Imágenes de páginas
PDF
EPUB

(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.)

REFERENCES IN TEXT

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.

CODIFICATION

Section was not enacted as part of the Coastal Zone Management Act of 1972 which comprises this chapter.

TERMINATION OF ADVISORY COUNCILS

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.

§ 1464. Authorization of appropriations (a) Sums appropriated to Secretary

There are authorized to be appropriated to the Secretary, to remain available until expended(1) for grants under sections 1455, 1455a, and 1456b of this title

(A) $47,600,000 for fiscal year 1997;
(B) $49,000,000 for fiscal year 1998; and
(C) $50,500,000 for fiscal year 1999; and

(2) for grants under section 1461 of this title

(A) $4,400,000 for fiscal year 1997;

(B) $4,500,000 for fiscal year 1998; and
(C) $4,600,000 for fiscal year 1999.

(b) 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. (c) 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; Pub. L. 104-150, § 4, June 3, 1996, 110 Stat. 1381.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), 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.

AMENDMENTS

1996 Subsec. (a). Pub. L. 104–150, §4(1), amended subsec. (a) generally, substituting provisions of pars. (1) and (2) setting forth appropriations for grants under sections 1455, 1455a, 1456b, and 1461 for fiscal years 1997, 1998, and 1999 for provisions of pars. (1) to (4) setting forth appropriations for grants under sections 1454, 1455, 1455a, 1456b, and 1461 and activities under section 1456c for fiscal years during the period beginning Oct. 1, 1990, and ending Sept. 30, 1995.

Subsecs. (b) to (d). Pub. L. 104-150, §4(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: "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."

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,".

SECTION REFERRED TO IN OTHER SECTIONS.

This section is referred to in section 1455b of this title.

§ 1465. Appeals to Secretary (a) Notice

The Secretary shall publish in the Federal Register a notice indicating when the decision record has been closed on any appeal to the Secretary taken from a consistency determination under section 1456(c) or (d) of this title. No later than 90 days after the date of publication of this notice, the Secretary shall

(1) issue a final decision in the appeal; or (2) publish a notice in the Federal Register detailing why a decision cannot be issued within the 90-day period.

(b) Deadline

In the case where the Secretary publishes a notice under subsection (a)(2) of this section, the Secretary shall issue a decision in any appeal filed under section 1456 of this title no later than 45 days after the date of the publication of the notice.

(c) Application

This section applies to appeals initiated by the Secretary and appeals filed by an applicant.

(Pub. L. 89-454, title III, §319, as added Pub. L. 104-150, §8, June 3, 1996, 110 Stat. 1382.)

CHAPTER 34-RURAL ENVIRONMENTAL
CONSERVATION PROGRAM

§§ 1501 to 1508. Repealed. Pub. L. 104–127, title III, § 336(d)(1), Apr. 4, 1996, 110 Stat. 1006 Section 1501, 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, related to establishment and purpose of program, contracting and purchasing authority of Secretary, and maintenance of continuing and stable supply of agricultural commodities and forest products.

Section 1502, Pub. L. 91-524, title X, §1002, as added Pub. L. 93-86, §1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary.

Section 1503, 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, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modification of contracts.

Section 1504, Pub. L. 91-524, title X, §1004, as added Pub. L. 93-86, §1(28), Aug. 10, 1973, 87 Stat. 243, authorized furnishing of conservation materials to eligible owners and operators.

Section 1505, 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, authorized establishment of multiyear set-aside contracts.

Section 1506, Pub. L. 91-524, title X, §1006, as added Pub. L. 93-86, §1(28), Aug. 10, 1973, 87 Stat. 244, authorized issuance of rules and regulations as well as limitations on total retired acreage.

Section 1507, 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, directed appointment of advisory boards to assist in development of programs under this chapter.

Section 1508, Pub. L. 91-524, title X, §1008, as added Pub. L. 93-86, §1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facilities to carry out programs and plans.

$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

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.

EFFECTIVE DATE OF REPEAL

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.

§ 1510. Repealed. Pub. L. 104-127, title III, § 336(d)(1), Apr. 4, 1996, 110 Stat. 1006 Section, 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, related to authorization of appropriations as well as construction

[blocks in formation]
[blocks in formation]

(a) Generally.

in Western

(b) Species held in captivity or controlled

environment.

(c) Violation of Convention.

(d) Imports and exports.

(e) Reports.

(f) Designation of ports.

(g) Violations.

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. 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. Endangered plants.

Authorization of appropriations.

(a) In general.

(b) Exemptions.

(c) Convention implementation.

Construction with Marine Mammal Protection Act of 1972.

Annual cost analysis by Fish and Wildlife Service.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 410aaa-80, 460iii-5, 460jjj-1, 460777, 471j, 545b, 620, 823c, 1362, 1371, 1387, 1389, 1413, 1881a, 2404, 2407, 2408, 2705, 2902, 2912, 3125, 3645, 3741, 3743, 4202, 4241, 4244, 4401, 4402, 4404, 4912, 5301, 5305a, 6406 of this title; title 7 sections 136, 2814; title 25 section 715c; title 33 sections 2283, 2333.

§ 1531. Congressional findings and declaration of purposes and policy

(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.)

REFERENCES IN TEXT

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 "Endan

gered Species Act of 1973", which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

AMENDMENTS

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".

EFFECTIVE DATE

Section 16 of Pub. L. 93-205 provided that: "This Act [enacting this chapter, amending sections 460k-1, 4607-9, 668dd, 7151, 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]."

SHORT TITLE OF 1982 AMENDMENT

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'."

SHORT TITLE OF 1978 AMENDMENT

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'."

SHORT TITLE

Section 1 of Pub. L. 93-205 provided: "That this Act [enacting this chapter, amending sections 460k-1, 4607-9, 668dd, 7151, 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'."

RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973

Pub. L. 102-251, title III, § 305, Mar. 9, 1992, 106 Stat. 66, as amended by Pub. L. 104-208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "The special areas defined in section 3(24) of the Magnuson-Stevens 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.)."

MINIMIZATION OF CONFLICTS WITH RECREATIONAL
FISHERIES

For provision that all Federal agencies minimize conflicts between recreational fisheries and administration of this chapter, see Ex. Ord. No. 12962, §4, June 7, 1995, 60 F.R. 30770, set out as a note under section 1801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1539 of this title. § 1532. Definitions

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

« AnteriorContinuar »