16 U.S.C. § 3510 — Authorization of appropriations

Page 2312 TITLE 16—CONSERVATION § 3506 and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. EXPANSION OF HIGHWAYS IN MICHIGAN Pub. L. 100–707, title II, § 204(d), Nov. 23, 1988, 102 Stat. 4715, exempted existing highways in Michigan from limitations on the use of Federal expenditures or finan- cial assistance within the Coastal Barrier Resources System under 16 U.S.C. 3505(a)(3) if the Congress added new units to the Coastal Barrier Resources System under 16 U.S.C. 3503, and those units included portions of United States or State highways in the State of Michigan, prior to repeal by Pub. L. 101–591, § 5(b), Nov. 16, 1990, 104 Stat. 2936. See section 3505(c) of this title. § 3506. Certification of compliance (a) Regulations Not later than 1 year after November 25, 2024, the head of each Federal agency affected by this chapter shall revise or issue regulations and guidance as necessary to ensure compliance with the provisions of this chapter. (b) Certification The head of each Federal agency affected by this chapter shall report and certify that each such agency is in compliance with the provi- sions of this chapter. Such reports and certifi- cations shall be submitted annually to the Com- mittees and the Secretary. (Pub. L. 97–348, § 7, Oct. 18, 1982, 96 Stat. 1657; Pub. L. 101–591, § 14, Nov. 16, 1990, 104 Stat. 2941; Pub. L. 118–117, title I, § 105(a), Nov. 25, 2024, 138 Stat. 1612.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–117 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Not later than 12 months after November 16, 1990, the head of each Federal agency affected by this chapter shall promulgate regulations to assure compliance with the provisions of this chapter.’’ 1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: ‘‘The Director of the Office of Management and Budget shall, on be- half of each Federal agency concerned, make written certification that each such agency has complied with the provisions of this chapter during each fiscal year beginning after September 30, 1982. Such certification shall be submitted on an annual basis to the House of Representatives and the Senate pursuant to the sched- ule required under the Congressional Budget and Im- poundment Control Act of 1974.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annually sub- mitting reports and certifications to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 42 of House Document No. 103–7. § 3507. Priority of laws Nothing contained in this chapter shall be construed as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a political subdivision of a State, or to relieve any person of any obligation imposed by any law of any State, or political subdivision of a State. No provision of this chapter shall be construed to invalidate any provision of State or local law unless there is a direct conflict between such provision and the law of the State, or political subdivision of the State, so that the two cannot be reconciled or consistently stand together. This chapter shall in no way be interpreted to interfere with a State’s right to protect, reha- bilitate, preserve, and restore lands within its established boundary. (Pub. L. 97–348, § 8, Oct. 18, 1982, 96 Stat. 1658.) § 3508. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other per- sons not similarly situated or to other cir- cumstances shall not be affected thereby. (Pub. L. 97–348, § 9, Oct. 18, 1982, 96 Stat. 1658.) § 3509. Repealed. Pub. L. 106–514, § 4(a)(3), Nov. 13, 2000, 114 Stat. 2396 Section, Pub. L. 97–348, § 10, Oct. 18, 1982, 96 Stat. 1658; Pub. L. 106–167, § 3(c)(4), Dec. 9, 1999, 113 Stat. 1804, re- quired report to Congress before the close of the 3-year period beginning on Oct. 18, 1982. § 3510. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this chapter— (1) $2,000,000 for each of fiscal years 2006 through 2010; and (2) $1,962,000 for each of fiscal years 2025 through 2031. (Pub. L. 97–348, § 10, formerly § 12, Oct. 18, 1982, 96 Stat. 1659; Pub. L. 101–591, § 13(a), Nov. 16, 1990, 104 Stat. 2941; Pub. L. 103–461, § 1(c), Nov. 2, 1994, 108 Stat. 4804; renumbered § 10 and amended Pub. L. 106–514, § 5, Nov. 13, 2000, 114 Stat. 2396; Pub. L. 109–226, § 5, May 25, 2006, 120 Stat. 384; Pub. L. 118–117, title I, § 107, Nov. 25, 2024, 138 Stat. 1613.) Editorial Notes PRIOR PROVISIONS A prior section 10 of Pub. L. 97–348 was classified to section 3509 of this title prior to repeal by Pub. L. 106–514. AMENDMENTS 2024—Pub. L. 118–117 amended section generally. Prior to amendment, text read as follows: ‘‘There is author- ized to be appropriated to the Secretary to carry out this chapter $2,000,000 for each of fiscal years 2006 through 2010.’’ 2006—Pub. L. 109–226 substituted ‘‘2006 through 2010’’ for ‘‘2001, 2002, 2003, 2004, and 2005’’. 2000—Pub. L. 106–514 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to the Secretary for car- rying out this chapter $2,000,000 for each of fiscal years 1995 to 1998.’’ 1994—Pub. L. 103–461 amended section generally. Prior to amendment, section read as follows: ‘‘There is au- thorized to be appropriated to the Secretary for car- Page 2313 TITLE 16—CONSERVATION § 3602 1 See References in Text note below. rying out this chapter not more than $1,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993.’’ 1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: ‘‘There is au- thorized to be appropriated to the Department of the Interior $1,000,000 for the period beginning October 1, 1982, and ending September 30, 1985, for purposes of car- rying out sections 3503 and 3509 of this title.’’ CHAPTER 56—NORTH ATLANTIC SALMON FISHING Sec. 3601. Definitions. 3602. United States representation on Council and Commissions. 3603. Receipt of Organization communications by Secretary of State. 3604. Regulations and reports. 3605. Cooperation with other agencies and institu- tions. 3606. Violations and penalties. 3607. Enforcement. 3608. Authorization of appropriations. § 3601. Definitions As used in this chapter, the term— (1) ‘‘Act of 1976’’ means the Act entitled ‘‘An Act to provide for the conservation and man- agement of the fisheries, and for other pur- poses’’, approved April 13, 1976 (16 U.S.C. 1801 et seq.); (2) ‘‘Commission’’ means any of the Commis- sions of the Organization that are established by the Convention; (3) ‘‘Commissioner’’ means a United States Commissioner appointed under section 3602 of this title; (4) ‘‘Convention’’ means the Convention for the Conservation of Salmon in the North At- lantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982; (5) ‘‘Council’’ means the Council established by the Convention; (6) ‘‘fishing’’ has the same meaning as such term has in section 3(10) 1 of the Act of 1976 (16 U.S.C. 1802(10)); (7) ‘‘Organization’’ means the North Atlantic Salmon Conservation Organization established under the Convention; (8) ‘‘person’’ has the same meaning as such term has in section 3(19) 1 of the Act of 1976 (16 U.S.C. 1802(19)); and (9) ‘‘salmon’’ means all species of salmon which migrate in or into the waters of the At- lantic Ocean north of 36 degrees north lati- tude. (Pub. L. 97–389, title III, § 302, Dec. 29, 1982, 96 Stat. 1951.) Editorial Notes REFERENCES IN TEXT An Act to provide for the conservation and manage- ment of the fisheries, and for other purposes, approved April 13, 1976 (16 U.S.C. 1801 et seq.), referred to in par. (1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, 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. Section 3 of the Act of 1976 (16 U.S.C. 1802), referred to in pars. (6) and (8), was subsequently amended, and section 3(10) and (19) no longer defines the terms ‘‘fish- ing’’ and ‘‘person’’. However, such terms are defined elsewhere in that section. CODIFICATION Section 3602 of this title, referred to in par. (3), was in the original ‘‘section 403 of this title’’, meaning sec- tion 403 of title III of Pub. L. 97–389, and has been trans- lated as section 3602 of this title, section 303 of title III of Pub. L. 97–389, as the probable intent of Congress, be- cause title III of Pub. L. 97–389 does not contain a sec- tion 403 and section 3602 of this title relates to appoint- ment of a United States Commissioner. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 97–389, § 1, Dec. 29, 1982, 96 Stat. 1949, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 779b, 1034, and 1401 of this title and sections 688 and 883 of Title 46, Appendix, Shipping, and enacting provisions set out as notes under section 1823 of this title and section 688 of Title 46, Appendix] may be cited as the ‘Fisheries Amendments of 1982’.’’ Pub. L. 97–389, title III, § 301, Dec. 29, 1982, 96 Stat. 1951, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Atlantic Salmon Convention Act of 1982’.’’ § 3602. United States representation on Council and Commissions (a) Appointment and qualifications of Commis- sioners The United States shall be represented on the Council and Commissions by three United States Commissioners to be appointed by the President to serve at his pleasure. Of such Com- missioners, one shall be an official of the United States Government, and two shall be individuals (not officials of the United States Government) who are knowledgeable or experienced con- cerning the conservation and management of salmon of United States origin. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of the Interior, may designate alternate United States Commissioners. In the absence of a Com- missioner appointed under subsection (a) of this section, an alternate Commissioner may exer- cise at any meeting of the Organization, the Council, or any Commission all functions of such Commissioner. (c) Limited Federal employee status Individuals who serve as Commissioners and alternate Commissioners shall not receive any compensation for such service. Such individuals shall not be considered to be Federal employees while performing such service, except for pur- poses of injury compensation or tort claims li- ability as provided in chapter 81 of title 5 and chapter 171 of title 28. (d) Consultation with other parties In carrying out their functions under the Con- vention, the Commissioners may consult with the appropriate Regional Fishery Management Councils established by section 302 of the Act of 1976 (16 U.S.C. 1852), and may consult with such other interested parties as they consider appro-