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16 U.S.C. § 4245 — Authorization of appropriations
Federal law — U.S. Code and appendices · legal_authorities
Page 2475
TITLE 16—CONSERVATION
§ 4246
and the territories and possessions of the
United States; and
(13) the term ‘‘worked ivory’’ means any Af-
rican elephant tusk, and any piece thereof,
which is not raw ivory.
(Pub. L. 100–478, title II, § 2305, Oct. 7, 1988, 102
Stat. 2322; Pub. L. 107–111, § 6(a)(4), Jan. 8, 2002,
115 Stat. 2096.)
Editorial Notes
REFERENCES IN TEXT
Division A, section 101(e), title I of Public Law
105–277, referred to in par. (4), is Pub. L. 105–277, div. A,
§ 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232.
Provisions under the heading ‘‘MULTINATIONAL SPECIES
CONSERVATION FUND’’ in Pub. L. 105–277, § 101(e) [title I]
appear at 112 Stat. 2681–237, and are classified in part to
section 4246 of this title.
The Endangered Species Act of 1973, referred to in
par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
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.
AMENDMENTS
2002—Par. (4). Pub. L. 107–111 substituted ‘‘the ac-
count established by division A, section 101(e), title I of
Public Law 105–277 under the heading ‘MULTINATIONAL
SPECIES
CONSERVATION
FUND’ ’’ for ‘‘the African Ele-
phant Conservation Fund established by section 4212 of
this title’’.
§ 4245. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the
Fund and to the Secretary a total of not to ex-
ceed $5,000,000 for each of fiscal years 2025
through 2029 to carry out this chapter, to re-
main available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry
out this chapter, the Secretary may expend not
more than
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Page 2475
TITLE 16—CONSERVATION
§ 4246
and the territories and possessions of the
United States; and
(13) the term ‘‘worked ivory’’ means any Af-
rican elephant tusk, and any piece thereof,
which is not raw ivory.
(Pub. L. 100–478, title II, § 2305, Oct. 7, 1988, 102
Stat. 2322; Pub. L. 107–111, § 6(a)(4), Jan. 8, 2002,
115 Stat. 2096.)
Editorial Notes
REFERENCES IN TEXT
Division A, section 101(e), title I of Public Law
105–277, referred to in par. (4), is Pub. L. 105–277, div. A,
§ 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232.
Provisions under the heading ‘‘MULTINATIONAL SPECIES
CONSERVATION FUND’’ in Pub. L. 105–277, § 101(e) [title I]
appear at 112 Stat. 2681–237, and are classified in part to
section 4246 of this title.
The Endangered Species Act of 1973, referred to in
par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
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.
AMENDMENTS
2002—Par. (4). Pub. L. 107–111 substituted ‘‘the ac-
count established by division A, section 101(e), title I of
Public Law 105–277 under the heading ‘MULTINATIONAL
SPECIES
CONSERVATION
FUND’ ’’ for ‘‘the African Ele-
phant Conservation Fund established by section 4212 of
this title’’.
§ 4245. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the
Fund and to the Secretary a total of not to ex-
ceed $5,000,000 for each of fiscal years 2025
through 2029 to carry out this chapter, to re-
main available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry
out this chapter, the Secretary may expend not
more than 3 percent or $100,000, whichever is
greater, to pay the administrative expenses nec-
essary to carry out this chapter.
(Pub. L. 100–478, title II, § 2306, Oct. 7, 1988, 102
Stat. 2323; Pub. L. 102–440, title III, § 302, Oct. 23,
1992, 106 Stat. 2234; Pub. L. 105–217, § 2, Aug. 5,
1998, 112 Stat. 911; Pub. L. 107–111, §§ 2, 3, Jan. 8,
2002, 115 Stat. 2095; Pub. L. 107–141, § 5(b)(2)(B),
Feb. 12, 2002, 116 Stat. 14; Pub. L. 110–132, § 2(b),
(c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title
VII, § 7001(c)(1)(A), Mar. 12, 2019, 133 Stat. 784;
Pub. L. 118–159, div. E, title LIII, § 5303(b), Dec.
23, 2024, 138 Stat. 2445.)
Editorial Notes
AMENDMENTS
2024—Subsec. (a). Pub. L. 118–159 substituted ‘‘2025
through 2029’’ for ‘‘2019 through 2023’’.
2019—Subsec. (a). Pub. L. 116–9 substituted ‘‘2019
through 2023’’ for ‘‘2007 through 2012’’.
2007—Subsec. (a). Pub. L. 110–132, § 2(c), substituted
‘‘2007 through 2012’’ for ‘‘2001, 2002, 2003, 2004, 2005, 2006,
and 2007’’.
Subsec. (b). Pub. L. 110–132, § 2(b), substituted
‘‘$100,000’’ for ‘‘$80,000’’.
2002—Subsec. (b). Pub. L. 107–141 made technical
amendment to reference in original act which appears
in two places in text as reference to this chapter.
Pub. L. 107–111 designated existing provisions as sub-
sec. (a), inserted heading, substituted ‘‘is authorized’’
for ‘‘are authorized’’ and ‘‘2001, 2002, 2003, 2004, 2005,
2006, and 2007’’ for ‘‘1997, 1998, 1999, 2000, 2001, and 2002’’,
and added subsec. (b).
1998—Pub. L. 105–217 substituted ‘‘fiscal years 1997,
1998, 1999, 2000, 2001, and 2002’’ for ‘‘fiscal years 1992,
1993, 1994, 1995, 1996, 1997, and 1998’’.
1992—Pub. L. 102–440 substituted ‘‘fiscal years 1992,
1993, 1994, 1995, 1996, 1997, and 1998’’ for ‘‘fiscal years
1989, 1990, 1991, 1992, and 1993’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–141, § 5(b)(2), Feb. 12, 2002, 116 Stat. 14, pro-
vided that the amendment by section 5(b)(2) of Pub. L.
107–141 is effective on the day after Jan. 8, 2002.
§ 4246. Multinational Species Conservation Fund
In fiscal year 1999 and thereafter, donations to
provide assistance under section 5304 of this
title, part I of the African Elephant Conserva-
tion Act (16 U.S.C. 4211 et seq.), and section 4264
of this title shall be deposited to this Fund and
shall be available without further appropriation:
Provided further, That in fiscal year 1999 and
thereafter, all penalties received by the United
States under section 2204 of the African Ele-
phant Conservation Act (16 U.S.C. 4224) which
are not used to pay rewards under section 2205 of
the African Elephant Conservation Act (16
U.S.C. 4225) shall be deposited to this Fund to
provide assistance under section 2101 of the Afri-
can Elephant Conservation Act (16 U.S.C. 4211)
and shall be available without further appro-
priation: Provided further, That in fiscal year
1999 and thereafter, not more than three percent
of amounts appropriated to this Fund may be
used by the Secretary of the Interior to admin-
ister the Fund.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21,
1998, 112 Stat. 2681–231, 2681–237; Pub. L. 107–111,
§ 6(b), Jan. 8, 2002, 115 Stat. 2096; Pub. L. 107–112,
§ 6(b), Jan. 8, 2002, 115 Stat. 2098; Pub. L. 107–141,
§ 5(b)(1), Feb. 12, 2002, 116 Stat. 14.)
Editorial Notes
REFERENCES IN TEXT
The African Elephant Conservation Act, referred to
in text, is title II of Pub. L. 100–478, Oct. 7, 1988, 102
Stat. 2315. Part I of the Act is classified generally to
subchapter I (§ 4211 et seq.) of this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 4201 of this title and
Tables.
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 1999,
and also as part of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, and
not as part of the African Elephant Conservation Act
which comprises this chapter.
AMENDMENTS
2002—Pub. L. 107–141 substituted ‘‘section 5304 of this
title, part I of the African Elephant Conservation Act
(16 U.S.C. 4211 et seq.), and section 4264 of this title’’ for
‘‘section 5304 of the Rhinoceros and Tiger Conservation
Act of 1994, part I of the African Elephant Conservation
Act, and section 4265 of this title’’, ‘‘section 2204 of the
African Elephant Conservation Act (16 U.S.C. 4224)’’ for
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to perpetuate healthy populations of African elephants.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4211
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Federal law — U.S. Code and appendices · legal_authorities
Page 2470
TITLE 16—CONSERVATION
§ 4202
(Pub. L. 100–478, title II, § 2002, Oct. 7, 1988, 102
Stat. 2315.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–132, § 1, Dec. 6, 2007, 121 Stat. 1360, provided
that: ‘‘This Act [amending sections 4211, 4245, 5304, and
5306 of this title] may be cited as the ‘Multinational
Species Conservation Funds Reauthorization Act of
2007’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–111, § 1, Jan. 8, 2002, 115 Stat. 2095, provided
that: ‘‘This Act [enacting section 4214 of this title,
amending sections 4211, 4212, and 4244 to 4246 of this
title, and repealing section 4243 of this title] may be
cited as the ‘African Elephant Conservation Reauthor-
ization Act of 2001’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–217, § 1, Aug. 5, 1998, 112 Stat. 911, provided
that: ‘‘This Act [amending section 4245 of this title]
may be cited as the ‘African Elephant Conservation Re-
authorization Act of 1998’.’’
SHORT TITLE
Pub. L. 100–478, title II, § 2001, Oct. 7, 1988, 102 Stat.
2315, provided that: ‘‘This title [enacting this chapter
and amending section 1538 of this title] may be cited as
the ‘African Elephant Conservation Act’.’’
REPORTING REQUIREMENTS
Pub. L. 118–159, div. E, title LIII, § 5308, Dec. 23, 2024,
138 Stat. 2446, provided that:
‘‘(a) REPORTS TO CONGRESS.—Annually, the Secretary
of the Interior shall submit to the appropriate commit-
tees of Congress a report on the implementation of—
‘‘(1) the African Elephant Conservation Act (16
U.S.C. 4201 et seq.);
‘‘(2) the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4261 et seq.);
‘‘(3) the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301 et seq.);
‘‘(4) the Great Ape Conservation Act of 2000 (16
U.S.C. 6301 et se
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by—
(1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and
(2) submitting a written request for such information through the Secretary of State to each ivory producing country.
**(b) Review and determination**
(1) **In general** — The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria:
(A) The country is a party to CITES and adheres to the CITES Ivory Control System.
(B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country.
(C) The taking of elephants in the country is effectively controlled and monitored.
(D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country.
(E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System.
(2) **Delay in issuing determination** — If the Secretary finds within one year after October 7, 1988, that there is insufficient informati
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4224
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Federal law — U.S. Code and appendices · legal_authorities
Page 2473
TITLE 16—CONSERVATION
§ 4224
(b) Intermediary countries
The Secretary shall establish a moratorium on
the importation of raw and worked ivory from
an intermediary country immediately upon
making a determination that the country—
(1) is not a party to CITES;
(2) does not adhere to the CITES Ivory Con-
trol System;
(3) imports raw ivory from a country that is
not an ivory producing country;
(4) imports raw or worked ivory from a coun-
try that is not a party to CITES;
(5) imports raw or worked ivory that origi-
nates in an ivory producing country in viola-
tion of the laws of that ivory producing coun-
try;
(6) substantially increases its imports of raw
or worked ivory from a country that is subject
to a moratorium under this chapter during the
first three months of that moratorium; or
(7) imports raw or worked ivory from a coun-
try that is subject to a moratorium under this
chapter after the first three months of that
moratorium, unless the ivory is imported by
vessel during the first six months of that mor-
atorium and is accompanied by shipping docu-
ments which show that it was exported before
the establishment of the moratorium.
(c) Suspension of moratorium
The Secretary shall suspend a moratorium es-
tablished under this section if, after notice and
public comment, the Secretary determines that
the reasons for establishing the moratorium no
longer exist.
(d) Petition
(1) In general
Any person may at any time submit a peti-
tion in writing requesting that the Secretary
establish or suspend a moratorium under this
section. Such a petition shall include such
substantial information as may be necessary
to demonstrate the need for the action re-
quested by the petition.
(2) Consideration and ruling
The Secretary shall publish a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4224
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 4224. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Ivory producing countries**
(1) **In general** — The Secretary shall establish a moratorium on the importation of raw and worked ivory from an ivory producing country immediately upon making a determination that the country does not meet all the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim).
(2) **Later establishment** — With regard to any ivory producing country for which the Secretary has insufficient information to make a determination pursuant to [section 4221(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b&num=0&edition=prelim), the Secretary shall establish a moratorium on the importation of raw and worked ivory from such country not later than January 1, 1990, unless, based on new information, the Secretary concludes before that date that the country meets all of the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim).
**(b) Intermediary countries** The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country—
(1) is not a party to CITES;
(2) does not adhere to the CITES Ivory Control System;
(3) imports raw ivory from a country that is not an ivory producing country;
(4) imports raw or worked ivory from a country that is not a party to CITES;
(5) imports raw or worked ivory that originates in an ivory producing country in violation of the laws of that ivory producing country;
(6) substantially increases its imports of raw or worked ivory from a country that is
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4225
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Federal law — U.S. Code and appendices · legal_authorities
Page 2474
TITLE 16—CONSERVATION
§ 4225
shall apply to actions arising under this sub-
chapter.
(Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102
Stat. 2320.)
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
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.
§ 4225. Rewards
(a) In general
Upon the recommendation of the Secretary,
the Secretary of the Treasury may pay a reward
to any person who furnishes information which
leads to a civil penalty or a criminal conviction
under this chapter.
(b) Amount
The amount of a reward under this section
shall be equal to not more than one-half of any
criminal or civil penalty or fine with respect to
which the reward is paid, or $25,000, whichever is
less.
(c) Limitation on eligibility
An officer or employee of the United States or
of any State or local government who furnishes
information or renders service in the perform-
ance of his or her official duties shall not be eli-
gible for a reward under this section.
(Pub. L. 100–478, title II, § 2205, Oct. 7, 1988, 102
Stat. 2320.)
SUBCHAPTER III—MISCELLANEOUS
§ 4241. Relationship to Endangered Species Act
of 1973
The authority of the Secretary under this
chapter is in addition to and shall not affect the
authority of the Secretary under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.)
or diminish the
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4225
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 4225. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
If the Secretary finds in administering this chapter that a country does not adhere to the CITES Ivory Control System, that country is deemed, for purposes of [section 1978(a)(2) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978/a/2&num=0&edition=prelim), to be diminishing the effectiveness of an international program for endangered or threatened species.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4245
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