Fisheries Commission, approved by the Act
of July 24, 1947 (61 Stat. 419; hereinafter in this section referred to
as the 'compact').
''(b) Amendment Described. -- The amendments referred to in
subsection (a) are the amendments approved and ratified before the
effective date of this section (Nov. 28, 1990) by the contracting States
to the compact, which --
''(1) amend Article III of the compact to redesignate the Pacific
Marine Fisheries Commission as the 'Pacific States Marine Fisheries
Commission'; and
''(2) make such other amendments to the compact as are necessary
solely to conform the text of the compact to the amendment described in
paragraph (1).
''(c) References. -- Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Pacific
Marine Fisheries Commission constituted by the compact is deemed to be a
reference to the 'Pacific States Marine Fisheries Commission'.''
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.
1971, 1980; title 46 sections 8103, 8704; title 46
App. section 1271.
16 USC SUBCHAPTER II -- UNITED STATES RIGHTS AND AUTHORITY REGARDING
FISH AND FISHERY RESOURCES
TITLE 16 -- CONSERVATION
16 USC 1811. United States sovereign rights to fish and fishery
management authority
TITLE 16 -- CONSERVATION
(a) In the exclusive economic zone
Except as provided in section 1812 of this title, the United States
claims, and will exercise in the manner provided for in this chapter,
sovereign rights and exclusive fishery management authority over all
fish, and all Continental Shelf fishery resources, within the exclusive
economic zone.
(b) Beyond the exclusive economic zone
The United States claims, and will exercise in the manner provided
for in this chapter, exclusive fishery management authority over the
following:
(1) All anadromous species throughout the migratory range of each
such species beyond the exclusive economic zone; except that that
management authority does not extend to such species during the time
they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive
economic zone.
(Pub. L. 94-265, title I, 101, Apr. 13, 1976, 90 Stat. 336; Pub.
L. 99-659, title I, 101(b), Nov. 14, 1986, 100 Stat. 3706; Pub. L.
101-627, title I, 102(b), Nov. 28, 1990, 104 Stat. 4438; Pub. L.
102-251, title III, 301(c), Mar. 9, 1992, 106 Stat. 62.)
Pub. L. 102-251, title III, 301(c), 308, Mar. 9, 1992, 106 Stat.
62, 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 (a) is amended by inserting ''and special areas''
before the period at the end and subsection (b) is amended by inserting
after paragraph (2) the following new paragraph:
(3) All fishery resources in the special areas.
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended,
known as the Magnuson Fishery Conservation and Management Act, which is
classified principally to this chapter. 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. (b)(1). Pub. L. 101-627 substituted ''any waters of
a foreign nation'' for ''any foreign nation's territorial sea or
exclusive economic zone (or the equivalent), to the extent that that sea
or zone is recognized by the United States''.
1986 -- Pub. L. 99-659 amended section generally. Prior to
amendment, section read as follows: ''There is established a zone
contiguous to the territorial sea of the United States to be known as
the fishery conservation zone. The inner boundary of the fishery
conservation zone is a line coterminous with the seaward boundary of
each of the coastal States, and the outer boundary of such zone 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.''
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.
title.
16 USC 1812. Highly migratory species
TITLE 16 -- CONSERVATION
The United States shall cooperate directly or through appropriate
international organizations with those nations involved in fisheries for
highly migratory species with a view to ensuring conservation and
promoting the objective of optimum utilization of such species
throughout their range, both within and beyond the exclusive economic
zone.
(Pub. L. 94-265, title I, 102, Apr. 13, 1976, 90 Stat. 336; Pub.
L. 99-659, title I, 101(b), Nov. 14, 1986, 100 Stat. 3707; Pub. L.
101-627, title I, 103(a), Nov. 28, 1990, 104 Stat. 4439.)
1990 -- Pub. L. 101-627 amended section generally. Prior to
amendment, section read as follows: ''The sovereign rights and
exclusive fishery management authority asserted by the United States
under section 1811 of this title over fish do not include, and may not
be construed to extend to, highly migratory species of fish.''
1986 -- Pub. L. 99-659 amended section generally. Prior to
amendment, section read as follows: ''The United States shall exercise
exclusive fishery management authority, in the manner provided for in
this chapter, over the following:
''(1) All fish within the fishery conservation zone.
''(2) All anadromous species throughout the migratory range of each
such species beyond the fishery conservation zone; except that such
management authority shall not extend to such species during the time
they are found within any foreign nation's territorial sea or fishery
conservation zone (or the equivalent), to the extent that such sea or
zone is recognized by the United States.
''(3) All Continental Shelf fishery resources beyond the fishery
conservation zone.''
Section 103(c) of Pub. L. 101-627 provided that: ''The amendments
made by this section (amending this section) shall take effect on
January 1, 1992.''
16 USC 1813. Omitted
TITLE 16 -- CONSERVATION
Section, Pub. L. 94-265, title I, 103, Apr. 13, 1976, 90 Stat.
336, which related to exclusion of highly migratory species of fish from
exclusive fishery management authority, was omitted in the general
revision of this subchapter by section 101(b) of Pub. L. 99-659. See
section 1812 of this title.
16 USC 1821. Foreign fishing
TITLE 16 -- CONSERVATION
(a) In general
After February 28, 1977, no foreign fishing is authorized within the
exclusive economic zone, or for anadromous species or Continental Shelf
fishery resources beyond the exclusive economic zone, unless such
foreign fishing --
(1) is authorized under subsection (b) or (c) of this section;
(2) is not prohibited by subsection (g) of this section; and
(3) is conducted under, and in accordance with, a valid and
applicable permit issued pursuant to section 1824 of this title.
(b) Existing international fishery agreements
Foreign fishing described in subsection (a) of this section may be
conducted pursuant to an international fishery agreement (subject to the
provisions of section 1822(b) or (c) of this title), if such agreement
--
(1) was in effect on April 13, 1976; and
(2) has not expired, been renegotiated, or otherwise ceased to be of
force and effect with respect to the United States.
(c) Governing international fishery agreements
Foreign fishing described in subsection (a) of this section may be
conducted pursuant to an international fishery agreement (other than a
treaty) which meets the requirements of this subsection if such
agreement becomes effective after application of section 1823 of this
title. Any such international fishery agreement shall hereafter in this
chapter be referred to as a ''governing international fishery
agreement''. Each governing international fishery agreement shall
acknowledge the exclusive fishery management authority of the United
States, as set forth in this chapter. It is the sense of the Congress
that each such agreement shall include a binding commitment, on the part
of such foreign nation and its fishing vessels, to comply with the
following terms and conditions:
(1) The foreign nation, and the owner or operator of any fishing
vessel fishing pursuant to such agreement, will abide by all regulations
promulgated by the Secretary pursuant to this chapter, including any
regulations promulgated to implement any applicable fishery management
plan or any preliminary fishery management plan.
(2) The foreign nation, and the owner or operator of any fishing
vessel fishing pursuant to such agreement, will abide by the requirement
that --
(A) any officer authorized to enforce the provisions of this chapter
(as provided for in section 1861 of this title) be permitted --
(i) to board, and search or inspect, any such vessel at any time,
(ii) to make arrests and seizures provided for in section 1861(b) of
this title whenever such officer has reasonable cause to believe, as a
result of such a search or inspection, that any such vessel or any
person has committed an act prohibited by section 1857 of this title,
and
(iii) to examine and make notations on the permit issued pursuant to
section 1824 of this title for such vessel;
(B) the permit issued for any such vessel pursuant to section 1824 of
this title be prominently displayed in the wheelhouse of such vessel;
(C) transponders, or such other appropriate position-fixing and
identification equipment as the Secretary of the department in which the
Coast Guard is operating determines to be appropriate, be installed and
maintained in working order on each such vessel;
(D) United States observers required under subsection (i) of this
section be permitted to be stationed aboard any such vessel and that all
of the costs incurred incident to such stationing, including the costs
of data editing and entry and observer monitoring, be paid for, in
accordance with such subsection, by the owner or operator of the vessel;
(E) any fees required under section 1824(b)(10) of this title be paid
in advance;
(F) agents be appointed and maintained within the United States who
are authorized to receive and respond to any legal process issued in the
United States with respect to such owner or operator; and
(G) responsibility be assumed, in accordance with any requirements
prescribed by the Secretary, for the reimbursement of United States
citizens for any loss of, or damage to, their fishing vessels, fishing
gear, or catch which is caused by any fishing vessel of that nation;
and will abide by any other monitoring, compliance, or enforcement
requirement related to fishery conservation and management which is
included in such agreement.
(3) The foreign nation and the owners or operators of all of the
fishing vessels of such nation shall not, in any year, harvest an amount
of fish which exceeds such nation's allocation of the total allowable
level of foreign fishing, as determined under subsection (e) of this
section.
(4) The foreign nation will --
(A) apply, pursuant to section 1824 of this title, for any required
permits;
(B) deliver promptly to the owner or operator of the appropriate
fishing vessel any permit which is issued under that section for such
vessel;
(C) abide by, and take appropriate steps under its own laws to assure
that all such owners and operators comply with, section 1824(a) of this
title and the applicable conditions and restrictions established under
section 1824(b)(7) of this title; and
(D) take, or refrain from taking, as appropriate, actions of the kind
referred to in subsection (e)(1) of this section in order to receive
favorable allocations under such subsection.
(d) Total allowable level of foreign fishing
The total allowable level of foreign fishing, if any, with respect to
any fishery subject to the exclusive fishery management authority of the
United States, shall be that portion of the optimum yield of such
fishery which will not be harvested by vessels of the United States, as
determined in accordance with this chapter.
(e) Allocation of allowable level
(1)(A) The Secretary of State, in cooperation with the Secretary, may
make allocations to foreign nations from the total allowable level of
foreign fishing which is permitted with respect to each fishery subject
to the exclusive fishery management authority of the United States.
(B) From the determinations made under subparagraph (A), the
Secretary of State shall compute the aggregate of all of the fishery
allocations made to each foreign nation.
(C) The Secretary of State shall initially release to each foreign
nation for harvesting up to 50 percent of the allocations aggregate
computed for such nation under subparagraph (B), and such release of
allocation shall be apportioned by the Secretary of State, in
cooperation with the Secretary, among the individual fishery allocations
determined for that nation under subparagraph (A). The basis on which
each apportionment is made under this subparagraph shall be stated in
writing by the Secretary of State.
(D) After the initial release of fishery allocations under
subparagraph (C) to a foreign nation, any subsequent release of an
allocation for any fishery to such nation shall only be made --
(i) after the lapse of such period of time as may be sufficient for
purposes of making the determination required under clause (ii); and
(ii) if the Secretary of State and the Secretary, after taking into
account the size of the allocation for such fishery and the length and
timing of the fishing season, determine in writing that such nation is
complying with the purposes and intent of this paragraph with respect to
such fishery.
If the foreign nation is not determined under clause (ii) to be in
such compliance, the Secretary of State shall reduce, in a manner and
quantity he considers to be appropriate (I) the remainder of such
allocation, or (II) if all of such allocation has been released, the
next allocation of such fishery, if any, made to such nation.
(E) The determinations required to be made under subparagraphs (A)
and (D)(ii), and the apportionments required to be made under
subparagraph (C), with respect to a foreign nation shall be based on --
(i) whether, and to what extent, such nation imposes tariff barriers
or nontariff barriers on the importation, or otherwise restricts the
market access, of both United States fish and fishery products,
particularly fish and fishery products for which the foreign nation has
requested an allocation;
(ii) whether, and to what extent, such nation is cooperating with the
United States in both the advancement of existing and new opportunities
for fisheries exports from the United States through the purchase of
fishery products from United States processors, and the advancement of
fisheries trade through the purchase of fish and fishery products from
United States fishermen, particularly fish and fishery products for
which the foreign nation has requested an allocation;
(iii) whether, and to what extent, such nation and the fishing fleets
of such nation have cooperated with the United States in the enforcement
of United States fishing regulations;
(iv) whether, and to what extent, such nation requires the fish
harvested from the exclusive economic zone for its domestic consumption;
(v) whether, and to what extent, such nation otherwise contributes
to, or fosters the growth of, a sound and economic United States fishing
industry, including minimizing gear conflicts with fishing operations of
United States fishermen, and transferring harvesting or processing
technology which will benefit the United States fishing industry;
(vi) whether, and to what extent, the fishing vessels of such nation
have traditionally engaged in fishing in such fishery;
(vii) whether, and to what extent, such nation is cooperating with
the United States in, and making substantial contributions to, fishery
research and the identification of fishery resources; and
(viii) such other matters as the Secretary of State, in cooperation
with the Secretary, deems appropriate.
(2)(A) For the purposes of this paragraph --
(i) The term ''certification'' means a certification made by the
Secretary that nationals of a foreign country, directly or indirectly,
are conducting fishing operations or engaging in trade or taking which
diminishes the effectiveness of the International Convention for the
Regulation of Whaling. A certification under this section shall also be
deemed a certification for the purposes of section 1978(a) of title 22.
(ii) The term ''remedial period'' means the 365-day period beginning
on the date on which a certification is issued with respect to a foreign
country.
(B) If the Secretary issues a certification with respect to any
foreign country, then each allocation under paragraph (1) that --
(i) is in effect for that foreign country on the date of issuance;
or
(ii) is not in effect on such date but would, without regard to this
paragraph, be made to the foreign country within the remedial period;
shall be reduced by the Secretary of State, in consultation with the
Secretary, by not less than 50 percent.
(C) The following apply for purposes of administering subparagraph
(B) with respect to any foreign country:
(i) If on the date of certification, the foreign country has
harvested a portion, but not all, of the quantity of fish specified
under any allocation, the reduction under subparagraph (B) for that
allocation shall be applied with respect to the quantity not harvested
as of such date.
(ii) If the Secretary notified the Secretary of State that it is not
likely that the certification of the foreign country will be terminated
under section 1978(d) of title 22 before the close of the period for
which an allocation is applicable or before the close of the remedial
period (whichever close first occurs) the Secretary of State, in
consultation with the Secretary, shall reallocate any portion of any
reduction made under subparagraph (B) among one or more foreign
countries for which no certification is in effect.
(iii) If the certification is terminated under such section 1978(d)
of title 22 during the remedial period, the Secretary of State shall
return to the foreign country that portion of any allocation reduced
under subparagraph (B) that was not reallocated under clause (ii);
unless the harvesting of the fish covered by the allocation is otherwise
prohibited under this chapter.
(iv) The Secretary may refund or credit, by reason of reduction of
any allocation under this paragraph, any fee paid under section 1824 of
this title.
(D) If the certification of a foreign country is not terminated under
section 1978(d) of title 22 before the close of the last day of the
remedial period, the Secretary of State --
(i) with respect to any allocation made to that country and in effect
(as reduced under subparagraph (B)) on such last day, shall rescind,
effective on and after the day after such last day, any unharvested
portion of such allocation; and
(ii) may not thereafter make any allocation to that country under
paragraph (1) until the certification is terminated.
(f) Foreign allocation report
The Secretary and the Secretary of State shall prepare and submit a
report to the Congress and the President, not later than July 1 of each
year, setting forth --
(1) a list of species of all allocations made to foreign nations
pursuant to subsection (e) of this section and all permits issued
pursuant to section 1824(b)(6)(B) of this title; and
(2) all tariff and nontariff trade barriers imposed by such nations
on the importation of such species from the United States.
(g) Reciprocity
Foreign fishing shall not be authorized for the fishing vessels of
any foreign nation unless such nation satisfies the Secretary and the
Secretary of State that such nation extends substantially the same
fishing privileges to fishing vessels of the United States, if any, as
the United States extends to foreign fishing vessels.
(h) Preliminary fishery management plans
The Secretary, when notified by the Secretary of State that any
foreign nation has submitted an application under section 1824(b) of
this title shall prepare a preliminary fishery management plan for any
fishery covered by such application if the Secretary determines that no
fishery management plan for that fishery will be prepared and
implemented, pursuant to subchapter IV of this chapter, before March 1,
1977. To the extent practicable, each such plan --
(1) shall contain a preliminary description of the fishery and a
preliminary determination as to --
(A) the optimum yield from such fishery;
(B) when appropriate, the capacity and extent to which United States
fish processors will process that portion of such optimum yield that
will be harvested by vessels of the United States; and
(C) the total allowable level of foreign fishing with respect to such
fishery;
(2) shall require each foreign fishing vessel engaged or wishing to
engage in such fishery to obtain a permit from the Secretary;
(3) shall require the submission of pertinent data to the Secretary,
with respect to such fishery, as described in section 1853(a)(5) of this
title; and
(4) may, to the extent necessary to prevent irreversible effects from
overfishing, with respect to such fishery, contain conservation and
management measures applicable to foreign fishing which --
(A) are determined to be necessary and appropriate for the
conservation and management of such fishery,
(B) are consistent with the national standards, the other provisions
of this chapter, and other applicable law, and
(C) are described in section 1853(b)(2), (3), (4), (5), and (7) of
this title.
Each preliminary fishery management plan shall be in effect with
respect to foreign fishing for which permits have been issued until a
fishery management plan is prepared and implemented, pursuant to
subchapter IV of this chapter, with respect to such fishery. The
Secretary may, in accordance with section 553 of title 5, also prepare
and promulgate interim regulations with respect to any such preliminary
plan. Such regulations shall be in effect until regulations
implementing the applicable fishery management plan are promulgated
pursuant to section 1855 of this title.
(i) Full observer coverage program
(1)(A) Except as provided in paragraph (2), the Secretary shall
establish a program under which a United States observer will be
stationed aboard each foreign fishing vessel while that vessel is
engaged in fishing within the exclusive economic zone.
(B) The Secretary shall by regulation prescribe minimum health and
safety standards that shall be maintained aboard each foreign fishing
vessel with regard to the facilities provided for the quartering of, and
the carrying out of observer functions by, United States observers.
(2) The requirement in paragraph (1) that a United States observer be
placed aboard each foreign fishing vessel may be waived by the Secretary
if he finds that --
(A) in a situation where a fleet of harvesting vessels transfers its
catch taken within the exclusive economic zone to another vessel, aboard
which is a United States observer, the stationing of United States
observers on only a portion of the harvesting vessel fleet will provide
a representative sampling of the by-catch of the fleet that is
sufficient for purposes of determining whether the requirements of the
applicable management plans for the by-catch species are being complied
with;
(B) the time during which a foreign fishing vessel will engage in
fishing within the exclusive economic zone will be of such short
duration that the placing of a United States observer aboard the vessel
would be impractical; or
(C) for reasons beyond the control of the Secretary, an observer is
not available.
(3) Observers, while stationed aboard foreign fishing vessels, shall
carry out such scientific, compliance monitoring, and other functions as
the Secretary deems necessary or appropriate to carry out the purposes
of this chapter; and shall cooperate in carrying out such other
scientific programs relating to the conservation and management of
living resources as the Secretary deems appropriate.
(4) In addition to any fee imposed under section 1824(b)(10) of this
title and section 1980(e) of title 22 with respect to foreign fishing
for any year after 1980, the Secretary shall impose, with respect to
each foreign fishing vessel for which a permit is issued under such
section 1824 of this title, a surcharge in an amount sufficient to cover
all the costs of providing a United States observer aboard that vessel.
The failure to pay any surcharge imposed under this paragraph shall be
treated by the Secretary as a failure to pay the permit fee for such
vessel under section 1824(b)(10) of this title. All surcharges
collected by the Secretary under this paragraph shall be deposited in
the Foreign Fishing Observer Fund established by paragraph (5).
(5) There is established in the Treasury of the United States the
Foreign Fishing Observer Fund. The Fund shall be available to the
Secretary as a revolving fund for the purpose of carrying out this
subsection. The Fund shall consist of the surcharges deposited into it
as required under paragraph (4). All payments made by the Secretary to
carry out this subsection shall be paid from the Fund, only to the
extent and in the amounts provided for in advance in appropriation Acts.
Sums in the Fund which are not currently needed for the purposes of
this subsection shall be kept on deposit or invested in obligations of,
or guaranteed by, the United States.
(6) If at any time the requirement set forth in paragraph (1) cannot
be met because of insufficient appropriations, the Secretary shall, in
implementing a supplementary observer program:
(A) certify as observers, for the purposes of this subsection,
individuals who are citizens or nationals of the United States and who
have the requisite education or experience to carry out the functions
referred to in paragraph (3);
(B) establish standards of conduct for certified observers equivalent
to those applicable to Federal personnel;
(C) establish a reasonable schedule of fees that certified observers
or their agents shall be paid by the owners and operators of foreign
fishing vessels for observer services; and
(D) monitor the performance of observers to ensure that it meets the
purposes of this chapter.
(j) Recreational fishing
Notwithstanding any other provision of this subchapter, foreign
fishing vessels which are not operated for profit may engage in
recreational fishing within the exclusive economic zone and the waters
within the boundaries of a State subject to obtaining such permits,
paying such reasonable fees, and complying with such conditions and
restrictions as the Secretary and the Governor of the State (or his
designee) shall impose as being necessary or appropriate to insure that
the fishing activity of such foreign vessels within such zone or waters,
respectively, is consistent with all applicable Federal and State laws
and any applicable fishery management plan implemented under section
1855 of this title. The Secretary shall consult with the Secretary of
State and the Secretary of the Department in which the Coast Guard is
operating in formulating the conditions and restrictions to be applied
by the Secretary under the authority of this subsection.
(Pub. L. 94-265, title II, 201, Apr. 13, 1976, 90 Stat. 337; Pub.
L. 95-354, 4(1)-(4), Aug. 28, 1978, 92 Stat. 519, 520; Pub. L. 96-61,
3(a), Aug. 15, 1979, 93 Stat. 407; Pub. L. 96-118, 5, Nov. 16, 1979,
93 Stat. 860; Pub. L 96-561, title II, 230, 231(a), 236, Dec. 22,
1980, 94 Stat. 3296, 3297, 3299; Pub. L. 97-453, 2(a), Jan. 12, 1983,
96 Stat. 2481; Pub. L. 98-623, title IV, 404(1), (2), Nov. 8, 1984,
98 Stat. 3408; Pub. L. 99-386, title II, 206(a), Aug. 22, 1986, 100
Stat. 823; Pub. L. 99-659, title I, 101(c)(2), 103(a), Nov. 14, 1986,
100 Stat. 3707, 3708; Pub. L. 101-627, title I, 104, Nov. 28, 1990,
104 Stat. 4439; Pub. L. 102-251, title III, 301(d), Mar. 9, 1992, 106
Stat. 63.)
Pub. L. 102-251, title III, 301(d), 308, Mar. 9, 1992, 106 Stat.
63, 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, this section is amended:
(1) in subsection (a), (A) by inserting ''within the special areas,''
immediately before ''or for anadromous species'' and (B) by striking
''beyond the exclusive economic zone'' and inserting in lieu thereof
''beyond such zone or areas'';
(2) in subsection (e)(1)(E)(IV)(iv), by inserting ''or special
areas'' immediately after ''exclusive economic zone'';
(3) in subsection (i), (A) by inserting ''or special areas''
immediately before the period at the end of paragraph (1)(A), (B) by
inserting ''or special areas'' immediately after ''exclusive economic
zone'' in paragraph (2)(A), and (C) by inserting ''or special areas''
immediately after ''exclusive economic zone'' in paragraph (2)(B); and
(4) in subsection (j), (A) by inserting '', special areas,''
immediately after ''exclusive economic zone'', and (B) by inserting '',
areas,'' immediately after ''such zone''.
This chapter, referred to in subsecs. (c), (d), (e)(2)(C)(iii), (h),
and (i)(3), (6)(D), was in the original ''this Act'', meaning Pub. L.
94-265, Apr. 13, 1976, 90 Stat. 331, as amended, known as the Magnuson
Fishery Conservation and Management Act, which is classified principally
to this chapter. 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. (d). Pub. L. 101-627 amended subsec. (d) generally,
limiting the total allowable level of foreign fishing, with respect to
any fishery subject to the exclusive management authority of the United
States, to only that part of the potential fishery yield which is not
harvested by United States fishermen and deleting the alternative method
of determining the total allowable level of foreign fishing based on the
annual fishing level for each harvesting season after the 1980
harvesting season.
1986 -- Subsecs. (a), (e)(1)(E)(iv). Pub. L. 99-659, 101(c)(2),
substituted ''exclusive economic zone'' for ''fishery conservation
zone'' in two places.
Subsec. (f). Pub. L. 99-386 substituted ''The Secretary and the
Secretary of State shall'' for ''The Secretary of the Treasury, in
cooperation with the Secretary and the Secretary of State, shall''.
Subsec. (i)(1). Pub. L. 99-659, 101(c)(2), 103(a)(1), (2),
designated existing provisions as subpar. (A), substituted ''exclusive
economic zone'' for ''fishery conservation zone'', and added subpar.
(B).
Subsec. (i)(2)(A). Pub. L. 99-659, 101(c)(2), substituted
''exclusive economic zone'' for ''fishery conservation zone''.
Subsec. (i)(2)(B). Pub. L. 99-659, 103(a)(3), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''with
respect to any foreign fishing vessel while it is engaged in fishing
within the fishery conservation zone --
''(i) the time during which the vessel engages in such fishing will
be of such short duration that the placing of a United States observer
aboard the vessel would be impractical, or
''(ii) the facilities of the vessel for the quartering of a United
States observer, or for the carrying out of observer functions, are so
inadequate or unsafe that the health or safety of an observer would be
jeopardized; or''
Subsec. (j). Pub. L. 99-659, 101(c)(2), substituted ''exclusive
economic zone'' for ''fishery conservation zone''.
1984 -- Subsec. (d)(4). Pub. L. 98-623, 404(1), substituted ''may
allocate'' for ''shall allocate'' in provisions preceding subpar. (A).
Subsec. (e)(1)(A). Pub. L. 98-623, 404(2)(A), substituted ''may make
allocations to foreign nations from'' for ''shall determine the
allocation among foreign nations of''.
Subsec. (e)(1)(E)(i). Pub. L. 98-623, 404(2)(B), substituted ''both
United States fish and fishery products'' for ''United States fish or
fishery products'' and inserted '', particularly fish and fishery
products for which the foreign nation has requested an allocation''.
Subsec. (e)(1)(E)(ii). Pub. L. 98-623, 404(2)(C), amended provisions
generally, thereby substituting ''in both the advancement of existing
and new opportunities for fisheries exports from the United States
through the purchase of fishery products from United States processors,
and the advancement of fisheries trade through the purchase of fish and
fishery products from United States fishermen, particularly fish and
fishery products for which the foreign nation has requested an
allocation'' for ''in the advancement of existing and new opportunities
for fisheries trade, particularly through the purchase of fish or
fishery products from United States processors or from United States
fishermen''.
1983 -- Subsec. (c)(2)(D). Pub. L. 97-453, 2(a)(1), amended par.
(D) generally, substituting ''United States observers required under
subsection (i) of this section be permitted to be stationed aboard any
such vessel and that all of the costs incurred incident to such
stationing, including the costs of data editing and entry and observer
monitoring, be paid for, in accordance with such subsection, by the
owner or operator of the vessel'' for ''duly authorized United States
observers be permitted on board any such vessel and that the United
States be reimbursed for the cost of such observers''.
Subsec. (c)(4)(D). Pub. L. 97-453, 2(a)(2), added subpar. (D).
Subsec. (d)(4). Pub. L. 97-453, 2(a)(3), substituted ''may be
allocated'' for ''shall be allocated'' after ''then such portion or
part''.
Subsec. (e)(1). Pub. L. 97-453, 2(a)(4), designated first sentence
of existing provisions as subpar. (A), added subpars. (B), (C), and
(D), and redesignated former subpars. (A) through (H) as cls. (i)
through (viii) of subpar. (E), respectively.
Subsec. (i)(3). Pub. L. 97-453, 2(a)(5)(A)(i), substituted provision
that observers, while stationed aboard foreign fishing vessels, shall
carry out such scientific, compliance monitoring, and other functions as
the Secretary deems necessary or appropriate to carry out the purposes
of this chapter and shall cooperate in carrying out such other
scientific programs relating to the conservation and management of
living resources as the Secretary deems appropriate, for provision that
United States observers, while aboard foreign fishing vessels, were to
carry out such scientific and other functions as the Secretary deemed
necessary or appropriate to carry out the purposes of this chapter.
Subsec. (i)(6). Pub. L. 97-453, 2(a)(5)(A)(ii), added par. (6).
Subsec. (j). Pub. L. 97-453, 2(a)(6), added subsec. (j).
1980 -- Subsec. (d). Pub. L. 96-561, 230, designated existing
provision as par. (2), substituted provision prescribing the total
allowable level of foreign fishing with respect to any United States
fishery for each harvesting season after the 1980 harvesting season as
the level representing that portion of the optimum yield of such fishery
that will not be harvested by vessels of the United States as determined
in accordance with provisions of this chapter, other than those relating
to the determination of annual fishing levels, or the annual fishing
levels determined pursuant to par. (3) of this section for the
harvesting season for provision prescribing the total allowable level of
foreign fishing with respect to any fishery subject to the exclusive
fishery management authority of the United States as that portion of the
optimum yield of such fishery which will not be harvested by vessels of
the United States, as determined in accordance with provisions of this
chapter, and added pars. (1), (3), and (4).
Subsec. (e). Pub. L. 96-561, 231(a), substituted ''All such
determinations shall be made by the Secretary of State and the Secretary
on the basis of'' for ''In making any such determination, the Secretary
of State and the Secretary shall consider'', added subpars. (A), (B),
(D), and (E), redesignated former subpars. (A), (B), and (D) as (F),
(G), and (H), respectively, and in subpar. (C) substituted
determination where such nations and the fishing fleets of such nations
have cooperated with the United States in enforcement of United States
fishing regulations for determination where such nations have cooperated
with the United States in enforcement and with respect to conservation
and management of fishery resources.
Subsec. (i). Pub. L. 96-561, 236, added subsec. (i).
1979 -- Subsec. (e). Pub. L. 96-61 designated existing provisions as
par. (1), redesignated pars. (1) through (4) as subpars. (A) to (D),
and added par. (2).
Subsec. (e)(2)(D)(i). Pub. L. 96-118 substituted ''unharvested'' for
''harvested''.
1978 -- Subsec. (a)(2). Pub. L. 95-354, 4(1), substituted ''(g)''
for ''(f)''.
Subsec. (c)(3). Pub. L. 95-354, 4(2), substituted ''harvest an
amount of fish which exceeds'' for ''exceed''.
Subsecs. (f) to (h). Pub. L. 95-354, 4(3), (4), added subsec. (f),
redesignated former subsecs. (f) and (g) as (g) and (h), and in subsec.
(h)(1), as so redesignated, set out existing provisions as cls. (A)
and (C) and added cl. (B).
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.
Section 2(b) of Pub. L. 97-453 provided that: ''The amendments made
by subsection (a)(1) and (5)(A)(ii) (amending this section) shall take
effect January 1, 1984.''
Sections 231(b), 238(b) of Pub. L. 96-561 provided that: ''The
amendments made by subsection (a) (amending this section) shall apply
with respect to the 1981 harvesting season and harvesting seasons
thereafter (as defined in section 201(d)(1) of the Magnuson Fishery
Conservation and Management Act, as amended by section 301) (subsec.
(d)(1) of this section).''
Sections 237, 238(b) of Pub. L. 96-561 provided that: ''The
amendment made by section 236 (amending this section) shall take effect
October 1, 1981, and shall apply with respect to permits issued under
section 204 of the Magnuson Fishery Conservation and Management Act
(section 1824 of this title) after December 31, 1981.''
Pub. L. 100-629, 6, Nov. 7, 1988, 102 Stat. 3287, provided that:
''(a) The Secretary of State, the Secretary of Commerce, and the
Secretary of the department in which the Coast Guard is operating, as
appropriate, shall exercise their authority under section 201(c)(2)(C)
of the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1821) to require the use of transponders or other such appropriate
position-fixing and identification equipment on any vessel other than a
vessel of the United States engaged in fishing in the United States
Exclusive Economic Zone.
''(b) The Secretary of Commerce, after consultation with the
Secretary of Defense, the Secretary of State, and the Secretary of the
department in which the Coast Guard is operating shall report to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate within 180 days after the date of enactment
of this Act (Nov. 7, 1988) on the results of their compliance with
subsection (a).''
16 USC 1822. International fishery agreements
TITLE 16 -- CONSERVATION
(a) Negotiations
The Secretary of State --
(1) shall renegotiate treaties as provided for in subsection (b) of
this section;
(2) shall negotiate governing international fishery agreements
described in section 1821(c) of this title;
(3) may negotiate boundary agreements as provided for in subsection
(d) of this section;
(4) shall, upon the request of and in cooperation with the Secretary,
initiate and conduct negotiations for the purpose of entering into
international fishery agreements --
(A) which allow fishing vessels of the United States equitable access
to fish over which foreign nations assert exclusive fishery management
authority, and
(B) which provide for the conservation and management of anadromous
species and highly migratory species; and
(5) may enter into such other negotiations, not prohibited by
subsection (c) of this section, as may be necessary and appropriate to
further the purposes, policy, and provisions of this chapter.
(b) Treaty renegotiation
The Secretary of State, in cooperation with the Secretary, shall
initiate, promptly after April 13, 1976, the renegotiation of any treaty
which pertains to fishing within the exclusive economic zone (or within
the area that will constitute such zone after February 28, 1977), or for
anadromous species or Continental Shelf fishery resources beyond such
zone or area, and which is in any manner inconsistent with the purposes,
policy, or provisions of this chapter, in order to conform such treaty
to such purposes, policy, and provisions. It is the sense of Congress
that the United States shall withdraw from any such treaty, in
accordance with its provisions, if such treaty is not so renegotiated
within a reasonable period of time after April 13, 1976.
(c) International fishery agreements
No international fishery agreement (other than a treaty) which
pertains to foreign fishing within the exclusive economic zone (or
within the area that will constitute such zone after February 28, 1977),
or for anadromous species or Continental Shelf fishery resources beyond
such zone or area --
(1) which is in effect on June 1, 1976, may thereafter be renewed,
extended, or amended; or
(2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the provisions
of section 1821(c) of this title.
(d) Boundary negotiations
The Secretary of State, in cooperation with the Secretary, may
initiate and conduct negotiations with any adjacent or opposite foreign
nation to establish the boundaries of the exclusive economic zone of the
United States in relation to any such nation.
(e) Highly migratory species agreements
(1) Evaluation
The Secretary of State, in cooperation with the Secretary, shall
evaluate the effectiveness of each existing international fishery
agreement which pertains to fishing for highly migratory species. Such
evaluation shall consider whether the agreement provides for --
(A) the collection and analysis of necessary information for
effectively managing the fishery, including but not limited to
information about the number of vessels involved, the type and quantity
of fishing gear used, the species of fish involved and their location,
the catch and bycatch levels in the fishery, and the present and
probable future condition of any stock of fish involved;
(B) the establishment of measures applicable to the fishery which are
necessary and appropriate for the conservation and management of the
fishery resource involved;
(C) equitable arrangements which provide fishing vessels of the
United States with (i) access to the highly migratory species that are
the subject of the agreement and (ii) a portion of the allowable catch
that reflects the traditional participation by such vessels in the
fishery;
(D) effective enforcement of conservation and management measures and
access arrangements throughout the area of jurisdiction; and
(E) sufficient and dependable funding to implement the provisions of
the agreement, based on reasonable assessments of the benefits derived
by participating nations.
(2) Access negotiations
The Secretary of State, in cooperation with the Secretary, shall
initiate negotiations with respect to obtaining access for vessels of
the United States fishing for tuna species within the exclusive economic
zones of other nations on reasonable terms and conditions.
(3) Reports
The Secretary of State shall report to the Congress --
(A) within 12 months after November 28, 1990, on the results of the
evaluation required under paragraph (1), together with recommendations
for addressing any inadequacies identified; and
(B) within six months after November 28, 1990, on the results of the
access negotiations required under paragraph (2).
(4) Negotiation
The Secretary of State, in consultation with the Secretary, shall
undertake such negotiations with respect to international fishery
agreements on highly migratory species as are necessary to correct
inadequacies identified as a result of the evaluation conducted under
paragraph (1).
(5) South Pacific tuna treaty
It is the sense of the Congress that the United States Government
shall, at the earliest opportunity, begin negotiations for the purpose
of extending the Treaty on Fisheries Between the Governments of Certain
Pacific Island States and the Government of the United States of
America, signed at Port Moresby, Papua New Guinea, April 2, 1987, and it
/1/ Annexes, Schedules, and implementing agreements for an additional
term of 10 years on terms and conditions at least as favorable to
vessels of the United States and the United States Government.
(f) Nonrecognition
It is the sense of the Congress that the United States Government
shall not recognize the claim of any foreign nation to an exclusive
economic zone (or the equivalent) beyond such nation's territorial sea,
to the extent that such sea is recognized by the United States, if such
nation --
(1) fails to consider and take into account traditional fishing
activity of fishing vessels of the United States;
(2) fails to recognize and accept that highly migratory species are
to be managed by applicable international fishery agreements, whether or
not such nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States any conditions or
restrictions which are unrelated to fishery conservation and management.
(g) Fishery agreement with Russia
(1) The Secretary of State, in consultation with the Secretary, is
authorized to negotiate and conclude a fishery agreement with Russia of
a duration of no more than 3 years, pursuant to which --
(A) Russia will give United States fishing vessels the opportunity to
conduct traditional fisheries within waters claimed by the United States
prior to the conclusion of the Agreement between the United States of
America and the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990, west of the maritime boundary, including
the western special area described in Article 3(2) of the Agreement;
(B) the United States will give fishing vessels of Russia the
opportunity to conduct traditional fisheries within waters claimed by
the Union of Soviet Socialist Republics prior to the conclusion of the
Agreement referred to in subparagraph (A), east of the maritime
boundary, including the eastern special areas described in Article 3(1)
of the Agreement;
(C) catch data shall be made available to the government of the
country exercising fisheries jurisdiction over the waters in which the
catch occurred; and
(D) each country shall have the right to place observers on board
vessels of the other country and to board and inspect such vessels.
(2) Vessels operating under a fishery agreement negotiated and
concluded pursuant to paragraph (1) shall be subject to regulations and
permit requirements of the country in whose waters the fisheries are
conducted only to the extent such regulations and permit requirements
are specified in that agreement.
(3) The Secretary of Commerce may promulgate such regulations, in
accordance with section 553 of title 5, as may be necessary to carry out
the provisions of any fishery agreement negotiated and concluded
pursuant to paragraph (1).
(Pub. L. 94-265, title II, 202, Apr. 13, 1976, 90 Stat. 339; Pub.
L. 99-659, title I, 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L.
101-627, title I, 105(a), 120(a), Nov. 28, 1990, 104 Stat. 4439,
4459; Pub. L. 102-251, title III, 301(e), Mar. 9, 1992, 106 Stat. 63.)
Pub. L. 102-251, title III, 301(e)(1), (2), 308, Mar. 9, 1992, 106
Stat. 63, 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, this section is amended:
(1) in subsection (b), (A) by inserting ''or special areas''
immediately after ''February 28, 1977)'' and (B) by striking ''such zone
or area'' and inserting in lieu thereof ''such zone or areas''; and
(2) in subsection (c), (A) by inserting ''or special areas''
immediately after ''February 28, 1977)'' and (B) by striking ''such zone
or area'' and inserting in lieu thereof ''such zone or areas''.
1992 -- Subsec. (g). Pub. L. 102-251, 301(e)(3), added subsec.
(g).
1990 -- Subsec. (e). Pub. L. 101-627, 105(a), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-627, 120(a), substituted ''an exclusive
economic'' for ''a exclusive economic''.
Pub. L. 101-627, 105(a), redesignated former subsec. (e) as (f).
1986 -- Subsecs. (b) to (e). Pub. L. 99-659 substituted ''exclusive
economic zone'' for ''fishery conservation zone'' wherever appearing.
Amendment by section 301(e)(3) of Pub. L. 102-251 effective Mar. 9,
1992, and amendment by section 301(e)(1), (2), of 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.
Section 801 of Pub. L. 101-627 provided that:
''(a) Negotiations. -- Within 60 days after the date of enactment of
this Act (Nov. 28, 1990), the Secretary of State shall commence
negotiations with nations which import or export anadromous fish or
anadromous fish products for the purpose of securing general agreement
among such nations to implement effective measures to prohibit
international trade in anadromous fish or anadromous fish products
unless such fish or fish products are accompanied by a valid certificate
of legal origin attesting that the fish or fish product was lawfully
harvested --
''(1) within the jurisdiction of a nation having naturally occurring
or artificially established anadromous fish populations of the same
species as the imported or exported product; or
''(2) on the high seas according to an international agreement among
nations with jurisdiction over more than 1 percent of the stocks of
anadromous fish being so harvested.
''(b) Issuance of Certificates. -- For the purposes of subsection
(a), a valid certificate of legal origin may be issued only by a nation
which --
''(1) is the nation having jurisdiction over the vessel or other
means by which the fish or fish product was harvested; and
''(2) maintains regular harvests of anadromous fish in a manner
consistent with the criteria for lawful harvests set out in subsection
(a).
''(c) Bilateral or Multilateral Agreements. -- Efforts undertaken by
the Secretary of State pursuant to subsection (a) may, at the discretion
of the Secretary, be directed toward achieving either bilateral or
multilateral agreements, including trade agreements, whichever the
Secretary determines to be most likely to result in the earliest
possible date or dates of agreement by those nations which individually
have in excess of $1,000,000, or the equivalent, in import or export
trade in anadromous fish and anadromous fish products.
''(d) Regulations. -- The Secretary of Commerce shall, within 180
days after the date of enactment of this Act (Nov. 28, 1990), promulgate
regulations providing for --
''(1) the issuance of certificates of legal origin pursuant to
agreements under subsection (a) for anadromous fish and anadromous fish
products legally harvested by vessels of the United States;
''(2) the delegation of the authority to issue certificates of legal
origin to States, territories, or possessions of the United States which
the Secretary of Commerce determines to have implemented a program which
is sufficient to accomplish the purposes of subsection (a); and
''(3) an orderly transition to such regulations, sufficient to ensure
that United States commerce in anadromous fish and anadromous fish
products is not unduly disrupted.
''(e) Report Required. -- The Secretary of Commerce, after
consultation with the Secretary of the Treasury, shall, within 180 days
after the date of enactment of this Act (Nov. 28, 1990), submit to the
Congress a report --
''(1) making recommendations as to the need for the adoption of
United States import and export restrictions on anadromous fish and
anadromous fish products consistent with subsection (a); and
''(2) identifying, evaluating, and making recommendations regarding
any specific statutory or regulatory changes that may be necessary for
the adoption of such restrictions.
''(f) Certification. -- If, at any time following the promulgation of
the regulations required by subsection (d), the Secretary of Commerce
finds that any nation is engaging in trade in unlawfully taken
anadromous fish or anadromous fish products, the Secretary shall certify
that fact to the President, which certification shall be deemed to be a
certification for the purposes of section 8(a)(1) of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978(a)(1)).''
Pub. L. 100-220, title IV, Dec. 29, 1987, 101 Stat. 1477, provided
that:
''SEC. 4001. SHORT TITLE.
''This title may be cited as the 'Driftnet Impact Monitoring,
Assessment, and Control Act of 1987'.
''SEC. 4002. FINDINGS.
''The Congress finds that --
''(1) the use of long plastic driftnets is a fishing technique that
may result in the entanglement and death of enormous numbers of target
and nontarget marine resources in the waters of the North Pacific Ocean,
including the Bering Sea;
''(2) there is a pressing need for detailed and reliable information
on the number of marine resources that become entangled and die in
actively fished driftnets and in driftnets that are lost, abandoned, or
discarded; and
''(3) increased efforts are necessary to monitor, assess, and reduce
the adverse impacts of driftnets.
''SEC. 4003. DEFINITIONS.
''As used in this title --
''(1) Driftnet. -- The term 'driftnet' means a gillnet composed of a
panel of plastic webbing one and one-half miles or more in length.
''(2) Driftnet fishing. -- The term 'driftnet fishing' means a
fish-harvesting method in which a driftnet is placed in water and
allowed to drift with the currents and winds for the purpose of
entangling fish in the webbing.
''(3) Exclusive economic zone of the united states. -- The term
'exclusive economic zone of the United States' means the zone defined in
section 3(6) of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1802(b)).
''(4) Marine resources. -- The term 'marine resources' includes fish,
shellfish, marine mammals, seabirds, and other forms of marine life or
waterfowl.
''(5) Marine resources of the united states. -- The term 'marine
resources of the United States' means --
''(A) marine resources found in, or which breed within, areas subject
to the jurisdiction of the United States, including the exclusive
economic zone of the United States; and
''(B) species of fish, wherever found, that spawn in the fresh or
estuarine waters of the United States.
''(6) Secretary. -- The term 'Secretary' means the Secretary of
Commerce.
''SEC. 4004. MONITORING AGREEMENTS.
''(a) Negotiations. -- The Secretary, through the Secretary of State
and in consultation with the Secretary of the Interior, shall
immediately initiate, negotiations with each foreign government that
conducts, or authorizes its nationals to conduct, driftnet fishing that
results in the taking of marine resources of the United States in waters
of the North Pacific Ocean outside of the exclusive economic zone and
territorial sea of any nation, for the purpose of entering into
agreements for statistically reliable cooperative monitoring and
assessment of the numbers of marine resources of the United States
killed and retrieved, discarded, or lost by the foreign government's
driftnet fishing vessels. Such agreements shall provide for --
''(1) the use of a sufficient number of vessels from which scientists
of the United States and the foreign governments may observe and gather
statistically reliable information; and
''(2) appropriate methods for sharing equally the costs associated
with such activities.
''(b) Report. -- The Secretary, in consultation with the Secretary of
State, shall provide to the Congress not later than 1 year after the
date of enactment of this Act (Dec. 29, 1987) a full report on the
results of negotiations under this section.
''SEC. 4005. IMPACT REPORT.
''(a) In General. -- The Secretary shall provide to the Congress
within 1 year after the date of the enactment of this Act (Dec. 29,
1987), and at such other times thereafter as the Secretary considers
appropriate, a report identifying the nature, extent, and effects of
driftnet fishing in waters of the North Pacific Ocean on marine
resources of the United States. The report shall include the best
available information on --
''(1) the number and flag state of vessels involved;
''(2) the areas fished;
''(3) the length, width, and mesh size of driftnets used;
''(4) the number of marine resources of the United States killed by
such fishing;
''(5) the effect of seabird mortality, as determined by the Secretary
of the Interior, on seabird populations; and
''(6) any other information the Secretary considers appropriate.
''(b) Information From Foreign Governments. -- The Secretary, through
the Secretary of State, shall --
''(1) request relevant foreign governments to provide the information
described in subsection (a), and
''(2) include in a report under this section the information so
provided and an evaluation of the adequacy and reliability of such
information.
''SEC. 4006. ENFORCEMENT AGREEMENTS.
''(a) Negotiations. -- The Secretary shall immediately initiate,
through the Secretary of State and in consultation with the Secretary of
the Department in which the Coast Guard is operating negotiations with
each foreign government that conducts, or authorizes its nationals to
conduct, driftnet fishing that results in the taking of marine resources
of the United States in waters of the North Pacific Ocean outside of the
exclusive economic zone and territorial sea of any nation, for the
purpose of entering into agreements for effective enforcement of laws,
regulations, and agreements applicable to the location, season, and
other aspects of the operations of the foreign government's driftnet
fishing vessels. Such agreements shall include measures for --
''(1) the effective monitoring and detection of violations;
''(2) the collection and presentation of such evidence of violations
as may be necessary for the successful prosecution of such violations by
the responsible authorities;
''(3) reporting to the United States of penalties imposed by the
foreign governments for violations; and
''(4) appropriate methods for sharing equally the costs associated
with such activities.
''(b) Certification for Purposes of Fishermen's Protective Act of
1967. -- If the Secretary, in consultation with the Secretary of State,
determines that a foreign government has failed, within 18 months after
the date of the enactment of this Act (Dec. 29, 1987), to enter into and
implement an agreement under subsection (a) or section 4004(a) that is
adequate, the Secretary shall certify such fact to the President, which
certification shall be deemed to be a certification for the purposes of
section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).
''SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.
''(a) Marking, Registry, and Identification System. -- The Secretary
shall evaluate, in consultation with officials of other Federal agencies
and such other persons as may be appropriate, the feasibility of and
develop recommendations for the establishment of a driftnet marking,
registry, and identification system to provide a reliable method for the
determination of the origin by vessel, of lost, discarded, or abandoned
driftnets and fragments of driftnets. In conducting such evaluation,
the Secretary shall consider the adequacy of existing driftnet
identification systems of foreign nations and the extent to which these
systems achieve the objectives of this title.
''(b) Alternative Driftnet Materials. -- The Secretary, in
consultation with such other persons as may be appropriate, shall
evaluate the feasibility of, and develop appropriate recommendations
for, the use of alternative materials in driftnets for the purpose of
increasing the rate of decomposition of driftnets that are discarded or
lost at sea.
''(c) Driftnet Bounty System. -- The Secretary, in consultation with
such other persons as may be appropriate, shall evaluate the feasibility
of and develop appropriate recommendations for the implementation of a
driftnet bounty system to pay persons who retrieve from the exclusive
economic zone and deposit with the Secretary lost, abandoned, and
discarded driftnet and other plastic fishing material.
''(d) Driftnet Fishing Vessel Tracking System. -- The Secretary, in
consultation with such other persons as may be appropriate, shall
evaluate the feasibility of, and develop appropriate recommendations
for, the establishment of a cooperative driftnet fishing vessel tracking
system to facilitate efforts to monitor the location of driftnet fishing
vessels.
''(e) Report. -- The Secretary shall transmit to the Congress not
later than 18 months after the date of the enactment of this Act (Dec.
29, 1987) a report setting forth --
''(1) the evaluations and recommendations developed under subsections
(a), (b), (c), and (d);
''(2) the most effective and appropriate means of implementing such
recommendations;
''(3) any need for further research and development efforts and the
estimated cost and time required for completion of such efforts; and
''(4) any need for legislation to provide authority to carry out such
recommendations.
''SEC. 4008. CONSTRUCTION WITH OTHER LAWS.
''This title (this note) shall not serve or be construed to expand or
diminish the sovereign rights of the United States, as stated by
Presidential Proclamation Numbered 5030, dated March 10, 1983 (16 U.S.C.
1453 note), and reflected in existing law on the date of the enactment
of this Act (Dec. 29, 1987).
''SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated to the Department of
Commerce and the Department of State, such sums as may be necessary to
carry out the purposes of this title.''
/1/ So in original.
16 USC 1823. Congressional oversight of governing international
fishery agreements
TITLE 16 -- CONSERVATION
(a) In general
No governing international fishery agreement shall become effective
with respect to the United States before the close of the first 60
calendar days of continuous session of the Congress after the date on
which the President transmits to the House of Representatives and to the
Senate a document setting forth the text of such governing international
fishery agreement. A copy of the document shall be delivered to each
House of Congress on the same day and shall be delivered to the Clerk of
the House of Representatives, if the House is not in session, and to the
Secretary of the Senate, if the Senate is not in session.
(b) Referral to committees
Any document described in subsection (a) of this section shall be
immediately referred in the House of Representatives to the Committee on
Merchant Marine and Fisheries, and in the Senate to the Committees on
Commerce and Foreign Relations.
(c) Computation of 60-day period
For purposes of subsection (a) of this section --
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain are excluded in the
computation of the 60-day period.
(d) Congressional procedures
(1) Rules of the House of Representatives and Senate
The provisions of this section are enacted by the Congress --
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and they are deemed a part
of the rules of each House, respectively, but applicable only with
respect to the procedure to be followed in that House in the case of
fishery agreement resolutions described in paragraph (2), and they
supersede other rules only to the extent that they are inconsistent
therewith; and
(B) with full recognition of the constitutional right of either House
to change the rules (so far as they relate to the procedure of that
House) at any time, and in the same manner and to the same extent as in
the case of any other rule of that House.
(2) ''Fishery agreement resolution'' defined
For purposes of this subsection, the term ''fishery agreement
resolution'' refers to a joint resolution of either House of Congress --
(A) the effect of which is to prohibit the entering into force and
effect of any governing international fishery agreement the text of
which is transmitted to the Congress pursuant to subsection (a) of this
section; and
(B) which is reported from the Committee on Merchant Marine and
Fisheries of the House of Representatives or the Committee on Commerce
or the Committee on Foreign Relations of the Senate, not later than 45
days after the date on which the document described in subsection (a) of
this section relating to that agreement is transmitted to the Congress.
(3) Placement on calendar
Any fishery agreement resolution upon being reported shall
immediately be placed on the appropriate calendar.
(4) Floor consideration in the House
(A) A motion in the House of Representatives to proceed to the
consideration of any fishery agreement resolution shall be highly
privileged and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on any fishery agreement
resolution shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the
resolution. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit any fishery agreement
resolution or to move to reconsider the vote by which any fishery
agreement resolution is agreed to or disagreed to.
(C) Motions to postpone, made in the House of Representatives with
respect to the consideration of any fishery agreement resolution, and
motions to proceed to the consideration of other business, shall be
decided without debate.
(D) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to any fishery agreement resolution shall be decided
without debate.
(E) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of any fishery agreement
resolution shall be governed by the Rules of the House of
Representatives applicable to other bills and resolutions in similar
circumstances.
(5) Floor consideration in the Senate
(A) A motion in the Senate to proceed to the consideration of any
fishery agreement resolution shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(B) Debate in the Senate on any fishery agreement resolution and on
all debatable motions and appeals in connection therewith shall be
limited to not more than 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the minority leader
or their designees.
(C) Debate in the Senate on any debatable motion or appeal in
connection with any fishery agreement resolution shall be limited to not
more than 1 hour, to be equally divided between, and controlled by, the
mover of the motion or appeal and the manager of the resolution, except
that if the manager of the resolution is in favor of any such motion or
appeal, the time in opposition thereto shall be controlled by the
minority leader or his designee. The majority leader and the minority
leader, or either of them, may allot additional time to any Senator
during the consideration of any debatable motion or appeal, from time
under their control with respect to the applicable fishery agreement
resolution.
(D) A motion in the Senate to further limit debate is not debatable.
A motion to recommit any fishery agreement resolution is not in order.
(Pub. L. 94-265, title II, 203, Apr. 13, 1976, 90 Stat. 340.)
Committee on Commerce of the Senate, referred to in subsec. (b),
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.
Pub. L. 102-587, title I, 1001, Nov. 4, 1992, 106 Stat. 5039,
provided that: ''Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United
States of America and the Government of the Republic of Estonia, as
contained in the message to Congress from the President of the United
States dated June 24, 1992, is approved by the Congress as a governing
international fishery agreement for the purposes of such Act (16 U.S.C.
1801 et seq.) and shall enter into force and effect with respect to the
United States on the date of enactment of this title (Nov. 4, 1992).''
Pub. L. 102-582, title III, Nov. 2, 1992, 106 Stat. 4906, provided
that:
''SEC. 301. SHORT TITLE.
''This title may be cited as the 'Central Bering Sea Fisheries
Enforcement Act of 1992'.
''SEC. 302. PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND
NATIONALS.
''(a) Prohibition. -- Vessels and nationals of the United States are
prohibited from conducting fishing operations in the Central Bering Sea,
except where such fishing operations are conducted in accordance with an
international fishery agreement to which the United States and the
Russian Federation are parties.
''(b) Civil Penalties and Permit Sanctions. -- A violation of this
section shall be subject to civil penalties and permit sanctions under
section 308 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1858).
''SEC. 303. PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.
''(a) Denial of Port Privileges. -- The Secretary of the Treasury
shall, after December 31, 1992, in accordance with recognized principles
of international law --
''(1) withhold or revoke the clearance required by section 4197 of
the Revised Statutes of the United States (46 App. U.S.C. 91) for any
fishing vessel documented under the laws of a nation that is included on
a list published under subsection (b); and
''(2) deny entry of such fishing vessel to any place in the United
States and to the navigable waters of the United States.
''(b) Publication of List. -- Not later than forty-five days after
the date of enactment of this Act (Nov. 2, 1992), the Secretary of
Commerce, in consultation with the Secretary of State and the Secretary
of the department in which the Coast Guard is operating, shall publish
in the Federal Register a list of nations whose nationals or vessels
conduct fishing operations in the Central Bering Sea, except where such
fishing operations are in accordance with an international fishery
agreement to which the United States and the Russian Federation are
parties. The Secretary shall publish as an addendum to the list the
name of each vessel documented under the laws of each listed nation
which conducts fishing operations in the Central Bering Sea. A revised
list shall be published whenever the list is no longer accurate, except
that a nation may not be removed from the list unless --
''(1) the nationals and vessels of that nation have not conducted
fishing operations in the Central Bering Sea for the previous ninety
days and the nation has committed, through a bilateral agreement with
the United States or in any other manner acceptable to the Secretary of
Commerce, not to permit its nationals or vessels to resume such fishing
operations; or
''(2) the nationals and vessels of that nation are conducting fishing
operations in the Central Bering Sea that are in accordance with an
international fishery agreement to which the United States and the
Russian Federation are parties.
''(c) Notification of Nation. -- Before the publication of a list of
nations under subsection (b), the Secretary of State shall notify each
nation included on that list and explain the requirement to deny the
port privileges of fishing vessels of that nation under subsection (a)
as a result of such publication.
''SEC. 304. DURATION OF PORT PRIVILEGES DENIAL.
''Any denial of port privileges under section 303 with respect to any
fishing vessel of a nation shall remain in effect until such nation is
no longer listed under section 303(b).
''SEC. 305. RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE
ECONOMIC ZONE.
''(a) Regulations. -- Within one hundred and eighty days after the
date of enactment of this Act (Nov. 2, 1992), after notice and public
comment, the Secretary of Commerce shall issue regulations, under the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) and any other applicable law, to prohibit --
''(1) any permitted fishing vessel from catching, taking, or
harvesting fish in a fishery under the geographical authority of the
North Pacific Fishery Management Council if such vessel is owned or
controlled by any person that also owns or controls a fishing vessel
that is listed on the addendum under section 303(b);
''(2) any processing facility from receiving any fish caught, taken,
or harvested in a fishery under the geographical authority of the North
Pacific Fishery Management Council if such facility is owned or
controlled by any person that also owns or controls a fishing vessel
that is listed on the addendum under section 303(b); and
''(3) any permitted fishing vessel from delivering fish caught,
taken, or harvested in a fishery under the geographic authority of the
North Pacific Fishery Management Council to a processing facility that
is owned or controlled by any person that also owns or controls a
fishing vessel that is listed on the addendum under section 303(b).
''(b) Requirement for Submission of Documents. -- The Secretary of
Commerce shall require under any regulations issued under subsection (a)
the submission of any affidavits, financial statements, corporate
agreements, and other documents that the Secretary of Commerce
determines, after notice and public comment, are necessary to ensure
that all vessels and processing facilities are in compliance with this
section.
''(c) Appeals; Duration of Prohibitions. -- The regulations issued
under subsection (a) shall --
''(1) establish procedures for a person to appeal a decision to
impose a prohibition under subsection (a) on a vessel or processing
facility owned or controlled by that person; and
''(2) specify procedures for the removal of any prohibition imposed
on a vessel or processing facility under subsection (a) --
''(A) upon publication of a revised list under section 303(b), and a
revised addendum which does not include a fishing vessel owned or
controlled by the person who also owns or controls the vessel or
facility to which the prohibition applies; or
''(B) on the date that is ninety days after such person terminates
ownership and control in fishing vessels that are listed on the addendum
under section 303(b).
''SEC. 306. DEFINITIONS.
''In this title, the following definitions apply:
''(1) Central bering sea. -- The term 'Central Bering Sea' means the
central Bering Sea area which is more than two hundred nautical miles
seaward of the baselines from which the breadth of the territorial seas
of the United States and the Russian Federation are measured.
''(2) Fishing vessel. -- The term 'fishing vessel' means any vessel
which is used for --
''(A) catching, taking, or harvesting fish; or
''(B) aiding or assisting one or more vessels at sea in the
performance of fishing operations, including preparation, supply,
storage, refrigeration, transportation, or processing.
''(3) Owns or controls. -- When used in reference to a vessel or
processing facility --
''(A) the term 'owns' means holding legal title to the vessel or
processing facility; and
''(B) the term 'controls' includes an absolute right to direct the
business of the person owning the vessel or processing facility, to
limit the actions of or replace the chief executive officer (by whatever
title), a majority of the board of directors, or any general partner (as
applicable) of such person, to direct the transfer or operations of the
vessel or processing facility, or otherwise to exercise authority over
the business of such person, but the term does not include the right
simply to participate in those activities of such person or the right to
receive a financial return, such as interest or the equivalent of
interest, on a loan or other financing obligation.
''(4) Permitted fishing vessel. -- The term 'permitted fishing
vessel' means any fishing vessel that is subject to a permit issued by
the Secretary of Commerce under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
''(5) Person. -- The term 'person' means any individual (whether or
not a citizen of the United States), any corporation, partnership,
association, cooperative, or other entity (whether or not organized
under the laws of any State), and any State, local, or foreign
government, or any entity of such government or the Federal Government.
''(6) Processing facility. -- The term 'processing facility' means
any fish processing establishment or fish processing vessel that
receives unprocessed fish.
''SEC. 307. TERMINATION.
''This title shall cease to have force and effect after the date that
is seven years after the date of enactment of this Act (Nov. 2, 1992),
except that any proceeding with respect to violations of section 302
occurring prior to such termination date shall be conducted as if that
section were still in effect.''
Pub. L. 100-629, 5, Nov. 7, 1988, 102 Stat. 3287, provided that:
''(a) In General. -- The Secretary of State shall establish an
advisory body on the fisheries of the North Pacific and the Bering Sea,
which shall advise the United States representative to the International
Consultative Committee created in accordance with Article XIV of the
governing international fishery agreement entered into between the
United States and the Union of Soviet Socialist Republics, as contained
in the message to Congress from the President of the United States dated
June 22, 1988.
''(b) Membership. --
''(1) In General. -- The advisory body established pursuant to this
section shall consist of 12 members, as follows:
''(A) The Director of the Department of Fisheries of the State of
Washington.
''(B) The Commission of the Department of Fish and Game of the State
of Alaska.
''(C) Five members appointed by the Secretary of State from among
persons nominated by the Governor of Alaska on the basis of their
knowledge and experience in commercial harvesting, processing, or
marketing of fishery resources.
''(D) Five members appointed by the Secretary of State from among
persons nominated by the Governor of Washington on the basis of their
knowledge and experience in commercial harvesting, processing, or
marketing of fishery resources.
''(2) Nominations. -- The Governor of Alaska and the Governor of
Washington shall each nominate 10 persons for purposes of paragraph (1).
''(c) Pay. -- Members of the advisory body established pursuant to
this section shall receive no pay by reason of their service as members
of the advisory body.
''(d) Exemption From Federal Advisory Committee Act. -- The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to an
advisory body established pursuant to this section.''
Pub. L. 100-629, 1, Nov. 7, 1988, 102 Stat. 3286, provided:
''That notwithstanding any provision of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), the governing
international fishery agreement entered into between the Government of
the United States and the Government of the Union of Soviet Socialist
Republics, as contained in the message to Congress from the President of
the United States dated June 22, 1988, is approved by the Congress and
shall enter into force and effect with respect to the United States on
the date of the enactment of this Act (Nov. 7, 1988).''
Pub. L. 100-350, 1, June 27, 1988, 102 Stat. 660, provided: ''That
notwithstanding section 203 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1823), the extension of the governing
international fishery agreement between the Government of the United
States of America and the Government of the German Democratic Republic,
as contained in the message to Congress from the President of the United
States, dated May 3, 1988 --
''(1) is approved by Congress as a governing international fishery
agreement for the purposes of such Act (16 U.S.C. 1801 et seq.); and
''(2) shall enter into force and effect with respect to the United
States on the date of enactment of this Act (June 27, 1988).''
Pub. L. 101-224, 7, Dec. 12, 1989, 103 Stat. 1907, provided that:
''Notwithstanding any provision of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), the governing international
fishery agreement entered into between the Government of the United
States and the Government of Japan, as contained in the message to the
Congress from the President of the United States dated October 30, 1989,
is approved by the Congress and shall enter into force and effect with
respect to the United States on the date of enactment of this Act (Dec.
12, 1989).''
Pub. L. 100-220, title I, 1001, Dec. 29, 1987, 101 Stat. 1459,
provided that: ''Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United
States of America and the Government of Japan Concerning Fisheries Off
the Coasts of the United States, as contained in the message to Congress
from the President of the United States, dated November 17, 1987 --
''(1) is approved by Congress as a governing international fishery
agreement for the purposes of such Act (16 U.S.C. 1801 et seq.); and
''(2) shall enter into force and effect with respect to the United
States on the date of the enactment of this Act (Dec. 29, 1987).''
Pub. L. 98-623, title I, Nov. 8, 1984, 98 Stat. 3394, provided
that: ''Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1823) (this section) --
''(1) the governing international fishery agreement between the
Government of the United States and the European Economic Community
Concerning Fisheries Off the Coasts of the United States, as contained
in the Message to Congress from the President of the United States dated
August 27, 1984, is hereby approved by Congress as a governing
international fishery agreement for purposes of that Act (this chapter),
and may enter into force with respect to the United States in accordance
with the terms of Article XIX of the agreement after the date of the
enactment of this title (Nov. 8, 1984), upon signature of the agreement
by both parties; and
''(2) the governing international fishery agreement between the
Government of the United States and the Government of the Republic of
Iceland Concerning Fisheries Off the Coasts of the United States, as
contained in the message to Congress from the President of the United
States dated September 29, 1984, is hereby approved by Congress as a
governing international fishery agreement for purposes of that Act (this
chapter), and may enter into force with respect to the United States in
accordance with the terms of Article XVI of the agreement after the date
of the enactment of this title (Nov. 8, 1984).''
Pub. L. 98-498, title IV, 440, Oct. 19, 1984, 98 Stat. 2310,
provided that: ''Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act of 1976 (this section), the Governing
International Fishery Agreement between the Government of the United
States of America of the One Part and the Home Government of the Faroe
Islands and the Government of Denmark of the Other Part Concerning
Faroese Fishing in Fisheries Off the Coasts of the United States, as
contained in the message to Congress from the President of the United
States dated July 13, 1984 --
''(1) is approved by Congress as a governing international fishery
agreement for purposes of that Act (this chapter); and
''(2) may enter into force with respect to the United States in
accordance with the terms of Article XVI of the Agreement following the
enactment of this title (Oct. 19, 1984).''
Pub. L. 97-389, title IV, 401, Dec. 29, 1982, 96 Stat. 1954,
provided that: ''Notwithstanding any other provision of law, the
governing international fishery agreement entered into between the
Government of the United States and the Government of Japan pursuant to
the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C.
1801 et seq.) signed at Washington on September 10, 1982, is approved,
and shall become effective on January 1, 1983.''
Pub. L. 97-389, title IV, 402, Dec. 29, 1982, 96 Stat. 1954,
provided that: ''Notwithstanding any other provision of law, the
governing international fishery agreement entered into between the
Government of the United States and the Government of Spain pursuant to
the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C.
1801 et seq.) signed on July 29, 1982, is approved.''
Pub. L. 96-561, title I, 145, title II, 238(b), Dec. 22, 1980, 94
Stat. 3287, 3300, provided that: ''Notwithstanding section 203 of the
Magnuson Fishery Conservation and Management Act (this section), the
governing international fishery agreement between the Government of the
United States of America and the Government of Portugal Concerning
Fisheries Off the Coasts of the United States, as contained in the
message to Congress from the President of the United States dated
December 1, 1980 --
''(1) is hereby approved by Congress as a governing international
fishery agreement for the purposes of such Act (this chapter); and
''(2) shall enter into force and effect with respect to the United
States on the date of the enactment of this title (Dec. 22, 1980).''
Pub. L. 100-66, 1, July 10, 1987, 101 Stat. 384, provided that:
''Notwithstanding any provision of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), the governing international
fishery agreement entered into between the Government of the United
States and the Government of the Republic of Korea on July 26, 1982,
shall remain in force and effect with respect to the United States until
the closing date of the sixty-day period referred to in section 203(a)
of such Act (16 U.S.C. 1823(a)) that applies with respect to any new
governing international fishery agreement between the United States and
the Republic of Korea that is transmitted to the Congress under section
203(a) after May 1, 1987, or November 1, 1987, whichever is earlier.''
Pub. L. 98-364, title I, 106, July 17, 1984, 98 Stat. 442, provided
that: ''Notwithstanding any provision of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon
certification by the Secretary of State to the President of the Senate
and the Speaker of the House of Representatives that a new governing
international fishery agreement in conformity with such Act has been
negotiated by the United States and the European Economic Community, the
existing governing international fishery agreement referred to in
section 2(a)(7) of the Fishery Conservation Zone Transition Act (16
U.S.C. 1823, note) (Pub. L. 95-6) may be extended or reinstated, as the
case may be, and may be in force and effect with respect to the United
States, for the period of time ending on the earlier of (1) the
effective date of the new governing international fishery agreement, or
(2) September 30, 1984.''
Pub. L. 97-212, 10(b), June 30, 1982, 96 Stat. 148, provided that:
''Notwithstanding any provision of the Act entitled 'An Act for the
conservation and management of the fisheries, and for other purposes',
dated April 13, 1976 (16 U.S.C. 1801 et seq.), the governing
international fishery agreements referred to in section 2(a)(9) and (10)
of the Fishery Conservation Zone Transition Act (Pub. L. 95-6, set out
as a note below) shall be extended, and shall be in force and effect
with respect to the United States, for the period of time ending on --
''(1) the deadline for completion of Congressional review, pursuant
to section 203(a) of such 1976 Act (subsec. (a) of this section), of any
new governing international fishery agreement signed, on or before July
31, 1982, by the United States and the respective foreign government
that is a party to the agreement in question; or
''(2) July 31, 1982, if the United States and the respective foreign
government that is a party to the agreement in question fail to sign a
new governing international fishery agreement on or before that date.''
Pub. L. 95-6, 2, Feb. 21, 1977, 91 Stat. 15, as amended by Pub.
L. 95-8, 1, Mar. 3, 1977, 91 Stat. 18; Pub. L. 95-219, 1, Dec. 28,
1977, 91 Stat. 1613; Pub. L. 96-561, title II, 238(b), Dec. 22,
1980, 94 Stat. 3300; Pub. L. 97-212, 10(a), June 30, 1982, 96 Stat.
148; Pub. L. 98-44, title I, 105, July 12, 1983, 97 Stat. 217; Pub.
L. 98-364, title I, 105, July 17, 1984, 98 Stat. 442, provided that:
''(a) Notwithstanding section 203 of the Magnuson Fishery
Conservation and Management Act (this section), the governing
international fishery agreement between the Government of the United
States of America and --
''(1) the Government of the People's Republic of Bulgaria Concerning
Fisheries Off the Coasts of the United States, as contained in the
message to Congress from the President of the United States dated
January 14, 1974;
''(2) the Government of the Socialist Republic of Romania Concerning
Fisheries Off the Coasts of the United States, as contained in the
message to Congress from the President of the United States dated
January 10, 1977;
''(3) the Government of the Republic of China Concerning Fisheries
Off the Coasts of the United States, as contained in the message to
Congress from the President of the United States dated January 10, 1977;
''(4) the Government of the German Democratic Republic Concerning
Fisheries Off the Coasts of the United States, as contained in the
message to Congress from the President of the United States dated
January 10, 1977;
''(5) the Government of the Union of Soviet Socialist Republics
Concerning Fisheries Off the Coasts of the United States, as contained
in the message to Congress from the President of the United States dated
January 10, 1977;
''(6) the Government of the Polish People's Republic Concerning
Fisheries Off the Coasts of the United States, as contained in the
message to Congress from the President of the United States dated
September 16, 1976;
''(7) the European Economic Community Concerning Fisheries Off the
Coasts of the United States, as contained in the message to Congress
from the President of the United States dated February 21, 1977;
''(8) the Government of Japan Concerning Fisheries Off the Coasts of
the United States (for 1977), as contained in the message to Congress
from the President of the United States dated February 21, 1977;
''(9) the Government of the Republic of Korea Concerning Fisheries
Off the Coasts of the United States, as contained in the message to
Congress from the President of the United States dated February 21,
1977;
''(10) the Government of Spain Concerning Fisheries Off the Coasts of
the United States, as contained in the message to Congress from the
President of the United States dated February 21, 1977; and
''(11) the Government of Mexico Concerning Fisheries Off the Coasts
of the United States, as contained in the message to Congress from the
President of the United States dated October 7, 1977;
is hereby approved by the Congress as a governing international
fishery agreement for purposes of the Magnuson Fishery Conservation and
Management Act (section 1801 et seq. of this title). Each such
agreement referred to in paragraphs (1) through (6) shall enter into
force and effect with respect to the United States on the date of the
enactment of this joint resolution (Feb. 21, 1977), and each such
agreement referred to in paragraphs (7) through (11) shall enter into
force and effect with respect to the United States on February 27, 1977.
''(b) Notwithstanding such section 203 (this section) --
''(1) the governing international fishery agreement referred to in
subsection (a)(5), as extended until July 1, 1983 pursuant to the
Diplomatic Notes referred to in the message to the Congress from the
President of the United States dated May 11, 1982, is hereby approved by
the Congress as a governing international fishery agreement for the
purposes of such Act of 1976 (this chapter);
''(2) the governing international fishery agreement between the
American Institute in Taiwan and the Coordination Council for North
American Affairs, as contained in the message to the House of
Representatives and the Senate from the Secretary of State dated June
15, 1982, is hereby approved by the Congress as a governing
international fishery agreement for the purposes of the Act of 1976
(this chapter); and
''(3) the governing international fishery agreement referred to in
subsection (a)(6), as extended until July 1, 1983 pursuant to the
Diplomatic Notes referred to in the message to the Congress from the
President of the United States dated June 21, 1982, is hereby approved
by the Congress as a governing international fishery agreement for the
purposes of such Act of 1976 (this chapter).
Each such governing international fishery agreement shall enter into
force and effect with respect to the United States on July 1, 1982.
''(c) Notwithstanding such section 203 (this section) --
''(1) the governing international fishery agreement referred to in
subsection (a)(5), as extended until December 31, 1985, pursuant to the
Diplomatic Notes referred to in the message to the Congress from the
President of the United States dated May 8, 1984, is hereby approved by
the Congress as a governing international fishery agreement for the
purposes of such Act of 1976 (this chapter);
''(2) the governing international fishery agreement referred to in
subsection (a)(6), as extended until December 31, 1985, pursuant to the
Diplomatic Notes referred to in the message to the Congress from the
President of the United States dated May 7, 1984, is hereby approved by
the Congress as a governing international fishery agreement for the
purposes of such Act of 1976 (this chapter); and
''(3) the governing international fishery agreement referred to in
subsection (a)(4), as contained in the message to the House of
Representatives and the Senate from the President of the United States
dated May 3, 1983, is hereby approved by the Congress as a governing
international fishery agreement for the purposes of such Act of 1976
(this chapter).
The government international fishery agreements referred to in
paragraphs (1) and (2) shall enter into force and effect with respect to
the United States on July 1, 1984; and the governing international
fishery agreement referred to in paragraph (3) shall enter into force
and effect with respect to the United States on July 1, 1983.''
Pub. L. 95-219, 2, Dec. 28, 1977, 91 Stat. 1613, provided that:
''The amendments made by the first section of this Act (adding par.
(11) and amending provisions following par. (11)) shall take effect
February 27, 1977.''
Pub. L. 95-8, 2, Mar. 3, 1977, 91 Stat. 18, provided that: ''The
amendments made by the first section of this Act (adding pars. (7) to
(10) and amending provisions following par. (10)) shall take effect
February 27, 1977.''
Pub. L. 95-6, 5, as added Pub. L. 95-73, July 27, 1977, 91 Stat.
283, and amended Pub. L. 95-314, July 1, 1978, 92 Stat. 376; Pub. L.
96-561, title II, 238(b), Dec. 22, 1980, 94 Stat. 3300, provided
that:
''(a) Congressional Approval. -- The Congress hereby approves the
Reciprocal Fisheries Agreement for 1978 between the Government of the
United States and the Government of Canada (hereinafter in this section
referred to as the 'Agreement') as contained in the message to Congress
from the President of the United States dated May 1, 1978. The
Agreement shall be in force and effect with respect to the United States
from January 1, 1978, until such later date in 1978 as may be determined
pursuant to the terms of the Agreement.
''(b) Application. -- During the period when the Agreement is in
force and effect with respect to the United States --
''(1) vessels and nationals of Canada may fish within the fishery
conservation zone, or for anadromous species and Continental Shelf
fishery resources beyond such zone, but only pursuant to, and in
accordance with, the provisions of the Agreement; and
''(2) title II of the Magnuson Fishery Conservation and Management
Act (this subchapter) (relating to foreign fishing and international
fishery agreements) and section 307 of such Act (section 1857 of this
title) (relating to prohibited acts) shall not apply with respect to
fishing within the fishery conservation zone, or for anadromous species
and Continental Shelf fishery resources beyond such zone, by vessels and
nationals of Canada which is pursuant to, and in accordance with the
provisions of the Agreement.
''(c) Fishing Statistics. -- (1) Any person who --
''(A) owns or operates any fishing vessel which --
''(i) is a vessel of the United States, and
''(ii) engages in fishing to which the Agreement applies; or
''(B) directly or indirectly receives, or may receive, fish to which
the Agreement applies in the course of a commercial activity in
quantities determined by the Secretary to be sufficient to assist in the
carrying out of this paragraph,
shall submit to the Secretary such statistics (including, but not
limited to, catch data) regarding such fishing or such receipt of fish
as are necessary to fulfill the obligations of the United States under
article XIII of the Agreement. The Secretary, after consultation with
the Secretary of State, shall issue such regulations as are necessary
and appropriate to carry out the purposes of this paragraph. Section
303(d) of the Magnuson Fishery Conservation and Management Act (section
1853(d) of this title) (relating to the confidentiality of statistics)
shall apply with respect to all statistics submitted under this
paragraph.
''(2) Any violation of paragraph (1), or of any regulation issued
pursuant to paragraph (1), by any person shall be deemed to be an act
prohibited by section 307 of the Magnuson Fishery Conservation and
Management Act (section 1857 of this title). Any person who commits any
such violation shall be liable to the United States for a civil penalty
as provided for in section 308 of such Act (section 1858 of this title).
Sections 309 (section 1859 of this title) (relating to criminal
offenses) and 310 (section 1860 of this title) (relating to civil
forfeiture) of such Act shall not apply with respect to any such
violation.
''(d) Definitions. -- As used in this section, the terms 'anadromous
species', 'Continental Shelf fishery resources', 'fishery conservation
zone', 'fishing', 'fishing vessel', 'Secretary', and 'vessel of the
United States' shall have the same respective meanings as are given to
such terms in section 3 of the Magnuson Fishery Conservation and
Management Act (section 1802 of this title).''
Amendment by Pub. L. 96-561, title II, 238(b), Dec. 22 1980, 94
Stat. 3300, effective 15 days after Dec. 22, 1980, see section 238 of
Pub. L. 96-561, set out as a Short Title note under section 1801 of
this title.
16 USC 1824. Permits for foreign fishing
TITLE 16 -- CONSERVATION
(a) In general
After February 28, 1977, no foreign fishing vessel shall engage in
fishing within the exclusive economic zone, or for anadromous species or
Continental Shelf fishery resources beyond such zone, unless such vessel
has on board a valid permit issued under this section for such vessel.
(b) Applications and permits under governing international fishery
agreements
(1) Eligibility; duration
Each foreign nation with which the United States has entered into a
governing international fishery agreement shall submit an application to
the Secretary of State each year for a permit for each of its fishing
vessels that wishes to engage in fishing described in subsection (a) of
this section. No permit issued under this section may be valid for
longer than a year; and section 558(c) of title 5 does not apply to the
renewal of any such permit.
(2) Forms
The Secretary, in consultation with the Secretary of State and the
Secretary of the department in which the Coast Guard is operating, shall
prescribe the forms for permit applications submitted under this
subsection and for permits issued pursuant to any such application.
(3) Contents
Any application made under this subsection shall specify --
(A) the name and official number or other identification of each
fishing vessel for which a permit is sought, together with the name and
address of the owner thereof;
(B) the tonnage, hold capacity, speed, processing equipment, type and
quantity of fishing gear, and such other pertinent information with
respect to characteristics of each such vessel as the Secretary may
require;
(C) each fishery in which each such vessel wishes to fish;
(D) the estimated amount of tonnage of fish which will be caught,
taken, or harvested in each such fishery by each such vessel during the
time the permit is in force;
(E) the amount or tonnage of United States harvested fish, if any,
which each such vessel proposes to receive at sea from vessels of the
United States;
(F) the ocean area in which, and the season or period during which,
such fishing will be conducted; and
(G) all applicable vessel safety standards imposed by the foreign
country, and shall include written certification that the vessel is in
compliance with those standards;
and shall include any other pertinent information and material which
the Secretary may require.
(4) Transmittal for action
Upon receipt of any application which complies with the requirements
of paragraph (3), the Secretary of State shall publish a notice of
receipt of the application in the Federal Register. Any such notice
shall summarize the contents of the applications from each nation
included therein with respect to the matters described in paragraph (3).
The Secretary of State shall promptly transmit --
(A) such application, together with his comments and recommendations
thereon, to the Secretary;
(B) a copy of the application to the Secretary of the department in
which the Coast Guard is operating; and
(C) a copy or a summary of the application to the appropriate
Council.
(5) Action by Council
After receiving a copy or summary of an application under paragraph
(4)(C), the Council may prepare and submit to the Secretary such written
comments on the application as it deems appropriate. Such comments
shall be submitted within 45 days after the date on which the
application is received by the Council and may include recommendations
with respect to approval of the application and, if approval is
recommended, with respect to appropriate conditions and restrictions
thereon. Any interested person may submit comments to such Council with
respect to any such application. The Council shall consider any such
comments in formulating its submission to the Secretary.
(6) Approval
(A) After receipt of any application transmitted under paragraph
(4)(A), the Secretary shall consult with the Secretary of State and,
with respect to enforcement, with the Secretary of the department in
which the Coast Guard is operating. The Secretary, after taking into
consideration the views and recommendations of such Secretaries, and any
comments submitted by any Council under paragraph (5), may approve,
subject to subparagraph (B), the application, if he determines that the
fishing described in the application will meet the requirements of this
chapter, or he may disapprove all or any portion of the application.
(B)(i) In the case of any application which specifies that one or
more foreign fishing vessels propose to receive at sea United States
harvested fish from vessels of the United States, the Secretary may
approve the application unless the Secretary determines, on the basis of
the views, recommendations, and comments referred to in subparagraph (A)
and other pertinent information, that United States fish processors have
adequate capacity, and will utilize such capacity, to process all United
States harvested fish from the fishery concerned.
(ii) The amount or tonnage of United States harvested fish which may
be received at sea during any year by foreign fishing vessels under
permits approved under this paragraph may not exceed that portion of the
optimum yield of the fishery concerned which will not be utilized by
United States fish processors.
(iii) In deciding whether to approve any application under this
subparagraph, the Secretary may take into account, with respect to the
foreign nation concerned, such other matters as the Secretary deems
appropriate.
(7) Establishment of conditions and restrictions
The Secretary shall establish conditions and restrictions which shall
be included in each permit issued pursuant to any application approved
under paragraph (6) and which must be complied with by the owner or
operator of the fishing vessel for which the permit is issued. Such
conditions and restrictions shall include the following:
(A) All of the requirements of any applicable fishery management
plan, or preliminary fishery management plan, and the regulations
promulgated to implement any such plan.
(B) The requirement that no permit may be used by any vessel other
than the fishing vessel for which it is issued.
(C) The requirements described in section 1821(c)(1), (2), and (3) of
this title.
(D) If the permit is issued other than pursuant to an application
approved under paragraph (6)(B), the restriction that the foreign
fishing vessel may not receive at sea United States harvested fish from
vessels of the United States.
(E) If the permit is issued pursuant to an application approved under
paragraph (6)(B), the maximum amount or tonnage of United States
harvested fish which may be received at sea from vessels of the United
States.
(F) Any other condition and restriction related to fishery
conservation and management which the Secretary prescribes as necessary
and appropriate.
(8) Notice of approval
The Secretary shall promptly transmit a copy of each application
approved under paragraph (6) and the conditions and restrictions
established under paragraph (7) to --
(A) the Secretary of State for transmittal to the foreign nation
involved;
(B) the Secretary of the department in which the Coast Guard is
operating; and
(C) any Council which has authority over any fishery specified in
such application.
(9) Disapproval of applications
If the Secretary does not approve any application submitted by a
foreign nation under this subsection, he shall promptly inform the
Secretary of State of the disapproval and his reasons therefore. The
Secretary of State shall notify such foreign nation of the disapproval
and the reasons therefor. Such foreign nation, after taking into
consideration the reasons for disapproval, may submit a revised
application under this subsection.
(10) Fees
(A) Fees shall be paid to the Secretary by the owner or operator of
any foreign fishing vessel for which a permit has been issued pursuant
to this section. The Secretary, in consultation with the Secretary of
State, shall establish a schedule of reasonable fees that shall apply
nondiscriminatorily to each foreign nation.
(B) Amounts collected by the Secretary under this paragraph shall be
deposited in the general fund of the Treasury.
(11) Issuance of permits
If a foreign nation notifies the Secretary of State of its acceptance
of the conditions and restrictions established by the Secretary under
paragraph (7), the Secretary of State shall promptly transmit such
notification to the Secretary. Upon payment of the applicable fees
established pursuant to paragraph (10), the Secretary shall thereupon
issue to such foreign nation, through the Secretary of State, permits
for the appropriate fishing vessels of that nation. Each permit shall
contain a statement of all conditions and restrictions established under
paragraph (7) which apply to the fishing vessel for which the permit is
issued.
(c) Registration permits
The Secretary of State, in cooperation with the Secretary, shall
issue annually a registration permit for each fishing vessel of a
foreign nation which is a party to an international fishery agreement
under which foreign fishing is authorized by section 1821(b) of this
title and which wishes to engage in fishing described in subsection (a)
of this section. Each such permit shall set forth the terms and
conditions contained in the agreement that apply with respect to such
fishing, and shall include the additional requirement that the owner or
operator of the fishing vessel for which the permit is issued shall
prominently display such permit in the wheelhouse of such vessel and
show it, upon request, to any officer authorized to enforce the
provisions of this chapter (as provided for in section 1861 of this
title). The Secretary of State, after consultation with the Secretary
and the Secretary of the department in which the Coast Guard is
operating, shall prescribe the form and manner in which applications for
registration permits may be made, and the forms of such permits. The
Secretary of State may establish, require the payment of, and collect
fees for registration permits; except that the level of such fees shall
not exceed the administrative costs incurred by him in issuing such
permits.
(Pub. L. 94-265, title II, 204, Apr. 13, 1976, 90 Stat. 342; Pub.
L. 95-354, 4(5)-(8), Aug. 28, 1978, 92 Stat. 520, 521; Pub. L.
96-470, title I, 111(b), title II, 208, Oct. 19, 1980, 94 Stat. 2239,
2245; Pub. L. 96-561, title II, 232, Dec. 22, 1980, 94 Stat. 3298;
Pub. L. 97-453, 3, Jan. 12, 1983, 96 Stat. 2483; Pub. L. 99-272,
title VI, 6021, Apr. 7, 1986, 100 Stat. 123; Pub. L. 99-659, title I,
101(c)(2), 102, 103(b), Nov. 14, 1986, 100 Stat. 3707, 3709; Pub. L.
101-627, title I, 106, 120(b), Nov. 28, 1990, 104 Stat. 4440, 4459;
Pub. L. 102-251, title III, 301(f), Mar. 9, 1992, 106 Stat. 64.)
Pub. L. 102-251, title III, 301(f), 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, subsection (a) is amended by inserting ''within the special
areas,'' before ''or for anadromous species'' and ''or areas'' after
''such zone''.
1990 -- Subsec. (b)(4)(C). Pub. L. 101-627, 120(b), substituted
''Council'' for ''council''.
Subsec. (b)(10). Pub. L. 101-627, 106(a), amended par. (10)
generally. Prior to amendment, par. (10) consisted of subpars. (A) to
(F) relating to schedule of fees to be paid for permits for foreign
fishing vessels, ratios for determining minimum fees, review and notice
to Congress of performance by nations receiving allocations, factors
included and excluded in cost of carrying out this chapter, use of
amounts collected in fees, and deposit into general fund of United
States Treasury of a determined amount.
Subsec. (b)(12). Pub. L. 101-627, 106(b), struck out par. (12)
which related to sanctions for violation of section 1857 of this title
or for failure to pay civil penalty under section 1858 of this title or
criminal fine under section 1859 of this title. See section 1858(g) of
this title.
1986 -- Subsec. (a). Pub. L. 99-659, 101(c)(2), substituted
''exclusive economic zone'' for ''fishery conservation zone''.
Subsec. (b)(1). Pub. L. 99-659, 102(1), inserted provision that no
permit issued under this section may be valid for longer than a year,
with section 558(c) of title 5 inapplicable to the renewal of any such
permit.
Subsec. (b)(3)(G). Pub. L. 99-659, 103(b), added subpar. (G).
Subsec. (b)(4)(C). Pub. L. 99-659, 102(2), struck out '', upon its
request'' before period at end.
Subsec. (b)(6)(A). Pub. L. 99-659, 102(3), inserted '', or he may
disapprove all or any portion of the application''.
Subsec. (b)(10). Pub. L. 99-272 amended par. (10) generally. Prior
to amendment, par. (10) read as follows: ''Fees shall be paid to the
Secretary by the owner or operator of any foreign fishing vessel for
which a permit is issued pursuant to this subsection. The Secretary, in
consultation with the Secretary of State, shall establish a schedule of
such fees which shall apply nondiscriminatorily to each foreign nation.
The fees imposed under this paragraph shall be at least in an amount
sufficient to return to the United States an amount which bears to the
total cost of carrying out the provisions of this chapter (including,
but not limited to, fishery conservation and management, fisheries
research, administration, and enforcement, but excluding costs for
observers covered by surcharges under section 1821(i)(4) of this title)
during each fiscal year the same ratio as the aggregate quantity of fish
harvested by foreign fishing vessels within the fishery conservation
zone during the preceding year bears to the aggregate quantity of fish
harvested by both foreign and domestic fishing vessels within such zone
and the territorial waters of the United States during such preceding
year. The amount collected by the Secretary under this paragraph shall
be transferred to the fisheries loan fund established under section 742c
of this title for so long as such fund exists and used of the purpose of
making loans therefrom, but only to the extent and in amounts provided
for in advance in appropriation Acts.''
Subsec. (b)(10)(B), (C). Pub. L. 99-659, 101(c)(2), substituted
''exclusive economic zone'' for ''fishery conservation zone''.
Subsec. (b)(12). Pub. L. 99-659, 102(4), amended par. (12)
generally. Prior to amendment, par. (12) read as follows: ''If any
foreign fishing vessel for which a permit has been issued pursuant to
this subsection has been used in the commission of any act prohibited by
section 1857 of this title the Secretary may, or if any civil penalty
imposed under section 1858 of this title or any criminal fine imposed
under section 1859 of this title has not been paid and is overdue the
Secretary shall --
''(A) revoke such permit, with or without prejudice to the right of
the foreign nation involved to obtain a permit for such vessel in any
subsequent year;
''(B) suspend such permit for the period of time deemed appropriate;
or
''(C) impose additional conditions and restrictions on the approved
application of the foreign nation involved and on any permit issued
under such application.
Any permit which is suspended under this paragraph for nonpayment of
a civil penalty shall be reinstated by the Secretary upon the payment of
such civil penalty together with interest thereon at the prevailing
rate.''
1983 -- Subsec. (b)(3)(B). Pub. L. 97-453, 3(1), inserted ''hold''
before ''capacity''.
Subsec. (b)(4). Pub. L. 97-453, 3(2), struck out ''and shall be set
forth under the name of each Council to which it will be transmitted for
comment'' after ''in paragraph (3)''.
Subsec. (b)(4)(B). Pub. L. 97-453, 3(3), struck out ''to each
appropriate Council and'' after ''application''.
Subsec. (b)(4)(C). Pub. L. 97-453, 3(3), substituted ''a copy or a
summary of the application to the appropriate council, upon its
request'' for ''a monthly summary of foreign fishing applications
including a report on approved applications as described in paragraphs
(6) and (7) to the Committee on Merchant Marine and Fisheries of the
House of Representatives and to the Committees on Commerce and Foreign
Relations of the Senate''.
Subsec. (b)(5). Pub. L. 97-453, 3(4), substituted ''After receiving
a copy or summary of an application under paragraph (4)(C), the Council
may'' for ''After receipt of an application transmitted under paragraph
(4)(B), each appropriate Council shall''.
1980 -- Subsec. (b)(4)(C). Pub. L. 96-470, 208, substituted ''a
monthly summary of foreign fishing applications including a report on
approval applications as described in paragraph (6) and (7)'' for ''a
copy of such material''.
Subsec. (b)(8)(D). Pub. L. 96-470, 111(b), struck out subpar. (D)
which required the Secretary to promptly transmit a copy of each
application to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committees on Commerce and Foreign
Relations of the Senate.
Subsec. (b)(10). Pub. L. 96-561, 232(b), substituted provision
directing that fees imposed under this paragraph be at least in an
amount sufficient to return to the United States an amount which bears
to the total cost of carrying out the provisions of this chapter,
including, but not limited to, fishery conservation and management,
fisheries research, administration, and enforcement, but excluding costs
for observers covered by surcharges under section 1821(i)(4) of this
title, during each fiscal year, the same ratio as the aggregate quantity
of fish harvested by foreign fishing vessels within the fishery
conservation zone during the preceding year bears to the aggregate
quantity of fish harvested by both foreign and domestic fishing vessels
within such zone and the territorial waters of the United States during
such preceding year and that the fees collected for permits issued after
1981 be transferred to the fisheries loan fund for provision directing
that fees be formulated so as to ensure that receipts resulting from
payments for fees issued for 1981 are not less than an amount equal to 7
percent of the ex vessel value of the total harvest by foreign fishing
vessels in the fishery conservation zone during 1979 and that the fees
collected for permits issued for 1981 be transferred to the fisheries
loan fund.
Pub. L. 96-561, 232(a), substituted provision directing that fees be
formulated so as to ensure that receipts resulting from payments for
fees issued for 1981 are not less than an amount equal to 7 percent of
the ex vessel value of the total harvest by foreign fishing vessels in
the fishery conservation zone during 1979 and that the fees collected
for permits issued for 1981 be transferred to the fisheries loan fund
for provision permitting the Secretary, in determining the level of
fees, to take into account the cost of carrying out the provisions of
this chapter with respect to foreign fishing, including, but not limited
to, the cost of fishery conservation and management, fisheries research,
administration, and enforcement.
1978 -- Subsec. (b)(3)(D) to (F). Pub. L. 95-354, 4(5), in subpar.
(D) substituted provisions relating to estimation of amount of tonnage
which will be caught, taken, or harvested, for provisions relating to
the amount of fish or tonnage of catch contemplated for each vessel,
added subpar. (E), and redesignated former subpar. (E) as (F).
Subsec. (b)(4). Pub. L. 95-354, 4(6), substituted provisions
relating to publication of the notice of receipt of the application in
the Federal Register, for provisions relating to publication of the
application in the Federal Register.
Subsec. (b)(6). Pub. L. 95-354, 4(7), redesignated existing
provisions as subpar. (A) inserted reference to subpar. (B), and added
subpar. (B).
Subsec. (b)(7)(D) to (F). Pub. L. 95-354, 4(8), added subpars. (D)
and (E) and redesignated former subpar. (D) as (F).
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.
Section 232(a) of Pub. L. 96-561 provided that the amendment made by
that section is effective with respect to permits issued under subsec.
(b) of this section for 1981.
Section 232(b) of Pub. L. 96-561 provided that the amendment made by
that section is effective with respect to permits issued under subsec.
(b) of this section after 1981.
1980.
16 USC 1825. Import prohibitions
TITLE 16 -- CONSERVATION
(a) Determinations by Secretary of State
If the Secretary of State determines that --
(1) he has been unable, within a reasonable period of time, to
conclude with any foreign nation an international fishery agreement
allowing fishing vessels of the United States equitable access to
fisheries over which that nation asserts exclusive fishery management
authority, including fisheries for tuna species, as recognized by the
United States, in accordance with fishing activities of such vessels, if
any, and under terms not more restrictive than those established under
sections 1821(c) and (d) and 1824(b)(7) and (10) of this title, because
such nation has (A) refused to commence negotiations, or (B) failed to
negotiate in good faith;
(2) any foreign nation is not allowing fishing vessels of the United
States to engage in fishing for tuna species in accordance with an
applicable international fishery agreement, whether or not such nation
is a party thereto;
(3) any foreign nation is not complying with its obligations under
any existing international fishery agreement concerning fishing by
fishing vessels of the United States in any fishery over which that
nation asserts exclusive fishery management authority; or
(4) any fishing vessel of the United States, while fishing in waters
beyond any foreign nation's territorial sea, to the extent that such sea
is recognized by the United States, is seized by any foreign nation --
(A) in violation of an applicable international fishery agreement;
(B) without authorization under an agreement between the United
States and such nation; or
(C) as a consequence of a claim of jurisdiction which is not
recognized by the United States;
he shall certify such determination to the Secretary of the Treasury.
(b) Prohibitions
Upon receipt of any certification from the Secretary of State under
subsection (a) of this section, the Secretary of the Treasury shall
immediately take such action as may be necessary and appropriate to
prohibit the importation into the United States --
(1) of all fish and fish products from the fishery involved, if any;
and
(2) upon recommendation of the Secretary of State, such other fish or
fish products, from any fishery of the foreign nation concerned, which
the Secretary of State finds to be appropriate to carry out the purposes
of this section.
(c) Removal of prohibition
If the Secretary of State finds that the reasons for the imposition
of any import prohibition under this section no longer prevail, the
Secretary of State shall notify the Secretary of the Treasury, who shall
promptly remove such import prohibition.
(d) Definitions
As used in this section --
(1) The term ''fish'' includes any highly migratory species.
(2) The term ''fish products'' means any article which is produced
from or composed of (in whole or in part) any fish.
(Pub. L. 94-265, title II, 205, Apr. 13, 1976, 90 Stat. 345; Pub.
L. 101-627, title I, 105(b)(1), Nov. 28, 1990, 104 Stat. 4440.)
1990 -- Subsec. (a)(1). Pub. L. 101-627, 105(b)(1)(A), inserted
''including fisheries for tuna species,'' after ''authority,'' and
struck out ''traditional'' after ''in accordance with''.
Subsec. (a)(2). Pub. L. 101-627, 105(b)(1)(B), substituted ''tuna''
for ''highly migratory''.
Section 105(b)(2) of Pub. L. 101-627 provided that: ''The
amendments made by this subsection (amending this section) shall take
effect on January 1, 1992.''
16 USC 1826. Large-scale driftnet fishing
TITLE 16 -- CONSERVATION
(a) Short title
This section incorporates and expands upon provisions of the Driftnet
Impact Monitoring, Assessment, and Control Act of 1987 and may be cited
as the ''Driftnet Act Amendments of 1990''.
(b) Findings
The Congress finds that --
(1) the continued widespread use of large-scale driftnets beyond the
exclusive economic zone of any nation is a destructive fishing practice
that poses a threat to living marine resources of the world's oceans,
including but not limited to the North and South Pacific Ocean and the
Bering Sea;
(2) the use of large-scale driftnets is expanding into new regions of
the world's oceans, including the Atlantic Ocean and Caribbean Sea;
(3) there is a pressing need for detailed and reliable information on
the number of seabirds, sea turtles, nontarget fish, and marine mammals
that become entangled and die in actively fished large-scale driftnets
and in large-scale driftnets that are lost, abandoned, or discarded;
(4) increased efforts, including reliable observer data and
enforcement mechanisms, are needed to monitor, assess, control, and
reduce the adverse impact of large-scale driftnet fishing on living
marine resources;
(5) the nations of the world have agreed in the United Nations,
through General Assembly Resolution Numbered 44-225, approved December
22, 1989, by the General Assembly, that a moratorium should be imposed
by June 30, 1992, on the use of large-scale driftnets beyond the
exclusive economic zone of any nation;
(6) the nations of the South Pacific have agreed to a moratorium on
the use of large-scale driftnets in the South Pacific through the
Convention for the Prohibition of Fishing with Long Driftnets in the
South Pacific, which was agreed to in Wellington, New Zealand, on
November 29, 1989; and
(7) increasing population pressures and new knowledge of the
importance of living marine resources to the health of the global
ecosystem demand that greater responsibility be exercised by persons
fishing or developing new fisheries beyond the exclusive economic zone
of any nation.
(c) Policy
It is declared to be the policy of the Congress in this section that
the United States should --
(1) implement the moratorium called for by the United Nations General
Assembly in Resolution Numbered 44-225;
(2) support the Tarawa Declaration and the Wellington Convention for
the Prohibition of Fishing with Long Driftnets in the South Pacific;
and
(3) secure a permanent ban on the use of destructive fishing
practices, and in particular large-scale driftnets, by persons or
vessels fishing beyond the exclusive economic zone of any nation.
(d) International agreements
The Secretary, through the Secretary of State and the Secretary of
the department in which the Coast Guard is operating, shall seek to
secure international agreements to implement immediately the findings,
policy, and provisions of this section, and in particular an
international ban on large-scale driftnet fishing. The Secretary,
through the Secretary of State, shall include, in any agreement which
addresses the taking of living marine resources of the United States,
provisions to ensure that --
(1) each large-scale driftnet fishing vessel of a foreign nation that
is party to the agreement, including vessels that may operate
independently to develop new fishing areas, which operate beyond the
exclusive economic zone of any nation, is included in such agreement;
(2) each large-scale driftnet fishing vessel of a foreign nation that
is party to the agreement, which operates beyond the exclusive economic
zone of any nation, is equipped with satellite transmitters which
provide real-time position information accessible to the United States;
(3) statistically reliable monitoring by the United States is carried
out, through the use of on-board observers or through dedicated
platforms provided by foreign nations that are parties to the agreement,
of all target and nontarget fish species, marine mammals, sea turtles,
and sea birds entangled or killed by large-scale driftnets used by
fishing vessels of foreign nations that are parties to the agreement;
(4) officials of the United States have the right to board and
inspect for violations of the agreement any large-scale driftnet fishing
vessels operating under the flag of a foreign nation that is party to
the agreement at any time while such vessel is operating in designated
areas beyond the exclusive economic zone of any nation;
(5) all catch landed or transshipped at sea by large-scale driftnet
fishing vessels of a foreign nation that is a party to the agreement,
and which are operated beyond the exclusive economic zone of any nation,
is reliably monitored and documented;
(6) time and area restrictions are imposed on the use of large-scale
driftnets in order to prevent interception of anadromous species;
(7) all large-scale driftnets used are constructed, insofar as
feasible, with biodegradable materials which break into segments that do
not represent a threat to living marine resources;
(8) all large-scale driftnets are marked at appropriate intervals in
a manner that conclusively identifies the vessel and flag nation
responsible for each such driftnet;
(9) the taking of nontarget fish species, marine mammals, sea
turtles, seabirds, and endangered species or other species protected by
international agreements to which the United States is a party is
minimized and does not pose a threat to existing fisheries or the
long-term health of living marine resources; and
(10) definitive steps are agreed upon to ensure that parties to the
agreement comply with the spirit of other international agreements and
resolutions concerning the use of large-scale driftnets beyond the
exclusive economic zone of any nation.
(e) Report
Not later than January 1, 1991, and every year thereafter until the
purposes of this section are met, the Secretary, after consultation with
the Secretary of State and the Secretary of the department in which the
Coast Guard is operating, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a report --
(1) describing the steps taken to carry out the provisions of this
section, particularly subsection (c) of this section;
(2) evaluating the progress of those efforts, the impacts on living
marine resources, including available observer data, and specifying
plans for further action;
(3) identifying and evaluating the effectiveness of unilateral
measures and multilateral measures, including sanctions, that are
available to encourage nations to agree to and comply with this section,
and recommendations for legislation to authorize any additional measures
that are needed if those are considered ineffective;
(4) identifying, evaluating, and making any recommendations
considered necessary to improve the effectiveness of the law, policy,
and procedures governing enforcement of the exclusive management
authority of the United States over anadromous species against fishing
vessels engaged in fishing beyond the exclusive economic zone of any
nation;
(5) containing a list and description of any new fisheries developed
by nations that conduct, or authorize their nationals to conduct,
large-scale driftnet fishing beyond the exclusive economic zone of any
nation; and
(6) containing a list of the nations that conduct, or authorize their
nationals to conduct, large-scale driftnet fishing beyond the exclusive
economic zone of any nation in a manner that diminishes the
effectiveness of or is inconsistent with any international agreement
governing large-scale driftnet fishing to which the United States is a
party or otherwise subscribes.
(f) Certification
If at any time the Secretary, in consultation with the Secretary of
State and the Secretary of the department in which the Coast Guard is
operating, identifies any nation that warrants inclusion in the list
described under subsection (e)(6) of this section, the Secretary shall
certify that fact to the President. Such certification shall be deemed
to be a certification for the purposes of section 1978(a) of title 22.
(g) Effect on sovereign rights
This section shall not serve or be construed to expand or diminish
the sovereign rights of the United States, as stated by Presidential
Proclamation Numbered 5030, dated March 10, 1983, and reflected in this
chapter or other existing law.
(h) ''Living marine resources'' defined
As used in this section, the term ''living marine resources''
includes fish, marine mammals, sea turtles, and seabirds and other
waterfowl.
(Pub. L. 94-265, title II, 206, as added Pub. L. 95-6, 3(1), Feb.
21, 1977, 91 Stat. 15; amended Pub. L. 99-659, title I, 101(c)(2),
Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, 107(a), Nov.
28, 1990, 104 Stat. 4441.)
The Driftnet Impact Monitoring, Assessment, and Control Act of 1987,
referred to in subsec. (a), is title IV of Pub. L. 100-220, which is
set out as a note under section 1822 of this title.
Presidential Proclamation Numbered 5030, referred to in subsec. (g),
is set out under section 1453 of this title.
1990 -- Pub. L. 101-627 amended section generally, substituting
provisions relating to large-scale driftnet fishing for provisions
relating to transitional provisions.
1986 -- Subsec. (b). Pub. L. 99-659 substituted ''exclusive economic
zone'' for ''fishery conservation zone''.
16 USC 1826a. Denial of port privileges and sanctions for high seas
large-scale driftnet fishing
TITLE 16 -- CONSERVATION
(a) Denial of port privileges
(1) Publication of list
Not later than 30 days after November 2, 1992, and periodically
thereafter, the Secretary of Commerce, in consultation with the
Secretary of State, shall publish a list of nations whose nationals or
vessels conduct large-scale driftnet fishing beyond the exclusive
economic zone of any nation.
(2) Denial of port privileges
The Secretary of the Treasury shall, in accordance with recognized
principles of international law --
(A) withhold or revoke the clearance required by section 91 of title
46, Appendix, for any large-scale driftnet fishing vessel that is
documented under the laws of the United States or of a nation included
on a list published under paragraph (1); and
(B) deny entry of that vessel to any place in the United States and
to the navigable waters of the United States.
(3) Notification of nation
Before the publication of a list of nations under paragraph (1), the
Secretary of State shall notify each nation included on that list
regarding --
(A) the effect of that publication on port privileges of vessels of
that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any other law,
that may be imposed on that nation if nationals or vessels of that
nation continue to conduct large-scale driftnet fishing beyond the
exclusive economic zone of any nation after December 31, 1992.
(b) Sanctions
(1) Identifications
(A) Initial identifications
Not later than January 10, 1993, the Secretary of Commerce shall --
(i) identify each nation whose nationals or vessels are conducting
large-scale driftnet fishing beyond the exclusive economic zone of any
nation; and
(ii) notify the President and that nation of the identification under
clause (i).
(B) Additional identifications
At any time after January 10, 1993, whenever the Secretary of
Commerce has reason to believe that the nationals or vessels of any
nation are conducting large-scale driftnet fishing beyond the exclusive
economic zone of any nation, the Secretary of Commerce shall --
(i) identify that nation; and
(ii) notify the President and that nation of the identification under
clause (i).
(2) Consultations
Not later than 30 days after a nation is identified under paragraph
(1)(B), the President shall enter into consultations with the government
of that nation for the purpose of obtaining an agreement that will
effect the immediate termination of large-scale driftnet fishing by the
nationals or vessels of that nation beyond the exclusive economic zone
of any nation.
(3) Prohibition on imports of fish and fish products and sport
fishing equipment
(A) Prohibition
The President --
(i) upon receipt of notification of the identification of a nation
under paragraph (1)(A); or
(ii) if the consultations with the government of a nation under
paragraph (2) are not satisfactorily concluded within ninety days, shall
direct the Secretary of the Treasury to prohibit the importation into
the United States of fish and fish products and sport fishing equipment
(as that term is defined in section 4162 of title 26) from that nation.
(B) Implementation of prohibition
With respect to an import prohibition directed under subparagraph
(A), the Secretary of the Treasury shall implement such prohibition not
later than the date that is forty-five days after the date on which the
Secretary has received the direction from the President.
(C) Public notice of prohibition
Before the effective date of any import prohibition under this
paragraph, the Secretary of the Treasury shall provide public notice of
the impending prohibition.
(4) Additional economic sanctions
(A) Determination of effectiveness of sanctions
Not later than six months after the date the Secretary of Commerce
identifies a nation under paragraph (1), the Secretary shall determine
whether --
(i) any prohibition established under paragraph (3) is insufficient
to cause that nation to terminate large-scale driftnet fishing conducted
by its nationals and vessels beyond the exclusive economic zone of any
nation; or
(ii) that nation has retaliated against the United States as a result
of that prohibition.
(B) Certification
The Secretary of Commerce shall certify to the President each
affirmative determination under subparagraph (A) with respect to a
nation.
(C) Effect of certification
Certification by the Secretary of Commerce under subparagraph (B) is
deemed to be a certification under section 1978(a) of title 22.
(Pub. L. 102-582, title I, 101, Nov. 2, 1992, 106 Stat. 4901.)
This Act, referred to in subsec. (a)(3)(B), is Pub. L. 102-582,
Nov. 2, 1992, 106 Stat. 4900, known as the High Seas Driftnet
Fisheries Enforcement Act, which enacted sections 1826a to 1826c of this
title and section 1707a of Title 46, Appendix, Shipping, amended
sections 1362, 1371, 1852, and 1862 of this title, section 1978 of Title
22, Foreign Relations and Intercourse, and section 2110 of Title 46,
repealed section 1111c of Title 46, Appendix, and enacted provisions set
out as notes under this section and sections 1801, 1823, and 1861 of
this title and section 2110 of Title 46. For complete classification of
this Act to the Code, see Short Title of 1992 Amendments note set out
under section 1801 of this title and Tables.
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson Fishery Conservation
and Management Act which comprises this chapter.
Statement of Findings and Policy
Section 2 of Pub. L. 102-582 provided that:
''(a) Findings. -- Congress makes the following findings:
''(1) Large-scale driftnet fishing on the high seas is highly
destructive to the living marine resources and ocean ecosystems of the
world's oceans, including anadromous fish and other living marine
resources of the United States.
''(2) The cumulative effects of large-scale driftnet fishing pose a
significant threat to the marine ecosystem, and slow-reproducing species
like marine mammals, sharks, and seabirds may require many years to
recover.
''(3) Members of the international community have reviewed the best
available scientific data on the impacts of large-scale pelagic driftnet
fishing, and have failed to conclude that this practice has no
significant adverse impacts which threaten the conservation and
sustainable management of living marine resources.
''(4) The United Nations, via General Assembly Resolutions numbered
44-225, 45-197, and most recently 46-215 (adopted on December 20, 1991),
has called for a worldwide moratorium on all high seas driftnet fishing
by December 31, 1992, in all the world's oceans, including enclosed seas
and semi-enclosed seas.
''(5) The United Nations has commended the unilateral, regional, and
international efforts undertaken by members of the international
community and international organizations to implement and support the
objectives of the General Assembly resolutions.
''(6) Operative paragraph (4) of United Nations General Assembly
Resolution numbered 46-215 specifically 'encourages all members of the
international community to take measures individually and collectively
to prevent large-scale pelagic driftnet fishing operations on the high
seas of the world's oceans and seas'.
''(7) The United States, in section 307(1)(M) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(M)), has specifically
prohibited the practice of large-scale driftnet fishing by United States
nationals and vessels both within the exclusive economic zone of the
United States and beyond the exclusive economic zone of any nation.
''(8) The Senate, through Senate Resolution 396 of the One Hundredth
Congress (approved on March 18, 1988), has called for a moratorium on
fishing in the Central Bering Sea and the United States has taken
concrete steps to implement such moratorium through international
negotiations.
''(9) Despite the continued evidence of a decline in the fishery
resources of the Bering Sea and the multiyear cooperative negotiations
undertaken by the United States, the Russian Federation, Japan, and
other concerned fishing nations, some nations refuse to agree to
measures to reduce or eliminate unregulated fishing practices in the
waters of the Bering Sea beyond the exclusive economic zones of the
United States and the Russian Federation.
''(10) In order to ensure that the global moratorium on large-scale
driftnet fishing called for in United Nations General Assembly
Resolution numbered 46-215 takes effect by December 31, 1992, and that
unregulated fishing practices in the waters of the Central Bering Sea
are reduced or eliminated, the United States should take the actions
described in this Act (see Short Title of 1992 Amendments note set out
under section 1801 of this title) and encourage other nations to take
similar action.
''(b) Policy. -- It is the stated policy of the United States to --
''(1) implement United Nations General Assembly Resolution numbered
46-215, approved unanimously on December 20, 1991, which calls for an
immediate cessation to further expansion of large-scale driftnet
fishing, a 50 percent reduction in existing large-scale driftnet fishing
effort by June 30, 1992, and a global moratorium on the use of
large-scale driftnets beyond the exclusive economic zone of any nation
by December 31, 1992;
''(2) bring about a moratorium on fishing in the Central Bering Sea,
or an international conservation and management agreement to which the
United States and the Russian Federation are parties that regulates
fishing in the Central Bering Sea; and
''(3) secure a permanent ban on the use of destructive fishing
practices, and in particular large-scale driftnets, by persons or
vessels fishing beyond the exclusive economic zone of any nation.''
16 USC 1826b. Duration of denial of port privileges and sanctions
TITLE 16 -- CONSERVATION
Any denial of port privileges or sanction under section 1826a of this
title with respect to a nation shall remain in effect until such time as
the Secretary of Commerce certifies to the President and the Congress
that such nation has terminated large-scale driftnet fishing by its
nationals and vessels beyond the exclusive economic zone of any nation.
(Pub. L. 102-582, title I, 102, Nov. 2, 1992, 106 Stat. 4903.)
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson Fishery Conservation
and Management Act which comprises this chapter.
16 USC 1826c. Definitions
TITLE 16 -- CONSERVATION
In sections 1826a to 1826c of this title, the following definitions
apply:
(1) Fish and fish products
The term ''fish and fish products'' means any aquatic species
(including marine mammals and plants) and all products thereof exported
from a nation, whether or not taken by fishing vessels of that nation or
packed, processed, or otherwise prepared for export in that nation or
within the jurisdiction thereof.
(2) Large-scale driftnet fishing
(A) In general
Except as provided in subparagraph (B), the term ''large-scale
driftnet fishing'' means a method of fishing in which a gillnet composed
of a panel or panels of webbing, or a series of such gillnets, with a
total length of two and one-half kilometers or more is placed in the
water and allowed to drift with the currents and winds for the purpose
of entangling fish in the webbing.
(B) Exception
Until January 1, 1994, the term ''large-scale driftnet fishing'' does
not include the use in the northeast Atlantic Ocean of gillnets with a
total length not to exceed five kilometers if the use is in accordance
with regulations adopted by the European Community pursuant to the
October 28, 1991, decision by the Council of Fisheries Ministers of the
Community.
(3) Large-scale driftnet fishing vessel
The term ''large-scale driftnet fishing vessel'' means any vessel
which is --
(A) used for, equipped to be used for, or of a type which is normally
used for large-scale driftnet fishing; or
(B) used for aiding or assisting one or more vessels at sea in the
performance of large-scale driftnet fishing, including preparation,
supply, storage, refrigeration, transportation, or processing.
(Pub. L. 102-582, title I, 104, Nov. 2, 1992, 106 Stat. 4903.)
Sections 1826a to 1826c of this title, referred to in text, was in
the original ''this title'', meaning title I of Pub. L. 102-582, Nov.
2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c of this
title and amended section 1371 of this title. For complete
classification of title I to the Code, see Tables.
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson Fishery Conservation
and Management Act which comprises this chapter.
16 USC 1827. Observer program regarding certain foreign fishing
TITLE 16 -- CONSERVATION
(a) Definitions
As used in this section --
(1) The term ''Act of 1976'' means the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
(2) The term ''billfish'' means any species of marlin, spearfish,
sailfish or swordfish.
(3) The term ''Secretary'' means the Secretary of Commerce.
(b) Observer program
The Secretary shall establish a program under which a United States
observer will be stationed aboard each foreign fishing vessel while that
vessel --
(1) is in waters that are within --
(A) the fishery conservation zone established under section 101 of
the Act of 1976 (16 U.S.C. 1811), /1/ and
(B) the Convention area as defined in Article I of the International
Convention for the Conservation of Atlantic Tunas; and
(2) is taking or attempting to take any species of fish if such
taking or attempting to take may result in the incidental taking of
billfish.
The Secretary may acquire observers for such program through contract
with qualified private persons.
(c) Functions of observers
United States observers, while aboard foreign fishing vessels as
required under subsection (b) of this section, shall carry out such
scientific and other functions as the Secretary deems necessary or
appropriate to carry out this section.
(d) Fees
There is imposed for each year after 1980 on the owner or operator of
each foreign fishing vessel that, in the judgment of the Secretary, will
engage in fishing in waters described in subsection (b)(1) of this
section during that year which may result in the incidental taking of
billfish a fee in an amount sufficient to cover all of the costs of
providing an observer aboard that vessel under the program established
under subsection (a) of this section. The fees imposed under this
subsection for any year shall be paid to the Secretary before that year
begins. All fees collected by the Secretary under this subsection shall
be deposited in the Fund established by subsection (e) of this section.
(e) Fund
There is established in the Treasury of the United States the Foreign
Fishing Observer Fund. The Fund shall be available to the Secretary as
a revolving fund for the purpose of carrying out this section. The Fund
shall consist of the fees deposited into it as required under subsection
(d) of this section. All payments made by the Secretary to carry out
this section shall be paid from the Fund, only to the extent and in the
amounts provided for in advance in appropriation Acts. Sums in the Fund
which are not currently needed for the purposes of this section shall be
kept on deposit or invested in obligations of, or guaranteed by, the
United States.
(f) Prohibited acts
(1) It is unlawful for any person who is the owner or operator of a
foreign fishing vessel to which this section applies --
(A) to violate any regulation issued under subsection (g) of this
section;
(B) to refuse to pay the fee imposed under subsection (d) of this
section after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act as an
observer under this section with respect to that vessel to board the
vessel for purposes of carrying out observer functions.
(2) Section 308 of the Act of 1976 (16 U.S.C. 1858) (relating to
civil penalties) applies to any act that is unlawful under paragraph
(1), and for purposes of such application the commission of any such act
shall be treated as an act the commission of which is unlawful under
section 307 of the Act of 1976 (16 U.S.C. 1857).
(g) Regulations
The Secretary shall issue such regulations as are necessary or
appropriate to carry out this section.
(Pub. L. 96-339, 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96-561,
title II, 238(b), Dec. 22, 1980, 94 Stat. 3300.)
The Magnuson Fishery Conservation and Management Act, referred to in
subsec. (a)(1), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 1801 of this title and Tables.
Section 101 of the Act of 1976 (16 U.S.C. 1811), referred to in
subsec. (b)(1)(A), 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.
Section was not enacted as part of the Magnuson Fishery Conservation
and Management Act which comprises this chapter.
1980 -- Subsec. (a)(1). 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 of 1980
Amendment note under section 1801 of this title.
/1/ See References in Text note below.
16 USC SUBCHAPTER IV -- NATIONAL FISHERY MANAGEMENT PROGRAM
TITLE 16 -- CONSERVATION
16 USC 1851. National standards for fishery conservation and
management
TITLE 16 -- CONSERVATION
(a) In general
Any fishery management plan prepared, and any regulation promulgated
to implement any such plan, pursuant to this subchapter shall be
consistent with the following national standards for fishery
conservation and management:
(1) Conservation and management measures shall prevent overfishing
while achieving, on a continuing basis, the optimum yield from each
fishery for the United States fishing industry.
(2) Conservation and management measures shall be based upon the best
scientific information available.
(3) To the extent practicable, an individual stock of fish shall be
managed as a unit throughout its range, and interrelated stocks of fish
shall be managed as a unit or in close coordination.
(4) Conservation and management measures shall not discriminate
between residents of different States. If it becomes necessary to
allocate or assign fishing privileges among various United States
fishermen, such allocation shall be (A) fair and equitable to all such
fishermen; (B) reasonably calculated to promote conservation; and (C)
carried out in such manner that no particular individual, corporation,
or other entity acquires an excessive share of such privileges.
(5) Conservation and management measures shall, where practicable,
promote efficiency in the utilization of fishery resources; except that
no such measure shall have economic allocation as its sole purpose.
(6) Conservation and management measures shall take into account and
allow for variations among, and contingencies in, fisheries, fishery
resources, and catches.
(7) Conservation and management measures shall, where practicable,
minimize costs and avoid unnecessary duplication.
(b) Guidelines
The Secretary shall establish advisory guidelines (which shall not
have the force and effect of law), based on the national standards, to
assist in the development of fishery management plans.
(Pub. L. 94-265, title III, 301, Apr. 13, 1976, 90 Stat. 346; Pub.
L. 97-453, 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98-623, title IV,
404(3), Nov. 8, 1984, 98 Stat. 3408.)
1984 -- Subsec. (a)(1). Pub. L. 98-623 inserted ''for the United
States fishing industry''.
1983 -- Subsec. (b). Pub. L. 97-453 substituted ''advisory
guidelines (which shall not have the force and effect of law)'' for
''guidelines''.
Pub. L. 100-589, 5, Nov. 3, 1988, 102 Stat. 2984, provided that:
''(a) Findings. -- The Congress finds that:
''(1) The anadromous stock of striped bass in the Albemarle
Sound-Roanoke River Basin area of North Carolina sustained important
commercial and recreational fisheries as recently as the 1960's and
1970's.
''(2) This stock has been declining for some time and is severely
depressed at present, and may soon reach a level from which recovery
will be exceptionally difficult.
''(3) The reasons for this decline are thought to include fishing;
other human activities and environmental factors, such as unsuitable
water flow before, during, and after critical spawning periods;
degradation of water quality by pollutants; the impact of
eutrophication on the food chain, and the impact of changing land use
activities.
''(4) Current Federal and interstate efforts to conserve the Atlantic
striped bass, while effective in identifying factors contributing to the
decline of other important Atlantic coastal migratory stocks of striped
bass and steps that will be effective in reversing that decline, have
not made a major contribution to the protection and restoration of the
Albemarle Sound-Roanoke River stock of striped bass.
''(5) Because the striped bass and the aquatic environment of the
Albemarle Sound-Roanoke River basin presently are being significantly
affected by combined but not fully understood causes, a study should be
undertaken to obtain additional biological information to understand the
significance of fishing, water flows, and other factors in the decline
of the striped bass populations in the Albemarle Sound-Roanoke River
basin and, if feasible, develop an effective course of action for
restoring these important stocks of striped bass.
''(b) Study. --
''(1) In general. -- The Director of the United States Fish and
Wildlife Service, in consultation with the Assistant Administrator for
Fisheries of the National Oceanic and Atmospheric Administration shall
--
''(A) immediately undertake a biological study of the striped bass
fishery resources and habitats of the Albemarle Sound-Roanoke River
basin area;
''(B) develop short-term and long-term recommendations for Federal
and State government agencies for restoring and conserving such
resources and habitats; and
''(C) submit the results of such study and such recommendations to
the Congress and to the States of North Carolina and Virginia as soon as
practicable, but not later than 36 months after the date of the
enactment of this Act (Nov. 3, 1988).
''(2) Contents of the study. -- The study conducted under this
subsection shall, to the extent existing data are adequate, use such
existing data and shall include --
''(A) a description of the Albemarle Sound-Roanoke River basin area,
and an investigation and analysis of the effects of land and water use
practices on the striped bass population and habitats of the area;
''(B) an investigation and analysis of the abundance and age and
geographic distribution of the Albemarle Sound-Roanoke River stock of
striped bass, including the amount and geographical location of
migration and spawning habitat;
''(C) an investigation and analysis of factors that may affect the
abundance and age and geographic distribution of the Albemarle
Sound-Roanoke River stock of striped bass, including --
''(i) the extent and causes of mortality at successive stages in the
life cycle of striped bass, including mortality due to recreational and
commercial fishing; and
''(ii) the combined effects of pollution and other natural and human
alterations of the physical environment, including the effects of water
withdrawals, discharges, and flows, on striped bass migration and
spawning and on the viability and condition of eggs and larval fish;
''(D) an investigation and analysis of the status and effectiveness
of current striped bass management measures implemented by State and
Federal authorities, including State fishing regulations and Federal
fish stocking activities, reservoir management and water flow
regulation, and an analysis of whether any additional State or Federal
measures would be effective in halting the decline and initiating the
recovery of the Albemarle Sound-Roanoke River stock of striped bass;
and
''(E) a recommendation of whether conservation of the Albermarle
Sound-Roanoke River stocks of striped bass could be improved by
management of these stocks under the provisions of the Atlantic States
Marine Fisheries Commission's Interstate Fisheries Management Plan for
Striped Bass and the Atlantic Striped Bass Conservation Act (Pub. L.
98-613, set out below).
''(c) Participation by State Agencies. --
''(1) The Director of the North Carolina Division of Marine
Fisheries, the Executive Director of the North Carolina Wildlife
Resources Commission, the Secretary of the Virginia Department of
Natural Resources, and the District Engineer for the Wilmington District
of the United States Army Corps of Engineers shall be invited to have
their agencies participate in conducting the study and developing
recommendations pursuant to subsection (b).
''(2) To facilitate participation by the agencies referred to in
paragraph (1), should they decide to participate, a Memorandum of
Understanding will be executed with such officials setting forth the
respective responsibilities of the entities involved in conducting the
study and developing those recommendations.
''(d) Consultation. -- In carrying out the study under subsection
(b), the Atlantic States Marine Fisheries Commission, other Federal
agencies, the Albermarle-Pamlico Estuarine Study, Dominion Resources,
Inc./Virginia Power/North Carolina Power, affected local governments in
North Carolina and Virginia, appropriate commercial and recreational
fishing interests, and other interests shall be consulted, to the
maximum extent practicable.
''(e) Authorization of Appropriations. -- There is authorized to be
appropriated the sum of $1,000,000 to carry out the requirements of this
section. These appropriations will remain available until expended.
''(f) State Authority. -- Nothing in this section shall be construed
as authorizing any State to manage fisheries within the jurisdiction of
another State.
''(g) Restriction on Use of Other Funds. -- Amounts appropriated
pursuant to the authorization contained in section 7(d) of the
Anadromous Fish Conservation Act (16 U.S.C. 757g(d)) shall not be used
to carry out this section.''
Protection
Pub. L. 100-589, 6(a)-(f), Nov. 3, 1988, 102 Stat. 2986, as
amended by Pub. L. 102-130, 4, Oct. 17, 1991, 105 Stat. 627,
provided that:
''(a) Regulation of Fishing in Exclusive Economic Zone. -- The
Secretary of Commerce shall promulgate regulations governing the fishing
for Atlantic striped bass in the exclusive economic zone that the
Secretary determines to be consistent with the national standards set
forth in section 301 of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1851) and necessary and appropriate to --
''(1) ensure the effectiveness of State regulations or a Federal
moratorium on fishing for Atlantic striped bass within the coastal
waters of a coastal State; and
''(2) achieve conservation and management goals for the Atlantic
striped bass resource.
''(b) Consultation; Periodic Review of Regulations. -- In preparing
regulations under subsection (a), the Secretary shall consult with the
Atlantic States Marine Fisheries Commission, the appropriate Regional
Fishery Management Councils, and each affected Federal, State, and local
government entity. The Secretary shall periodically review regulations
promulgated under subsection (a), and if necessary to ensure their
continued consistency with the requirements of subsection (a), shall
amend those regulations.
''((c) Repealed. Pub. L. 102-130, 4(1), Oct. 17, 1991, 105 Stat.
627.)
''(d) Applicability of Magnuson Act Provisions. -- The provisions of
sections 307, 308, 309, 310, and 311 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and
1861) regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement shall apply with respect to
regulations and any plan issued under subsection (a) of this section as
if such regulations or plan were issued under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
''(e) Definition. -- As used in this section, the term 'exclusive
economic zone' has the meaning given such term in section 3(6) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(6)).''
Pub. L. 98-613, 1-9, Oct. 31, 1984, 98 Stat. 3187-3190, as
amended by Pub. L. 99-432, 1-5, Oct. 1, 1986, 100 Stat. 989, 990;
Pub. L. 100-589, 1, 2, 4, 6(g), Nov. 3, 1988, 102 Stat. 2984, 2987;
Pub. L. 102-130, 2, Oct. 17, 1991, 105 Stat. 626, provided that:
''SECTION 1. SHORT TITLE.
''This Act (enacting this note and amending section 757g of this
title) may be cited as the 'Atlantic Striped Bass Conservation Act'.
''SEC. 2. FINDINGS AND PURPOSES.
''(a) Findings. -- The Congress finds and declares the following:
''(1) Atlantic striped bass are of historic commercial and
recreational importance and economic benefit to the Atlantic coastal
States and to the Nation.
''(2) As a consequence of increased fishing pressure, environmental
pollution, the loss and alteration of habitat, and the inadequacy of
fishery conservation and management practices and controls, certain
stocks of Atlantic striped bass have been severely reduced in number.
''(3) Because no single government entity has full management
authority throughout the range of the Atlantic striped bass, the
harvesting and conservation of these fish have been subject to diverse,
inconsistent, and intermittent State regulation that has been
detrimental to the long-term maintenance of stocks of the species and to
the interests of fishermen and the Nation as a whole.
''(4) It is in the national interest to implement effective
procedures and measures to provide for effective interjurisdictional
conservation and management of this species.
''(b) Purpose. -- It is therefore declared to be the purpose of the
Congress in this Act to support and encourage the development,
implementation, and enforcement of effective interstate action regarding
the conservation and management of the Atlantic striped bass.
''SEC. 3. DEFINITIONS.
''As used in this Act --
''(1) The term 'Magnuson Act' means the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
''(2) The term 'Atlantic striped bass' means members of stocks or
populations of the species Morone saxatilis, which ordinarily migrate
seaward of the waters described in paragraph (3)(A)(i).
''(3) The term 'coastal waters' means --
''(A) for each coastal State referred to in paragraph (4)(A) --
''(i) all waters, whether salt or fresh, of the coastal State
shoreward of the baseline from which the territorial sea of the United
States is measured; and
''(ii) the waters of the coastal State seaward from the baseline
referred to in clause (i) to the inner boundary of the exclusive
economic zone;
''(B) for the District of Columbia, those waters within its
jurisdiction; and
''(C) for the Potomac River Fisheries Commission, those waters of the
Potomac River within the boundaries established by the Potomac River
Compact of 1958.
''(4) The term 'coastal State' means --
''(A) Pennsylvania and each State of the United States bordering on
the Atlantic Ocean north of the State of South Carolina;
''(B) the District of Columbia; and
''(C) the Potomac River Fisheries Commission established by the
Potomac River Compact of 1958.
''(5) The term 'Commission' means the Atlantic States Marine
Fisheries Commission established under the interstate compact consented
to and approved by the Congress in Public Laws 77-539 (May 4, 1942, ch.
283, 56 Stat. 267) and 81-721 (Aug. 19, 1950, ch. 763, 64 Stat. 467).
''(6) The term 'fishing' means --
''(A) the catching, taking, or harvesting of Atlantic striped bass,
except when incidental to harvesting that occurs in the course of
commercial or recreational fish catching activities directed at a
species other than Atlantic striped bass;
''(B) the attempted catching, taking, or harvesting of Atlantic
striped bass; and
''(C) any operation at sea in support of, or in preparation for, any
activity described in subparagraph (A) or (B).
The term does not include any scientific research authorized by the
Federal Government or by any State government.
''(7) The term 'Plan' means the Interstate Fisheries Management Plan
for Striped Bass, dated October 1, 1981, prepared by the Commission, and
all amendments thereto related to fishing, including interim restoration
measures for Chesapeake Bay striped bass stocks as developed by the
Atlantic States Marine Fisheries Commission Striped Bass Management
Board in December 1983, whether or not such language is formally adopted
as an amendment to the Plan of October 1, 1981.
''(8) The term 'Secretary' means the Secretary of Commerce.
''(9) The term 'Secretaries' means the Secretary of Commerce and the
Secretary of the Interior.
''SEC. 4. COMMISSION FUNCTIONS.
''(a) Monitoring of Implementation and Enforcement. -- (1) During
December of fiscal year 1987, and of each fiscal year thereafter, and at
any other time it deems necessary, the Commission shall determine:
''(A) whether each coastal State has adopted all regulatory measures
necessary to fully implement the Plan in its coastal waters; and
''(B) whether the enforcement of the Plan by each coastal State is
satisfactory. Enforcement by a coastal State shall not be considered
satisfactory by the Commission if, in its view, the enforcement is being
carried out in such a manner that the implementation of the Plan within
its coastal waters is being, or will likely be, substantially and
adversely affected.
''(2) The Commission shall immediately notify the Secretaries of each
negative determination made by it under this subsection.
''(b) Secretarial Action After Notification. -- Upon receiving notice
from the Commission under subsection (a) that a coastal State has not
taken the actions described in that subsection, the Secretaries shall
determine jointly, within thirty days, whether that coastal State is in
compliance with the Plan and, if the State is not in compliance, the
Secretaries shall declare jointly a moratorium on fishing for Atlantic
striped bass within the coastal waters of that coastal State. In making
such a determination, the Secretaries shall carefully consider and
review the comments of the Commission and that coastal State in
question.
''SEC. 5. MORATORIUM.
''(a) Definitions. -- For purposes of this section --
''(1) The term 'moratorium area' means the coastal waters with
respect to which a declaration under section 4(b) applies.
''(2) The term 'moratorium period' means the period beginning on the
day on which moratorium is declared under section 4(b) regarding a
coastal State and ending on the day on which the Commission notifies the
Secretaries that that State has taken appropriate remedial action with
respect to those matters that were the cause of the moratorium being
declared.
''(b) Prohibited Acts During Moratorium. -- During a moratorium
period, it is unlawful for any person --
''(1) to engage in fishing within the moratorium area;
''(2) to land, or attempt to land, Atlantic striped bass that are
caught, taken, or harvested in violation of paragraph (1);
''(3) to land lawfully harvested Atlantic striped bass within the
boundaries of a coastal State when a moratorium declared under section
4(b) applies to that State; or
''(4) to fail to return to the water Atlantic striped bass to which
the moratorium applies that are caught incidental to harvesting that
occurs in the course of commercial or recreational fish catching
activities, regardless of the physical condition of the striped bass
when caught.
''(c) Penalties and Forfeitures. -- (1) Any person who is found by
the Secretaries, after notice and an opportunity for a hearing in
accordance with section 554 of title 5, United States Code, to have
committed an act that is unlawful under subsection (b), shall be liable
to the United States for a civil penalty. The amount of the civil
penalty shall not exceed $1,000 for each violation. Each day of
continuing violation shall constitute a separate offense. The amount of
such civil penalty shall be assessed by the Secretaries by written
notice. In determining the amount of such penalty, the Secretaries
shall take into account the nature, circumstances, extent, and gravity
of the prohibited act committed and, with respect to the violator, the
degree of culpability, any history of prior violations, ability to pay,
and such other matters as justice may require.
''(2) Subsections (b) through (e) of section 308 of the Magnuson Act
(16 U.S.C. 1858(b)-(e); relating to review of civil penalties, action
upon failure to pay assessment, compromise, and subpenas) shall apply to
penalties assessed under paragraph (1) to the same extent and in the
same manner as if those penalties were assessed under subsection (a) of
such section 308.
''(d) Civil Forfeitures. -- (1) Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and any fish (or the
fair market value thereof) taken or retained, in any manner, in
connection with, or the result of, the commission of any act that is
unlawful under subsection (b), shall be subject to forfeiture to the
United States. All or part of the vessel may, and all such fish (or the
fair market value thereof) shall, be forfeited to the United States
under a civil proceeding described in paragraph (2). The district
courts of the United States have jurisdiction over proceedings under
this subsection.
''(2) Subsections (c) through (e) of section 310 of the Magnuson Act
(16 U.S.C. 1860(c)-(e); relating to judgment, procedure, and rebuttable
presumptions) apply with respect to proceedings for forfeiture commenced
under this subsection to the same extent and in the same manner as if
the proceeding were commenced under subsection (a) of such section 310.
''(e) Enforcement. -- (1) The Secretaries shall enforce a moratorium
declared under section 4(b). The 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 department or agency and of any agency of a coastal State in
carrying out that enforcement.
''(2) Enforcement authority. -- A person authorized by the
Secretaries may take any action to enforce a moratorium declared under
section 4(b) that an officer authorized by the Secretary under section
311(b) of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1861(b)) may take to enforce that Act (16 U.S.C. 1801 et seq.).
''(3) Regulations. -- The Secretaries may issue regulations to
implement this subsection.
''SEC. 6. COMPREHENSIVE ANNUAL SURVEYS.
''For the purposes of implementing the provisions of this Act, the
Secretary and the Secretary of the Interior shall jointly conduct a
comprehensive annual survey of the Atlantic striped bass fisheries.
Each survey shall include, but not be limited to, a compilation and
assessment of the recreational and commercial landings of that species
in the coastal States during the period considered in the survey. The
results of each annual survey shall be published in the Federal
Register.
''SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.
''(a) Authorization. -- For each of fiscal years 1986, 1987, 1988,
1989, 1990, 1991, 1992, 1993, and 1994, there are authorized to be
appropriated such sums as may be necessary or appropriate to carry out
this Act.
''(b) Cooperative Agreements. -- The Secretaries may enter into
cooperative agreements with the Atlantic States Marine Fisheries
Commission for the purpose of using amounts appropriated pursuant to
this section to provide financial assistance to the Commission for
carrying out its functions under this Act.
''SEC. 8. SECRETARIAL STUDY.
''Within six months of the date of enactment of this Act (Oct. 31,
1984), the Secretaries shall review the existing Plan and shall report
to the Commission, the Chairman of the House Committee on Merchant
Marine and Fisheries, the Chairman of the Senate Committee on Commerce,
Science and Transportation and the Chairman of the Senate Committee on
Environment and Public Works on the adequacy of the Plan to achieve the
purposes of this Act. Such report shall include recommendations for
additional measures that may need to be taken and include
recommendations concerning specific State actions regarding the
management and conservation of striped bass.
''SEC. 9. EFFECTIVE PERIOD.
''Sections 1 through 8 shall take effect upon enactment of this Act
(Oct. 31, 1984) and shall cease to have force and effect at the close of
September 30, 1994.''
16 USC 1852. Regional Fishery Management Councils
TITLE 16 -- CONSERVATION
(a) Establishment
There shall be established, within 120 days after April 13, 1976,
eight Regional Fishery Management Councils, as follows:
(1) New England Council
The New England Fishery Management Council shall consist of the
States of Maine, New Hampshire, Massachusetts, Rhode Island, and
Connecticut and shall have authority over the fisheries in the Atlantic
Ocean seaward of such States (except as provided in section 1854(f)(3)
of this title). The New England Council shall have 17 voting members,
including 11 appointed by the Secretary in accordance with subsection
(b)(2) of this section (at least one of whom shall be appointed from
each such State).
(2) Mid-Atlantic Council
The Mid-Atlantic Fishery Management Council shall consist of the
States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and
Virginia and shall have authority over the fisheries in the Atlantic
Ocean seaward of such States (except as provided in section 1854(f)(3)
of this title). The Mid-Atlantic Council shall have 19 voting members,
including 12 appointed by the Secretary in accordance with subsection
(b)(2) of this section (at least one of whom shall be appointed from
each such State).
(3) South Atlantic Council
The South Atlantic Fishery Management Council shall consist of the
States of North Carolina, South Carolina, Georgia, and Florida and shall
have authority over the fisheries in the Atlantic Ocean seaward of such
States (except as provided in section 1854(f)(3) of this title). The
South Atlantic Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of this
section (at least one of whom shall be appointed from each such State).
(4) Caribbean Council
The Caribbean Fishery Management Council shall consist of the Virgin
Islands and the Commonwealth of Puerto Rico and shall have authority
over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of
such States (except as provided in section 1854(f)(3) of this title).
The Caribbean Council shall have 7 voting members, including 4 appointed
by the Secretary in accordance with subsection (b)(2) of this section
(at least one of whom shall be appointed from each such State).
(5) Gulf Council
The Gulf of Mexico Fishery Management Council shall consist of the
States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall
have authority over the fisheries in the Gulf of Mexico seaward of such
States (except as provided in section 1854(f)(3) of this title). The
Gulf Council shall have 17 voting members, including 11 appointed by the
Secretary in accordance with subsection (b)(2) of this section (at least
one of whom shall be appointed from each such State).
(6) Pacific Council
The Pacific Fishery Management Council shall consist of the States of
California, Oregon, Washington, and Idaho and shall have authority over
the fisheries in the Pacific Ocean seaward of such States. The Pacific
Council shall have 13 voting members, including 8 appointed by the
Secretary in accordance with subsection (b)(2) of this section (at least
one of whom shall be appointed from each such State).
(7) North Pacific Council
The North Pacific Fishery Management Council shall consist of the
States of Alaska, Washington, and Oregon and shall have authority over
the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward
of Alaska. The North Pacific Council shall have 11 voting members,
including 7 appointed by the Secretary in accordance with subsection
(b)(2) of this section (5 of whom shall be appointed from the State of
Alaska and 2 of whom shall be appointed from the State of Washington).
(8) Western Pacific Council
The Western Pacific Fishery Management Council shall consist of the
States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands
and shall have authority over the fisheries in the Pacific Ocean seaward
of such States and of the Commonwealths, territories, and possessions of
the United States in the Pacific Ocean area. The Western Pacific
Council shall have 13 voting members, including 8 appointed by the
Secretary in accordance with subsection (b)(2) of this section (at least
one of whom shall be appointed from each of the following States:
Hawaii, American Samoa, Guam, and the Northern Mariana Islands).
Each Council shall reflect the expertise and interest of the several
constituent States in the ocean area over which such Council is granted
authority.
(b) Voting members
(1) The voting members of each Council shall be:
(A) The principal State official with marine fishery management
responsibility and expertise in each constituent State, who is
designated as such by the Governor of the State, so long as the official
continues to hold such position, or the designee of such official.
(B) The regional director of the National Marine Fisheries Service
for the geographic area concerned, or his designee, except that if two
such directors are within such geographical area, the Secretary shall
designate which of such directors shall be the voting member.
(C) The members required to be appointed by the Secretary in
accordance with subsection (b)(2) of this section.
(2)(A) The members of each Council required to be appointed by the
Secretary must be individuals who, by reason of their occupational or
other experience, scientific expertise, or training, are knowledgeable
regarding the conservation and management, or the commercial or
recreational harvest, of the fishery resources of the geographical area
concerned. Within nine months after November 28, 1990, the Secretary
shall, by regulation, prescribe criteria for determining whether an
individual satisfies the requirements of this subparagraph.
(B) The Secretary, in making appointments under this section, shall,
to the extent practicable, ensure a fair and balanced apportionment, on
a rotating or other basis, of the active participants (or their
representatives) in the commercial and recreational fisheries under the
jurisdiction of the Council. On January 31, 1991, and each year
thereafter, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a report on the
actions taken by the Secretary to ensure that such fair and balanced
apportionment is achieved. The report shall --
(i) list the fisheries under the jurisdiction of each Council,
outlining for each fishery the type and quantity of fish harvested,
fishing and processing methods employed, the number of participants, the
duration and range of the fishery, and other distinguishing
characteristics;
(ii) assess the membership of each Council in terms of the
apportionment of the active participants in each such fishery; and
(iii) state the Secretary's plans and schedule for actions to achieve
a fair and balanced apportionment on the Council for the active
participants in any such fishery.
(C) The Secretary shall appoint the members of each Council from a
list of individuals submitted by the Governor of each applicable
constituent State. A Governor may not submit the names of individuals
to the Secretary for appointment unless the Governor has determined that
each such individual is qualified under the requirements of subparagraph
(A) and unless the Governor has, to the extent practicable, first
consulted with representatives of the commercial and recreational
fishing interests of the State regarding those individuals. Each such
list shall include the names and pertinent biographical data of not less
than three individuals for each applicable vacancy and shall be
accompanied by a statement by the Governor explaining how each such
individual meets the requirements of subparagraph (A). The Secretary
shall review each list submitted by a Governor to ascertain if the
individuals on the list are qualified for the vacancy on the basis of
such requirements. If the Secretary determines that any individual is
not qualified, the Secretary shall notify the appropriate Governor of
that determination. The Governor shall then submit a revised list or
resubmit the original list with an additional explanation of the
qualifications of the individual in question. An individual is not
eligible for appointment by the Secretary until that individual complies
with the applicable financial disclosure requirements under subsection
(k) of this section.
(D) Whenever the Secretary makes an appointment to a Council, the
Secretary shall make a public announcement of such appointment not less
than 45 days before the first day on which the individual is to take
office as a member of the Council.
(3) Each voting member appointed to a Council by the Secretary in
accordance with subsection (b)(2) of this section shall serve for a term
of 3 years; except that the Secretary may designate a shorter term if
necessary to provide for balanced expiration to terms of office. No
member appointed after January 1, 1986, may serve more than three
consecutive terms. Any term completed prior to December 31, 1987, shall
not be counted in determining the number of consecutive terms served by
any Council member.
(4) Successors to the voting members of any Council shall be
appointed in the same manner as the original voting members. Any
individual appointed to fill a vacancy occurring prior to the expiration
of any term of office shall be appointed for the remainder of that term.
(5) The Secretary may remove for cause any member of a Council
required to be appointed by the Secretary in accordance with subsection
(b)(2) of this section if the Council concerned first recommends removal
by not less than two-thirds of the members who are voting members. A
removal recommendation of a Council must be in writing and accompanied
by a statement of the reasons upon which the recommendation is based.
(c) Nonvoting members
(1) The nonvoting members of each Council shall be:
(A) The regional or area director of the United States Fish and
Wildlife Service for the geographical area concerned, or his designee.
(B) The Commander of the Coast Guard district for the geographical
area concerned, or his designee; except that, if two Coast Guard
districts are within such geographical area, the commander designated
for such purpose by the commandant of the Coast Guard.
(C) The executive director of the Marine Fisheries Commission for the
geographical area concerned, if any, or his designee.
(D) One representative of the Department of State designated for such
purpose by the Secretary of State, or his designee.
(2) The Pacific Council shall have one additional nonvoting member
who shall be appointed by, and serve at the pleasure of, the Governor of
Alaska.
(d) Compensation and expenses
The voting members of each Council, who are not employed by the
Federal Government or any State or local government, shall, until
January 1, 1992, receive compensation at the daily rate for GS-18 of the
General Schedule, and after December 31, 1991, at the daily rate for
GS-16 of the General Schedule, when engaged in the actual performance of
duties for such Council. The voting members of each Council, any
nonvoting member described in subsection (c)(1)(C) of this section, and
the nonvoting member appointed pursuant to subsection (c)(2) of this
section shall be reimbursed for actual expenses incurred in the
performance of such duties, and other nonvoting members and Council
staff members may be reimbursed for actual expenses.
(e) Transaction of business
(1) A majority of the voting members of any Council shall constitute
a quorum, but one or more such members designated by the Council may
hold hearings. All decisions of any Council shall be by majority vote
of the voting members present and voting.
(2) The voting members of each Council shall select a Chairman for
such Council from among the voting members.
(3) Each Council shall meet at appropriate times and places in any of
the constituent States of the Council at the call of the Chairman or
upon the request of a majority of its voting members.
(4) If any voting member of a Council disagrees with respect to any
matter which is transmitted to the Secretary by such Council, such
member may submit a statement to the Secretary setting forth the reasons
for such disagreement. The regional director of the National Marine
Fisheries Service serving on the Council, or the regional director's
designee, shall submit such a statement, which shall be made available
to the public upon request, if the regional director disagrees with any
such matter.
(f) Staff and administration
(1) Each Council may appoint, and assign duties to, an executive
director and such other full- and part-time administrative employees as
the Secretary determines are necessary to the performance of its
functions.
(2) Upon the request of any Council, and after consultation with the
Secretary, the head of any Federal agency is authorized to detail to
such Council, on a reimbursable basis, any of the personnel of such
agency, to assist such Council in the performance of its functions under
this chapter.
(3) The Secretary shall provide to each Council such administrative
and technical support services as are necessary for the effective
functioning of such Council.
(4) The Administrator of General Services shall furnish each Council
with such offices, equipment, supplies, and services as he is authorized
to furnish to any other agency or instrumentality of the United States.
(5) The Secretary and the Secretary of State shall furnish each
Council with relevant information concerning foreign fishing and
international fishery agreements.
(6) Each Council shall determine its organization, and prescribe its
practices and procedures for carrying out its functions under this
chapter, in accordance with such uniform standards as are prescribed by
the Secretary. The procedures of a Council, and of its scientific and
statistical committee and advisory panels established under subsection
(g) of this section, must be consistent with the procedural guidelines
set forth in subsection (i)(2) of this section. Each Council shall
publish and make available to the public a statement of its
organization, practices, and procedures.
(7) The Secretary shall pay --
(A) the compensation and expenses provided for in subsection (d) of
this section;
(B) appropriate compensation to employees appointed under paragraph
(1);
(C) the amounts required for reimbursement of other Federal agencies
under paragraphs (2) and (4);
(D) the actual expenses of the members of the committees and panels
established under subsection (g) of this section; and
(E) such other costs as the Secretary determines are necessary to the
performance of the functions of the Councils.
(g) Committees and panels
(1) Each Council shall establish and maintain, and appoint the
members of, a scientific and statistical committee to assist it in the
development, collection, and evaluation of such statistical, biological,
economic, social, and other scientific information as is relevant to
such Council's development and amendment of any fishery management plan.
(2) Each Council shall establish such other advisory panels as are
necessary or appropriate to assist it in carrying out its functions
under this chapter.
(3)(A) Each Council shall establish and maintain a fishing industry
advisory committee which shall provide information and recommendations
on, and assist in the development of, fishery management plans and
amendments to such plans.
(B) Appointments to a committee established under subparagraph (A)
shall be made by each Council in such a manner as to provide fair
representation to commercial fishing interests in the geographical area
of authority of the Council.
(4) Decisions and recommendations made by committees and panels
established under this subsection shall be considered to be advisory in
nature.
(h) Functions
Each Council shall, in accordance with the provisions of this chapter
--
(1) prepare and submit to the Secretary a fishery management plan
with respect to each fishery (except as provided in section 1854(f)(3)
of this title) within its geographical area of authority that requires
conservation and management and, from time to time, such amendments to
each such plan as are necessary;
(2) prepare comments on any application for foreign fishing
transmitted to it under section 1824(b)(4)(C) of this title, and any
fishery management plan or amendment transmitted to it under section
1854(c)(2) of this title;
(3) conduct public hearings, at appropriate times and in appropriate
locations in the geographical area concerned, so as to allow all
interested persons an opportunity to be heard in the development of
fishery management plans and amendments to such plans, and with respect
to the administration and implementation of the provisions of this
chapter (and for purposes of this paragraph, the term ''geographical
area concerned'' may include an area under the authority of another
Council if the fish in the fishery concerned migrate into, or occur in,
that area or if the matters being heard affect fishermen of that area;
but not unless such other Council is first consulted regarding the
conduct of such hearings within its area);
(4) submit to the Secretary such periodic reports as the Council
deems appropriate, and any other relevant report which may be requested
by the Secretary;
(5) review on a continuing basis, and revise as appropriate, the
assessments and specifications made pursuant to section 1853(a)(3) and
(4) of this title with respect to the optimum yield from, the capacity
and extent to which United States fish processors will process United
States harvested fish from, and the total allowable level of foreign
fishing in, each fishery (except as provided in section 1854(f)(3) of
this title) within its geographical area of authority; and
(6) conduct any other activities which are required by, or provided
for in, this chapter or which are necessary and appropriate to the
foregoing functions.
(i) Fishery habitat concerns
(1) Each Council --
(A) may comment on and make recommendations concerning any activity
undertaken, or proposed to be undertaken, by any State or Federal agency
that, in the view of the Council, may affect the habitat of a fishery
resource under its jurisdiction; and
(B) shall comment on and make recommendations concerning any such
activity that, in the view of the Council, is likely to substantially
affect the habitat of an anadromous fishery resource under its
jurisdiction.
(2) Within 45 days after receiving a comment or recommendation under
paragraph (1) from a Council, a Federal agency shall provide a detailed
response, in writing, to the Council regarding the matter. In the case
of a comment or recommendation under paragraph (1)(B), the response
shall include a description of measures being considered by the agency
for mitigating or offsetting the impact of the activity on such habitat.
(j) Procedural matters
(1) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Councils or to the scientific and statistical committees or
advisory panels of the Councils.
(2) The following guidelines apply with respect to the conduct of
business at meetings of a Council, and of the scientific and statistical
committee and advisory panels of a Council:
(A) Unless closed in accordance with paragraph (3), each regular
meeting and each emergency meeting shall be open to the public.
(B) Emergency meetings shall be held at the call of the chairman or
equivalent presiding officer.
(C) Timely public notice of each regular meeting and each emergency
meeting, including the time, place, and agenda of the meeting, shall be
published in local newspapers in the major fishing ports of the
Council's region (and in other major fishing ports having a direct
interest in the affected fishery) and such notice may be given by such
other means as will result in wide publicity. Timely notice of each
regular meeting shall also be published in the Federal Register.
(D) Interested persons shall be permitted to present oral or written
statements regarding the matters on the agenda at meetings.
(E) Minutes of each meeting shall be kept and shall contain a record
of the persons present, an accurate description of matters discussed and
conclusions reached, and copies of all statements filed.
(F) Subject to the procedures established by the Council under
paragraph (4), and the guidelines prescribed by the Secretary under
section 1853(d) of this title, relating to confidentiality, the
administrative record, including minutes required under subparagraph
(E), of each meeting, and records or other documents which were made
available to or prepared for or by the Council, committee, or panel
incident to the meeting, shall be available for public inspection and
copying at a single location in the offices of the Council.
(3)(A) Each Council, scientific, and statistical committee, and
advisory panel --
(i) shall close any meeting, or portion thereof, that concerns
matters or information that bears a national security classification;
and
(ii) may close any meeting, or portion thereof, that concerns matters
or information that pertains to national security, employment matters,
or briefings on litigation in which the Council is interested.
Subparagraphs (D) and (F) of paragraph (2) shall not apply to any
meeting or portion thereof that is so closed.
(B) If any meeting or portion is closed, the Council concerned shall
notify local newspapers in the major fishing ports within its region
(and in other major, affected fishing ports), including in that
notification the time and place of the meeting. This subpararaph /1/
does not require notification regarding any brief closure of a
portion of a meeting in order to discuss employment or other internal
administrative matters.
(4) Each Council shall establish appropriate procedures applicable to
it and to its committee and advisory panels for ensuring the
confidentiality of the statistics that may be submitted to it by Federal
or State authorities, and may be voluntarily submitted to it by private
persons; including, but not limited to, procedures for the restriction
of Council employee access and the prevention of conflicts of interest;
except that such procedures, in the case of statistics submitted to the
Council by a State or by the Secretary under section 1853(d) of this
title, must be consistent with the laws and regulations of that State,
or with the procedures of the Secretary, as the case may be, concerning
the confidentiality of the statistics.
(5) Each Council shall specify those procedures that are necessary or
appropriate to ensure that the committees and advisory panels
established under subsection (g) of this section are involved, on a
continuing basis, in the development and amendment of fishery management
plans.
(6) At any time when a Council determines it appropriate to consider
new information from a State or Federal agency or from a Council
advisory body, the Council shall give comparable consideration to new
information offered at that time by interested members of the public.
Interested parties shall have a reasonable opportunity to respond to new
data or information before the Council takes final action on
conservation and management measures.
(k) Disclosure of financial interest
(1) For purposes of this subsection, the term ''affected individual''
means an individual who --
(A) is nominated by the Governor of a State for appointment as a
voting member of a Council in accordance with subsection (b)(2) of this
section;
(B) is a voting member of a Council appointed under subsection (b)(2)
of this section; or
(C) is the executive director of a Council.
(2) Each affected individual must disclose any financial interest
held by --
(A) that individual;
(B) the spouse, minor child, or partner of that individual; and
(C) any organization (other than the Council) in which that
individual is serving as an officer, director, trustee, partner, or
employee;
in any harvesting, processing, or marketing activity that is being,
or will be, undertaken within any fishery over which the Council
concerned has jurisdiction.
(3) The disclosure required under paragraph (2) shall be made --
(A) in the case of an affected individual referred to in paragraph
(1)(A), before appointment by the Secretary; and
(B) in the case of an affected individual referred to in paragraph
(1)(B) or (C), within 45 days of taking office.
(4) An affected individual referred to in paragraph (1)(B) or (C)
must update his or her disclosure form at any time any such financial
interest is acquired, or substantially changed, by any person referred
to in paragraph (2)(A), (B), or (C).
(5) The financial interest disclosures required by this subsection
shall --
(A) be made on such forms, in accordance with such procedures, and at
such times, as the Secretary shall by regulation prescribe; and
(B) be kept on file, and made available for public inspection at
reasonable hours, at the Council offices.
(6) The participation by an affected individual referred to in
paragraph (1)(B) or (C) in an action by a Council during any time in
which that individual is not in compliance with the regulations
prescribed under paragraph (5) may not be treated as cause for the
invalidation of that action.
(7) Section 208 of title 18 does not apply to an affected individual
referred to in paragraph (1)(B) or (C) during any time in which that
individual is in compliance with the regulations prescribed under
paragraph (5).
(Pub. L. 94-265, title III, 302, Apr. 13, 1976, 90 Stat. 347; Pub.
L. 95-354, 5(1), Aug. 28, 1978, 92 Stat. 521; Pub. L. 96-561, title
II, 234, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 97-453, 5, Jan. 12,
1983, 96 Stat. 2484; Pub. L. 99-659, title I, 104(a)(1), (b)-(e)(1),
Nov. 14, 1986, 100 Stat. 3709, 3710; Pub. L. 101-627, title I,
108(a)-(j), 120(c), Nov. 28, 1990, 104 Stat. 4444-4446, 4459; Pub. L.
102-582, title IV, 403, Nov. 2, 1992, 106 Stat. 4909.)
This chapter, referred to in subsecs. (f)(2), (6), (g)(2), and (h),
was in the original ''this Act'', meaning Pub. L. 94-265, Apr. 13,
1976, 90 Stat. 331, as amended, known as the Magnuson Fishery
Conservation and Management Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1801 of this title and Tables.
The Federal Advisory Committee Act (5 U.S.C. App.), referred to in
subsec. (j), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5, Government
Organization and Employees.
1992 -- Subsec. (b)(3). Pub. L. 102-582 substituted ''December 31,
1987'' for ''January 1, 1986''.
1990 -- Subsec. (a). Pub. L. 101-627, 108(a), inserted ''(except as
provided in section 1854(f)(3) of this title)'' before period at end of
first sentence in pars. (1) to (5).
Subsec. (b)(2). Pub. L. 101-627, 108(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
''(A) The members of each Council required to be appointed by the
Secretary must be individuals who are knowledgeable and experienced with
regard to the conservation and management, or the recreational or
commercial harvest, of the fishery resources of the geographical area
concerned. The Secretary, in making appointments under this section,
shall, to the extent practicable, ensure a fair apportionment, on a
rotating or other basis, of the active participants (or their
representatives) involved in the fisheries under Council jurisdiction.
''(B) The Secretary shall appoint the members of each Council from a
list of individuals submitted by the Governor of each applicable
constituent State. A Governor may not submit the names of individuals
to the Secretary for appointment unless the Governor has, to the extent
practicable, first consulted with representatives of the commercial and
recreational fishing interests of the state regarding those individuals.
Each such list shall include the names and pertinent biographical data
of not less than three individuals for each applicable vacancy. The
Secretary shall review each list submitted by a Governor to ascertain if
the individuals on the list are qualified for the vacancy on the basis
of the required knowledge and experience required by subparagraph (A).
If the Secretary determines that any individual is not qualified, he
shall notify the appropriate Governor of that determination. The
Governor shall then submit a revised list or resubmit the original list
with an additional explanation of the qualifications of the individual
in question. An individual is not eligible for appointment by the
Secretary until that individual complies with the applicable financial
disclosure requirements under subsection (k) of this section.
''(C) Whenever the Secretary makes an appointment to a Council, he
shall make a public announcement of such appointment not less than 45
days before the first day on which the individual is to take office as a
member of the Council.''
Subsec. (b)(3). Pub. L. 101-627, 108(c), inserted at end ''No member
appointed after January 1, 1986, may serve more than three consecutive
terms. Any term completed prior to January 1, 1986, shall not be
counted in determining the number of consecutive terms served by any
Council member.''
Subsec. (d). Pub. L. 101-627, 108(d), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ''The
voting members of each Council, who are not employed by the Federal
Government or any State or local government, shall receive compensation
at the daily rate for GS-18 of the General Schedule when engaged in the
actual performance of duties for such Council. The voting members of
each Council, any nonvoting member described in subsection (c)(1)(C) of
this section, and the nonvoting member appointed pursuant to subsection
(c)(2) of this section shall be reimbursed for actual expenses incurred
in the performance of such duties, and other nonvoting members may be
reimbursed for actual expenses.''
Subsec. (e)(3). Pub. L. 101-627, 108(e)(1), substituted ''at
appropriate times and places in any of the constituent States of the
Council'' for ''in the geographical area concerned''.
Subsec. (e)(4). Pub. L. 101-627, 108(e)(2), inserted at end ''The
regional director of the National Marine Fisheries Service serving on
the Council, or the regional director's designee, shall submit such a
statement, which shall be made available to the public upon request, if
the regional director disagrees with any such matter.''
Subsec. (g)(3), (4). Pub. L. 101-627, 108(f), added pars. (3) and
(4).
Subsec. (h). Pub. L. 101-627, 108(g), inserted ''(except as provided
in section 1854(f)(3) of this title)'' before ''within its
geographical'' in pars. (1) and (5).
Subsec. (i). Pub. L. 101-627, 108(h), amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: ''Each
Council may comment on, or make recommendations concerning, any activity
undertaken, or proposed to be undertaken, by any State or Federal agency
that, in the view of the Council, may affect the habitat of a fishery
resource under its jurisdiction. Within 45 days after receiving such a
comment or recommendation from a Council, a Federal agency must provide
a detailed response, in writing, to the Council regarding the matter.''
Subsec. (j)(3)(A). Pub. L. 101-627, 108(i)(1), substituted period
for semicolon in cl. (ii), and in concluding provisions struck out
''and if any meeting or portion is closed, the Council, committee, or
panel concerned shall publish notice of the closure in local newspapers
in the major fishing ports within its region (and in other major,
affected fishing ports), including the time and place of the meeting.''
before ''Subparagraphs (D) and (F)'' and inserted ''of paragraph (2)''
after ''Subparagraphs (D) and (F)''.
Subsec. (j)(3)(B). Pub. L. 101-627, 108(i)(2), added subpar. (B).
Subsec. (j)(4). Pub. L. 101-627, 120(c), substituted ''Council
employee'' for ''council employee''.
Subsec. (j)(6). Pub. L. 101-627, 108(j), added par. (6).
1986 -- Subsec. (b)(2)(A). Pub. L. 99-659, 104(a)(1)(A), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: ''The members of each Council required to be appointed by the
Secretary must be individuals who are knowledgeable or experienced with
regard to the management, conservation, or recreational or commercial
harvest of the fishery resources of the geographical area concerned.''
Subsec. (b)(2)(B). Pub. L. 99-659, 104(a)(1)(B), inserted provision
that a Governor may not submit the names of individuals to the Secretary
for appointment unless the Governor has, to the extent practicable,
first consulted with representatives of the commercial and recreational
fishing interests of the state regarding those individuals, substituted
''knowledge and experience'' for ''knowledge or experience'', and
inserted provision that an individual is not eligible for appointment by
the Secretary until that individual complies with applicable financial
disclosure requirements under subsec. (k) of this section.
Subsec. (b)(3). Pub. L. 99-659, 104(a)(1)(C), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''Each
voting member appointed to a Council by the Secretary in accordance with
subsection (b)(2) of this section shall serve for a term of 3 years;
except that, with respect to the members initially so appointed, the
Secretary shall designate up to one-third thereof to serve for a term of
1 year, up to one-third thereof to serve for a term of 2 years, and the
remaining such members to serve for a term of 3 years.''
Subsec. (i). Pub. L. 99-659, 104(b), added subsec. (i). Former
subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 99-659, 104(b)(1), redesignated former subsec.
(i) as (j).
Subsec. (j)(4). Pub. L. 99-659, 104(c), substituted ''; except that
such procedures, in the case of statistics submitted to the Council by a
State or by the Secretary under section 1853(d) of this title, must be
consistent with the laws and regulations of that State, or with the
procedures of the Secretary, as the case may be, concerning the
confidentiality of the statistics'' for ''; except that such procedures
must, in the case of statistics submitted to the Council by a State, be
consistent with the laws and regulations of that State concerning the
confidentiality of such statistics''.
Subsec. (j)(5). Pub. L. 99-659, 104(d), added par. (5).
Subsec. (k). Pub. L. 99-659, 104(e)(1), added subsec. (k).
1983 -- Subsec. (a)(1) to (7). Pub. L. 97-453, 5(1)(A),
substituted ''in accordance with subsection (b)(2)'' for ''pursuant to
subsection (b)(1)(C)'' wherever appearing.
Subsec. (a)(8). Pub. L. 97-453, 5(1)(B), substituted provision that
the Western Pacific Fishery Management Council shall consist of the
States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands
and shall have authority over the fisheries in the Pacific Ocean seaward
of such States and of the Commonwealths, territories, and possessions of
the United States in the Pacific Ocean area, for provision that the
Western Pacific Fishery Management Council would consist of the State of
Hawaii, American Samoa, and Guam and have authority over the fisheries
in the Pacific Ocean seaward of such States, and provision that the
Western Pacific Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of this
section at least one of whom shall be appointed from each of Hawaii,
American Samoa, Guam, and the Northern Mariana Islands, for provision
that the Western Pacific Council would have 11 voting members, including
7 appointed by the Secretary pursuant to former subsection (b)(1)(C) of
this section (at least one of whom would be appointed from each such
State).
Subsec. (b)(1)(C). Pub. L. 97-453, 5(2)(A), substituted reference to
subsec. (b)(2) of this section for characterization of the members to
be appointed as members of a list of qualified individuals submitted by
the Governor of each applicable constituent State, that with respect to
initial appointments, such Governors submit such lists to the Secretary
as soon as practicable, not later than 45 days after April 13, 1976,
that ''list of qualified individuals'' included the names (including
pertinent biographical data) of not less than three such individuals for
each applicable vacancy, and that ''qualified individual'' meant an
individual knowledgeable or experienced with regard to the management,
conservation, or recreational or commercial harvest, of the fishery
resources of the geographical area concerned.
Subsec. (b)(2) to (5). Pub. L. 97-453, 5(2)(B)-(E), added pars.
(2) and (5), redesignated existing pars. (2) and (3) as (3) and (4),
respectively, and in par. (3), as redesignated, substituted ''by the
Secretary in accordance with subsection (b)(2) of this section'' for
''pursuant to paragraph (1)(C)'' after ''appointed to a Council''.
Subsec. (f)(6). Pub. L. 97-453, 5(3), inserted requirement that the
procedures of a Council and associated committees and panels be
consistent with the procedural guidelines set forth in subsec. (i)(2).
Subsec. (h)(1). Pub. L. 97-453, 5(4)(A), inserted ''that requires
conservation and management'' after ''authority''.
Subsec. (h)(2). Pub. L. 97-453, 5(4)(B), substituted ''section
1824(b)(4)(C)'' for ''section 1824(b)(4)(B)''.
Subsec. (h)(3). Pub. L. 97-453, 5(4)(C), inserted parenthetical
definition of ''geographical area concerned''.
Subsec. (h)(4). Pub. L. 97-453, 5(4)(D), struck out subpar. (A)
which provided for a report, before Feb. 1 of each year, on the
Council's activities during the immediately preceding calendar year, and
struck out the subparagraph designators before subpars. (B) and (C).
Subsec. (i). Pub. L. 97-453, 5(5), added subsec. (i).
1980 -- Subsec. (d). Pub. L. 96-561 inserted provision that other
nonvoting members may be reimbursed for actual expenses.
1978 -- Subsec. (h)(5). Pub. L. 95-354 inserted provisions relating
to capacity and extent to which United States fish processors will
process harvested fish.
Section 104(a)(2) of Pub. L. 99-659 provided that: ''The amendments
made by paragraph (1) (amending this section) shall apply with respect
to voting members of regional fishery management councils who are
appointed, and to individuals who are nominated for appointment as
voting members, on or after the date of the enactment of this Act (Nov.
14, 1986).''
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.
Section 104(e)(2) of Pub. L. 99-659 provided that: ''For purposes
of applying subsection (k) of section 302 of the Act (as added by
paragraph (1)) (16 U.S.C. 1852(k)) to voting members and executive
directors of regional fishery management councils who are serving in
those capacities on the date on which the regulations prescribed to
carry out that subsection first take effect, each such member or
director must file a disclosure form under that subsection within 45
days after that date.''
Section 113 of Pub. L. 99-659 provided that: ''Notwithstanding
section 302 of the Act (16 U.S.C. 1852) and effective on and after the
date of the enactment of this Act (Nov. 14, 1986), the Secretary shall
take action to ensure, to the extent practicable, that those persons
dependent for their livelihood upon the fisheries within the respective
jurisdictions of the Regional Fishery Management Councils are fairly
represented as voting members of the Councils.''
section 1415.
/1/ So in original. Probably should be ''subparagraph''.
16 USC 1853. Contents of fishery management plans
TITLE 16 -- CONSERVATION
(a) Required provisions
Any fishery management plan which is prepared by any Council, or by
the Secretary, with respect to any fishery, shall --
(1) contain the conservation and management measures, applicable to
foreign fishing and fishing by vessels of the United States, which are
--
(A) necessary and appropriate for the conservation and management of
the fishery, to prevent overfishing, and to protect, restore, and
promote the long-term health and stability of the fishery;
(B) described in this subsection or subsection (b) of this section,
or both; and
(C) consistent with the national standards, the other provisions of
this chapter, regulations implementing recommendations by international
organizations in which the United States participates (including but not
limited to closed areas, quotas, and size limits), and any other
applicable law;
(2) contain a description of the fishery, including, but not limited
to, the number of vessels involved, the type and quantity of fishing
gear used, the species of fish involved and their location, the cost
likely to be incurred in management, actual and potential revenues from
the fishery, any recreational interests in the fishery, and the nature
and extent of foreign fishing and Indian treaty fishing rights, if any;
(3) assess and specify the present and probable future condition of,
and the maximum sustainable yield and optimum yield from, the fishery,
and include a summary of the information utilized in making such
specification;
(4) assess and specify --
(A) the capacity and the extent to which fishing vessels of the
United States, on an annual basis, will harvest the optimum yield
specified under paragraph (3),
(B) the portion of such optimum yield which, on an annual basis, will
not be harvested by fishing vessels of the United States and can be made
available for foreign fishing, and
(C) the capacity and extent to which United States fish processors,
on an annual basis, will process that portion of such optimum yield that
will be harvested by fishing vessels of the United States;
(5) specify the pertinent data which shall be submitted to the
Secretary with respect to the fishery, including, but not limited to,
information regarding the type and quantity of fishing gear used, catch
by species in numbers of fish or weight thereof, areas in which fishing
was engaged in, time of fishing, number of hauls, and the estimated
processing capacity of, and the actual processing capacity utilized by,
United States fish processors, /1/
(6) consider and provide for temporary adjustments, after
consultation with the Coast Guard and persons utilizing the fishery,
regarding access to the fishery for vessels otherwise prevented from
harvesting because of weather or other ocean conditions affecting the
safe conduct of the fishery; except that the adjustment shall not
adversely affect conservation efforts in other fisheries or discriminate
among participants in the affected fishery;
(7) include readily available information regarding the significance
of habitat to the fishery and assessment as to the effects which changes
to that habitat may have upon the fishery;
(8) in the case of a fishery management plan that, after January 1,
1991, is submitted to the Secretary for review under section 1854(a) of
this title (including any plan for which an amendment is submitted to
the Secretary for such review) or is prepared by the Secretary, assess
and specify the nature and extent of scientific data which is needed for
effective implementation of the plan; and
(9) include a fishery impact statement for the plan or amendment (in
the case of a plan or amendment thereto submitted to or prepared by the
Secretary after October 1, 1990) which shall assess, specify, and
describe the likely effects, if any, of the conservation and management
measures on --
(A) participants in the fisheries affected by the plan or amendment;
and
(B) participants in the fisheries conducted in adjacent areas under
the authority of another Council, after consultation with such Council
and representatives of those participants.
(b) Discretionary provisions
Any fishery management plan which is prepared by any Council, or by
the Secretary, with respect to any fishery, may --
(1) require a permit to be obtained from, and fees to be paid to, the
Secretary, with respect to --
(A) any fishing vessel of the United States fishing, or wishing to
fish, in the exclusive economic zone or for anadromous species or
Continental Shelf fishery resources beyond such zone;
(B) the operator of any such vessel; or
(C) any United States fish processor who first receives fish that are
subject to the plan;
(2) designate zones where, and periods when, fishing shall be
limited, or shall not be permitted, or shall be permitted only by
specified types of fishing vessels or with specified types and
quantities of fishing gear;
(3) establish specified limitations on the catch of fish (based on
area, species, size, number, weight, sex, incidental catch, total
biomass, or other factors), which are necessary and appropriate for the
conservation and management of the fishery;
(4) prohibit, limit, condition, or require the use of specified types
and quantities of fishing gear, fishing vessels, or equipment for such
vessels,, including devices which may be required to facilitate
enforcement of the provisions of this chapter;
(5) incorporate (consistent with the national standards, the other
provisions of this chapter, and any other applicable law) the relevant
fishery conservation and management measures of the coastal States
nearest to the fishery;
(6) establish a system for limiting access to the fishery in order to
achieve optimum yield if, in developing such system, the Council and the
Secretary take into account --
(A) present participation in the fishery,
(B) historical fishing practices in, and dependence on, the fishery,
(C) the economics of the fishery,
(D) the capability of fishing vessels used in the fishery to engage
in other fisheries,
(E) the cultural and social framework relevant to the fishery, and
(F) any other relevant considerations;
(7) require fish processors who first receive fish that are subject
to the plan to submit data (other than economic data) which are
necessary for the conservation and management of the fishery;
(8) require that observers be carried on board a vessel of the United
States engaged in fishing for species that are subject to the plan, for
the purpose of collecting data necessary for the conservation and
management of the fishery; except that such a vessel shall not be
required to carry an observer on board if the facilities of the vessel
for the quartering of an observer, or for carrying out observer
functions, are so inadequate or unsafe that the health or safety of the
observer or the safe operation of the vessel would be jeopardized;
(9) assess and specify the effect which the conservation and
management measures of the plan will have on the stocks of naturally
spawning anadromous fish in the region; and
(10) prescribe such other measures, requirements, or conditions and
restrictions as are determined to be necessary and appropriate for the
conservation and management of the fishery.
(c) Proposed regulations
The proposed regulations which the Council deems necessary or
appropriate for purposes of carrying out a plan or amendment to a plan
shall be submitted to the Secretary simultaneously with the plan or
amendment for action by the Secretary under sections 1854 and 1855 of
this title.
(d) Confidentiality of statistics
Any statistic submitted to the Secretary by any person in compliance
with any requirement under subsections (a) and (b) of this section shall
be confidential and shall not be disclosed; except --
(1) to Federal employees and Council employees who are responsible
for management plan development and monitoring;
(2) to State employees pursuant to an agreement with the Secretary
that prevents public disclosure of the identity or business of any
person; or
(3) when required by court order.
The Secretary shall, by regulation, prescribe such procedures as may
be necessary to preserve such confidentiality, except that the Secretary
may release or make public any such statistics in any aggregate or
summary form which does not directly or indirectly disclose the identity
or business of any person who submits such statistics. Nothing in this
subsection shall be interpreted or construed to prevent the use for
conservation and management purposes by the Secretary, or with the
approval of the Secretary, the Council, of any statistic submitted in
compliance with a requirement under subsection (a) or (b) of this
section.
(e) Data collection programs
If a Council determines that additional information and data (other
than information and data that would disclose proprietary or
confidential commercial or financial information regarding fishing
operations or fish processing operations) would be beneficial for the
purposes of --
(1) determining whether a fishery management plan is needed for a
fishery; or
(2) preparing a fishery management plan;
the Council may request that the Secretary implement a data
collection program for the fishery which would provide the types of
information and data (other than information and data that would
disclose proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations) specified by
the Council. The Secretary shall approve such a data collection program
if he determines that the need is justified, and shall promulgate
regulations to implement the program within 60 days after such
determination is made. If the Secretary determines that the need for a
data collection program is not justified, he shall inform the Council of
the reasons for such determination in writing. The determinations of
the Secretary under this subsection regarding a Council request shall be
made within a reasonable period of time after he receives that request.
(f) Restriction on use of certain data
The Secretary shall promulgate regulations to restrict the use, in
civil enforcement or criminal proceedings under this chapter, the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or the
Endangered Species Act (16 U.S.C. 1531 et seq.), of information
collected by voluntary fishery data collectors, including sea samplers,
while aboard any vessel for conservation and management purposes if the
presence of such a fishery data collector aboard is not required by any
of such Acts or regulations thereunder.
(Pub. L. 94-265, title III, 303, Apr. 13, 1976, 90 Stat. 351; Pub.
L. 95-354, 5(2), (3), Aug. 28, 1978, 92 Stat. 521; Pub. L. 97-453,
6, Jan. 12, 1983, 96 Stat. 2486; Pub. L. 99-659, title I, 101(c)(2),
105(a)(1), (b), Nov. 14, 1986, 100 Stat. 3707, 3711; Pub. L. 101-627,
title I, 109, Nov. 28, 1990, 104 Stat. 4447; Pub. L. 102-251, title
III, 301(g), Mar. 9, 1992, 106 Stat. 64.)
Pub. L. 102-251, title III, 301(g), 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, subsection (b)(1)(A) is amended by inserting ''or special
areas,'' after ''exclusive economic zone'' and ''or areas'' after ''such
zone''.
The Marine Mammal Protection Act of 1972, referred to in subsec.
(f), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,
which is classified generally to chapter 31 ( 1361 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1361 of this title and Tables.
The Endangered Species Act, referred to in subsec. (f), probably
means the Endangered Species Act of 1973, 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.
1990 -- Subsec. (a)(1)(A). Pub. L. 101-627, 109(a)(1), inserted
before semicolon at end '', to prevent overfishing, and to protect,
restore, and promote the long-term health and stability of the
fishery''.
Subsec. (a)(1)(C). Pub. L. 101-627, 109(a)(2), inserted
''regulations implementing recommendations by international
organizations in which the United States participates (including but not
limited to closed areas, quotas, and size limits),'' after ''this
chapter,''.
Subsec. (a)(6). Pub. L. 101-627, 109(a)(3), amended par. (6)
generally. Prior to amendment, par. (6) read as follows: ''consider,
and may provide for, temporary adjustments, after consultation with the
Coast Guard and persons utilizing the fishery, regarding access to the
fishery for vessels otherwise prevented from harvesting because of
weather or other ocean conditions affecting the safety of the vessels;
and''.
Subsec. (a)(8), (9). Pub. L. 101-627, 109(a)(4), (5), added pars.
(8) and (9).
Subsec. (b)(1). Pub. L. 101-627, 109(b)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''require a
permit to be obtained from, and fees to be paid to, the Secretary with
respect to any fishing vessel of the United States fishing, or wishing
to fish, in the exclusive economic zone, or for anadromous species or
Continental Shelf fishery resources beyond such zone;''.
Subsec. (b)(7) to (10). Pub. L. 101-627, 109(b)(2), added pars.
(7) and (8) and redesignated former pars. (7) and (8) as (9) and (10),
respectively.
Subsec. (d). Pub. L. 101-627, 109(c), in introductory provisions
substituted ''subsections (a) and (b)'' for ''subsection (a)(5)'', added
par. (2), redesignated former par. (2) as (3), and inserted at end
''Nothing in this subsection shall be interpreted or construed to
prevent the use for conservation and management purposes by the
Secretary, or with the approval of the Secretary, the Council, of any
statistic submitted in compliance with a requirement under subsection
(a) or (b) of this section.''
Subsec. (f). Pub. L. 101-627, 109(d), added subsec. (f).
1986 -- Subsec. (a)(6), (7). Pub. L. 99-659, 105(a)(1), added
pars. (6) and (7).
Subsec. (b)(1). Pub. L. 99-659, 101(c)(2), substituted ''exclusive
economic zone'' for ''fishery conservation zone''.
Subsec. (d). Pub. L. 99-659, 105(b), amended first sentence
generally. Prior to amendment, first sentence read as follows: ''Any
statistics submitted to the Secretary by any person in compliance with
any requirement under subsection (a)(5) of this section shall be
confidential and shall not be disclosed except when required under court
order.''
1983 -- Subsec. (b)(7), (8). Pub. L. 97-453, 6(1), added par. (7)
and redesignated former par. (7) as (8).
Subsec. (c). Pub. L. 97-453, 6(2), substituted provision that the
proposed regulation which the Council deems necessary or appropriate for
purposes of carrying out a plan or amendment to a plan shall be
submitted to the Secretary simultaneously with the plan or amendment for
action by the Secretary under sections 1854 and 1855 of this title, for
provision that any Council could prepare any proposed regulations which
it deemed necessary and appropriate to carry out any fishery management
plan, or any amendment to any fishery management plan, which was
prepared by it, and that such proposed regulations would be submitted to
the Secretary, together with such plan or amendment, for action by the
Secretary pursuant to sections 1854 and 1855 of this title.
Subsec. (e). Pub. L. 97-453, 6(3), added subsec. (e).
1978 -- Subsec. (a)(4)(C). Pub. L. 95-354, 5(2), added subpar.
(C).
Subsec. (a)(5). Pub. L. 95-354, 5(3), inserted provisions relating
to estimated processing capacity of, and the actual processing utilized
by, United States fish processors.
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.
Section 105(a)(2) of Pub. L. 99-659 provided that: ''The amendments
made by paragraph (1) (amending this section) apply to each fishery
management plan that --
''(A) is submitted to the Secretary of Commerce for review under
section 304(a) of the Act (16 U.S.C. 1854(a)), or that is prepared by
the Secretary, after January 1, 1987; or
''(B) is in effect on that date, but compliance with those amendments
is not required except in conjunction with the amendment to the plan
next occurring after that date.''
/1/ So in original. The comma probably should be a semicolon.
16 USC 1854. Action by Secretary
TITLE 16 -- CONSERVATION
(a) Action by Secretary after receipt of plan
(1) After the Secretary receives a fishery management plan, or
amendment to a plan, which was prepared by a Council, the Secretary
shall --
(A) immediately make a preliminary evaluation of the management plan
or amendment for purposes of deciding if it is consistent with the
national standards and sufficient in scope and substance to warrant
review under this subsection and --
(i) if that decision is affirmative, implement subparagraphs (B),
(C), and (D) with respect to the plan or amendment, or
(ii) if that decision is negative --
(I) disapprove the plan or amendment, and
(II) notify the Council, in writing, of the disapproval and of those
matters specified in subsection (b)(2)(A), (B) and (C) of this section
as they relate to the plan or amendment;
(B) immediately commence a review of the management plan or amendment
to determine whether it is consistent with the national standards, the
other provisions of this chapter, and any other applicable law;
(C) immediately publish in the Federal Register a notice stating that
the plan or amendment is available and that written data, views, or
comments of interested persons on the plan or amendment may be submitted
to the Secretary during the 60-day period beginning on the receipt date;
and
(D) by the 15th day after the receipt date --
(i) make such changes in the proposed regulations submitted for the
plan or amendment under section 1853(c) of this title as may be
necessary for the implementation of the plan, and
(ii) publish such proposed regulations, including any changes made
thereto under clause (i), in the Federal Register together with an
explanation of those changes which are substantive.
(2) In undertaking the review required under paragraph (1)(B), the
Secretary shall --
(A) take into account the data, views, and comments received from
interested persons;
(B) consult with the Secretary of State with respect to foreign
fishing; and
(C) consult with the Secretary of the department in which the Coast
Guard is operating with respect to enforcement at sea and to fishery
access adjustments referred to in section 1853(a)(6) of this title.
(3)(A) The Secretary shall take action under this section on any
fishery management plan or amendment to a plan which the Council
characterizes as being a final plan or amendment.
(B) For purposes of this section, the term ''receipt date'' means the
5th day after the day on which a Council transmits to the Secretary a
fishery management plan, or an amendment to a plan, that it
characterizes as a final plan or amendment.
(b) Review by Secretary
(1) A plan or amendment shall take effect and be implemented in
accordance with section 1855(a) of this title if --
(A) the Secretary does not notify the Council in writing of --
(i) his disapproval under subsection (a)(1)(A)(ii) of this section,
or
(ii) his disapproval, or partial disapproval, under paragraph (2), of
the plan or amendment before the close of the 95th day after the receipt
date; or
(B) at any time subsequent to the 60th day after the receipt date and
before such 95th day, the Secretary notifies the Council in writing that
he does not intend to disapprove, or partially disapprove, the plan or
amendment.
(2) If after review under subsection (a) of this section the
Secretary determines that the plan or amendment is not consistent with
the criteria set forth in paragraph (1)(B) of that subsection, the
Secretary shall notify the Council in writing of his disapproval or
partial disapproval of the plan or amendment. Such notice shall specify
--
(A) the applicable law with which the plan or amendment is
inconsistent;
(B) the nature of such inconsistency; and
(C) recommendations concerning the actions that could be taken by the
Council to conform such plan or amendment to the requirements of
applicable law.
(3)(A) If the Secretary disapproves a proposed plan or amendment
under subsection (a)(1)(A)(ii) of this section, or disapproves, or
partially disapproves, a proposed plan or amendment under paragraph (2),
the Council may submit a revised plan or amendment, accompanied by
appropriately revised proposed regulations, to the Secretary.
(B) After the Secretary receives a revised plan or amendment under
subparagraph (A) or (C)(ii), the Secretary shall immediately --
(i) commence a review of the plan or amendment to determine whether
it complies with the criteria set forth in subsection (a)(1)(B) of this
section;
(ii) publish in the Federal Register a notice stating that the
revised plan or amendment is available and that written data, views, or
comments of interested persons on the plan or amendment may be submitted
to the Secretary during the 30-day period beginning on the date
(hereinafter in this paragraph referred to as the ''revised receipt
date'') the plan or amendment was submitted to the Secretary under
subparagraph (A) or (C)(ii); and
(iii) review the revised proposed regulations, if any, submitted by
the Council and make such changes to them as may be necessary for the
implementation of the plan, and thereafter publish such revised proposed
regulations (as so changed) in the Federal Register together with an
explanation of each of such changes that is substantive.
(C)(i) Before the close of the 60th day after the revised receipt
date, the Secretary, after taking into account any data, views, or
comments received under subparagraph (B)(ii), shall complete the review
required under subparagraph (B)(i) and determine whether the plan or
amendment complies with the criteria set forth in subsection (a)(1)(B)
of this section. If the Secretary determines that a plan or amendment
is not in compliance with such criteria, he shall immediately notify the
Council of his disapproval of the plan or amendment.
(ii) After notifying a Council of disapproval under clause (i), the
Secretary shall promptly provide to the Council a written statement of
the reasons on which the disapproval was based and advise the Council
that it may submit a further revised plan or amendment, together with
appropriately revised proposed regulations, for review and determination
under this paragraph.
(D) A revised plan or amendment shall take effect and be implemented
in accordance with section 1855(a) of this title if the Secretary does
not notify the Council, in writing, by the close of the 60th day after
the revised receipt date of his disapproval of the plan or amendment.
(c) Preparation by Secretary
(1) The Secretary may prepare a fishery management plan, with respect
to any fishery, or any amendment to any such plan, in accordance with
the national standards, the other provisions of this chapter, and any
other applicable law, if --
(A) the appropriate Council fails to develop and submit to the
Secretary, after a reasonable period of time, a fishery management plan
for such fishery, or any necessary amendment to such a plan, if such
fishery requires conservation and management; or
(B) the Secretary disapproves or partially disapproves any such plan
or amendment, or disapproves a revised plan or amendment, and the
Council involved fails to submit a revised or further revised plan or
amendment, as the case may be.
In preparing any such plan or amendment, the Secretary shall consult
with the Secretary of State with respect to foreign fishing and with the
Secretary of the department in which the Coast Guard is operating with
respect to enforcement at sea. The Secretary shall also prepare such
proposed regulations as he deems necessary or appropriate to carry out
each plan or amendment prepared by him under this paragraph.
(2)(A) Whenever, under paragraph (1), the Secretary prepares a
fishery management plan or amendment, the Secretary shall immediately --
(i) submit such plan or amendment, and proposed regulations to
implement such plan or amendment, to the appropriate Council for
consideration and comment;
(ii) publish in the Federal Register a notice stating that the plan
or amendment is available and that written data, views, or comments of
interested persons on the plan or amendment may be submitted to the
Secretary during the 60-day period beginning on the date the plan or
amendment was submitted under clause (i); and
(iii) by the 15th day after the date of submission under clause (i),
submit for publication in the Federal Register the proposed regulations
to implement the plan or amendment.
(B) The appropriate Council must submit its comments and
recommendations, if any, regarding the plan or amendment to the
Secretary before the close of the 60-day period referred to in
subparagraph (A)(ii). After the close of such 60-day period, the
Secretary, after taking into account any such comments and
recommendations, as well as any views, data, or comments submitted under
subparagraph (A)(ii), may implement such plan or amendment under section
1855(a) of this title.
(3) Notwithstanding paragraph (1), the Secretary may not include in
any fishery management plan, or any amendment to any such plan, prepared
by him, a provision establishing a limited access system described in
section 1853(b)(6) of this title, unless such system is first approved
by a majority of the voting members, present and voting, of each
appropriate Council.
(d) Establishment of fees
The Secretary shall by regulation establish the level of any fees
which are authorized to be charged pursuant to section 1853(b)(1) of
this title. The Secretary may enter into a cooperative agreement with
the States concerned under which the States administer the permit system
and the agreement may provide that all or part of the fees collected
under the system shall accrue to the States. The level of fees charged
under this subsection shall not exceed the administrative costs incurred
in issuing the permits.
(e) Fisheries research
(1) The Secretary shall initiate and maintain, in cooperation with
the Councils, a comprehensive program of fishery research to carry out
and further the purposes, policy, and provisions of this chapter. Such
program shall be designed to acquire knowledge and information,
including statistics, on fishery conservation and management and on the
economics of the fisheries.
(2) Within one year after November 28, 1990, and at least every three
years thereafter, the Secretary shall develop and publish in the Federal
Register a strategic plan for fisheries research for the five years
immediately following such publication. The plan shall --
(A) identify and describe a comprehensive program with a limited
number of priority objectives for research in each of the areas
specified in paragraph (3);
(B) indicate the goals and timetables for the program described in
subparagraph (A); and
(C) provide a role for affected commercial fishermen in such
research, including involvement in field testing.
(3) The areas of research referred to in paragraph (2) are as
follows:
(A) Research to support fishery conservation and management,
including research on the economics of fisheries and biological research
concerning the interdependence of fisheries or stocks of fish, the
impact of pollution on fish populations, the impact of wetland and
estuarine degradation, and other matters bearing upon the abundance and
availability of fish.
(B) Conservation engineering research, including the study of fish
behavior and the development and testing of new gear technology and
fishing techniques to minimize the harvest of nontarget species and
promote efficient harvest of target species.
(C) Information management research, including the development of a
fishery information base and an information management system that will
permit the full use of data in the support of effective fishery
conservation and management.
(4) In developing the plan required under paragraph (2), the
Secretary shall consult with relevant Federal agencies, scientific and
technical experts, and other interested persons, public and private, and
shall publish a proposed plan in the Federal Register for the purpose of
receiving public comment on the plan. The Secretary shall ensure that
affected commercial fishermen are actively involved in the development
of the portion of the plan pertaining to conservation engineering
research. Upon final publication in the Federal Register, the plan
shall be submitted by the Secretary to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives.
(f) Fisheries under authority of more than one Council
(1) Except as provided in paragraph (3), if any fishery extends
beyond the geographical area of authority of any one Council, the
Secretary may --
(A) designate which Council shall prepare the fishery management plan
for such fishery and any amendment to such plan; or
(B) may require that the plan and amendment be prepared jointly by
the Councils concerned.
No jointly prepared plan or amendment may be submitted to the
Secretary unless it is approved by a majority of the voting members,
present and voting, of each Council concerned.
(2) The Secretary shall establish the boundaries between the
geographical areas of authority of adjacent Councils.
(3)(A) The Secretary shall have authority over any highly migratory
species fishery that is within the geographical area of authority of
more than one of the following Councils: New England Council,
Mid-Atlantic Council, South Atlantic Council, Gulf Council, and
Caribbean Council.
(B) In accordance with the provisions of this chapter and any other
applicable law, the Secretary shall --
(i) identify research and information priorities, including observer
requirements and necessary data collection and analysis for the
conservation and management of highly migratory species;
(ii) prepare and amend fishery management plans with respect to
highly migratory species fisheries to which this paragraph applies; and
(iii) diligently pursue, through international entities (such as the
International Commission for the Conservation of Atlantic Tunas),
international fishery management measures with respect to fishing for
highly migratory species.
(C) In preparing or amending any fishery management plan under this
paragraph, the Secretary shall --
(i) conduct public hearings, at appropriate times and in appropriate
locations in the geographical areas concerned, so as to allow interested
persons an opportunity to be heard in the preparation and amendment of
the plan;
(ii) consult with and consider the comments and views of
commissioners and advisory groups appointed under Acts implementing
relevant international fishery agreements pertaining to highly migratory
species;
(iii) consult with and consider the comments and views of affected
Councils;
(iv) evaluate the likely effects, if any, of conservation and
management measures on participants in the fisheries affected by the
plan and minimize, to the extent practicable, any disadvantage to United
States fishermen in relation to foreign competitors; and
(v) review, on a continuing basis (and promptly whenever a
recommendation pertaining to fishing for highly migratory species has
been made under a relevant international fishery agreement), and revise
as appropriate, the conservation and management measures included in the
plan.
(D) Conservation and management measures contained in any fishery
management plan under this paragraph shall --
(i) take into consideration traditional fishing patterns of fishing
vessels of the United States and the operating requirements of the
fisheries;
(ii) be fair and equitable in allocating fishing privileges among
United States fishermen and not have economic allocation as the sole
purpose; and
(iii) promote international conservation.
(E) With respect to a highly migratory species for which the United
States is authorized to harvest an allocation or quota under a relevant
international fishery agreement, the Secretary shall provide fishing
vessels of the United States with a reasonable opportunity to harvest
such allocation or quota.
(F) In implementing the provisions of this paragraph, the Secretary
shall consult with --
(i) the Secretary of State;
(ii) commissioners and advisory groups appointed under Acts
implementing relevant international fishery agreements pertaining to
highly migratory species; and
(iii) appropriate Councils.
(g) Incidental harvest research
(1) Within 9 months after November 28, 1990, the Secretary shall,
after consultation with the Gulf of Mexico Fishery Management Council
and South Atlantic Fishery Management Council, establish by regulation a
3-year program to assess the impact on fishery resources of incidental
harvest by the shrimp trawl fishery within the authority of such
Councils.
(2) The program established pursuant to paragraph (1) shall provide
for the identification of stocks of fish which are subject to
significant incidental harvest in the course of normal shrimp trawl
fishing activity.
(3) For stocks of fish identified pursuant to paragraph (2), with
priority given to stocks which (based upon the best available scientific
information) are considered to be overfished, the Secretary shall
conduct --
(A) a program to collect and evaluate data on the nature and extent
(including the spatial and temporal distribution) of incidental
mortality of such stocks as a direct result of shrimp trawl fishing
activities;
(B) an assessment of the status and condition of such stocks,
including collection of information which would allow the estimation of
life history parameters with sufficient accuracy and precision to
support sound scientific evaluation of the effects of various management
alternatives on the status of such stocks; and
(C) a program of data collection and evaluation for such stocks on
the magnitude and distribution of fishing mortality and fishing effort
by sources of fishing mortality other than shrimp trawl fishing
activity.
(4) The Secretary shall, in cooperation with affected interests,
commence a program to design, and evaluate the efficacy of,
technological devices and other changes in fishing technology for the
reduction of incidental mortality of nontarget fishery resources in the
course of shrimp trawl fishing activity. Such program shall take into
account local conditions and include evaluation of any reduction in
incidental mortality, as well as any reduction or increase in the
retention of shrimp in the course of normal fishing activity.
(5) The Secretary shall, upon completion of the programs required by
this subsection, submit a detailed report on the results of such
programs to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Merchant Marine and Fisheries of the
House of Representatives.
(6)(A) Except as provided in this paragraph, the Secretary may not
implement any measures under this chapter to reduce incidental mortality
of nontarget fishery resources in the course of shrimp trawl fishing
which would restrict the period during which shrimp are harvested or
would require the use of any technological device or other change in
fishing technology.
(B) The prohibition contained in subparagraph (A) shall cease on
January 1, 1994.
(C) This paragraph does not apply to any law or regulation in effect
on November 28, 1990, nor does it limit in any way the Secretary's
authority to take action, including any limitation on entry permitted by
this chapter, for the conservation and management of the shrimp fishery
resource.
(Pub. L. 94-265, title III, 304, Apr. 13, 1976, 90 Stat. 352; Pub.
L. 97-453, 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L. 99-659, title
I, 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L. 101-627, title I,
110(a), (b)(1), (c), 111(a)(2), 120(d), Nov. 28, 1990, 104 Stat.
4449-4452, 4459; Pub. L. 102-567, title III, 303, Oct. 29, 1992, 106
Stat. 4283.)
1992 -- Subsec. (e)(1). Pub. L. 102-567 added par. (1). Former par.
(1) redesignated (2).
Subsec. (e)(2). Pub. L. 102-567 redesignated par. (1) as (2) and
substituted ''(3)'' for ''(2)'' in subpar. (A). Former par. (2)
redesignated (3).
Subsec. (e)(3). Pub. L. 102-567 redesignated par. (2) as (3) and
substituted ''(2)'' for ''(1)'' in introductory provisions. Former par.
(3) redesignated (4).
Subsec. (e)(4). Pub. L. 102-567 redesignated par. (3) as (4) and
substituted ''(2)'' for ''(1)''.
1990 -- Subsec. (b)(1), (3)(D). Pub. L. 101-627, 111(a)(2)(A),
(B), substituted ''section 1855(a)'' for ''section 1855(c)''.
Subsec. (c)(2)(B). Pub. L. 101-627, 120(d), substituted
''appropriate Council'' for ''appropriate council''.
Pub. L. 101-627, 111(a)(2)(C), substituted ''section 1855(a)'' for
''section 1855(c)''.
Subsec. (e). Pub. L. 101-627, 110(a), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ''The
Secretary shall initiate and maintain, in cooperation with the Councils,
a comprehensive program of fishery research to carry out and further the
purposes, policy, and provisions of this chapter. Such program shall be
designed to acquire knowledge and information, including statistics, on
fishery conservation and management and on the economics of the
fisheries, including, but not limited to, biological research concerning
the interdependence of fisheries or stocks of fish, the impact of
pollution on fish, the impact of wetland and estuarine degradation, and
other matters bearing upon the abundance and availability of fish. The
Secretary shall annually review and update the comprehensive program and
make the results of the review and update available to the Councils.''
Subsec. (f). Pub. L. 101-627, 110(b)(1), in heading substituted
''Fisheries under authority of more than one Council'' for
''Miscellaneous duties'', in par. (1) substituted ''Except as provided
in paragraph (3), if'' for ''If'', and added par. (3).
Subsec. (g). Pub. L. 101-627, 110(c), added subsec. (g).
1986 -- Subsec. (a)(1). Pub. L. 99-659, 106(1)(A), struck out
''(the date of receipt of which is hereafter in this section referred to
as the 'receipt date')'' after ''by a Council'' in introductory
provisions.
Subsec. (a)(1)(A), (B). Pub. L. 99-659, 106(1)(B), (C), added
subpar. (A) and redesignated former subpars. (A) and (B) as (B) and
(C), respectively.
Subsec. (a)(1)(C). Pub. L. 99-659, 106(1)(B), (D), redesignated
former subpar. (B) as (C) and substituted ''60-day'' for ''75-day''.
Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D). Pub. L. 99-659, 106(1)(B), (E), redesignated
former subpar. (C) as (D) and substituted ''15th day'' for ''30th
day''.
Subsec. (a)(2). Pub. L. 99-659, 106(1)(F), substituted ''paragraph
(1)(B)'' for ''paragraph (1)(A)'' in introductory provisions and
inserted ''and to fishery access adjustments referred to in section
1853(a)(6) of this title'' in subpar. (C).
Subsec. (a)(3). Pub. L. 99-659, 106(1)(G), added par. (3).
Subsec. (b)(1)(A). Pub. L. 99-659, 106(2)(A), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ''the
Secretary does not notify the Council in writing of his disapproval, or
partial disapproval, under paragraph (2), of the plan or amendment
before the close of the 95th day after the receipt date; or''.
Subsec. (b)(1)(B). Pub. L. 99-659, 106(2)(B), substituted ''60th
day'' for ''75th day''.
Subsec. (b)(2). Pub. L. 99-659, 106(2)(C), substituted ''paragraph
(1)(B)'' for ''paragraph (1)(A)'' in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 99-659, 106(2)(D)(i), inserted
''disapproves a proposed plan or amendment under subsection
(a)(1)(A)(ii) of this section, or''.
Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99-659, 106(2)(D)(ii),
substituted ''subsection (a)(1)(B)'' for ''subsection (a)(1)(A)''.
Subsec. (c)(2)(A)(ii). Pub. L. 99-659, 106(3)(A), substituted
''60-day'' for ''75-day''.
Subsec. (c)(2)(A)(iii). Pub. L. 99-659, 106(3)(B), substituted
''15th day'' for ''30th day''.
Subsec. (c)(2)(B). Pub. L. 99-659, 106(3)(C), substituted ''60-day''
for ''75-day'' in two places.
Subsec. (e). Pub. L. 99-659, 106(4), inserted '', in cooperation
with the Councils,'', ''and on the economics of the fisheries'', and
''The Secretary shall annually review and update the comprehensive
program and make the results of the review and update available to the
Councils.''
1983 -- Subsec. (a). Pub. L. 97-453, 7(a)(1), amended subsec. (a)
generally, which had provided that within 60 days after the Secretary
received any fishery management plan, or any amendment to any such plan,
which was prepared by any Council, the Secretary was to review such plan
or amendment pursuant to subsection (b) of this section, notify such
Council in writing of his approval, disapproval, or partial disapproval
of such plan or amendment, and that in the case of disapproval or
partial disapproval, the Secretary was to include in such notification a
statement and explanation of the Secretary's objections and the reasons
therefor, suggestions for improvement, a request to such Council to
change such plan or amendment to satisfy the objections, and a request
to resubmit the plan or amendment, as so modified, to the Secretary
within 45 days after the date on which the Council received such
notification.
Subsec. (b). Pub. L. 97-453, 7(a)(1), amended subsec. (b)
generally, which had provided that the Secretary was to review any
fishery management plan, and any amendment to any such plan, prepared by
any Council and submitted to him to determine whether it was consistent
with the national standards, the other provisions of this chapter, and
any other applicable law, and that in carrying out such review, the
Secretary was to consult with the Secretary of State with respect to
foreign fishing, and the Secretary of the department in which the Coast
Guard was operating with respect to enforcement at sea.
Subsec. (c)(1). Pub. L. 97-453, 7(a)(2)(A), in subpar. (B)
substituted ''or disapproves a revised plan or amendment, and the
Council involved fails to submit a revised or further revised plan or
amendment, as the case may be'' for ''and the Council involved fails to
change such plan or amendment in accordance with the notification made
under subsection (a)(2) of this section'', and added to the provisions
following subpar. (B) a requirement that the Secretary also prepare
such proposed regulations as he deems necessary or appropriate to carry
out each plan or amendment prepared by him under this paragraph.
Subsec. (c)(2). Pub. L. 97-453, 7(a)(2)(B), amended par. (2)
generally, which had provided that whenever, pursuant to paragraph (1),
the Secretary prepared a fishery management plan or amendment, the
Secretary was to promptly transmit such plan or amendment to the
appropriate Council for consideration and comment, that within 45 days
after the date of receipt of such plan or amendment, the appropriate
Council could recommend, to the Secretary, changes in such plan or
amendment, consistent with the national standards, the other provisions
of this chapter, and any other applicable law, and that after the
expiration of such 45-day period, the Secretary could implement such
plan or amendment pursuant to section 1855 of this title.
Subsec. (d). Pub. L. 97-453, 7(a)(3), inserted provisions relating
to agreements with the States for the administration of the permit
system and the permissible accrual to the States of fees collected under
the system.
Section 7(b) of Pub. L. 97-453 provided that: ''The amendments made
by subsection (a) (amending this section) shall only apply with respect
to fishery management plans and amendments thereto that are initially
submitted to the Secretary of Commerce on or after the date of the
enactment of this Act (Jan. 12, 1983) for action under section 304 (this
section).''
Section 108(k) of Pub. L. 101-627 provided that: ''Notwithstanding
the amendments made by subsections (a) and (g) (amending section 1852 of
this title), any fishery management plan or amendment which --
''(1) addresses a highly migratory species fishery to which section
304(f)(3) of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1854(f)(3)) (as amended by this Act) applies,
''(2) was prepared by one or more Regional Fishery Management
Councils, and
''(3) was in force and effect on January 1, 1990,
shall remain in force and effect until superseded by a fishery
management plan prepared by the Secretary, and regulations implementing
that plan.''