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16 U.S.C. § 1721 — Congressional findings and purpose

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1721 — Congressional findings and purpose

Page 1982 TITLE 16—CONSERVATION § 1705 title to reflect renumbering of corresponding section of original act. 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 re- lating to Secretarial reports. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1705. Repealed. Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(N), Nov. 12, 1996, 110 Stat. 4196 Section, Pub. L. 91–378, title I, § 105, formerly § 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; renum- bered title I, § 105, and amended Pub. L. 103–82, title I, § 105(1)–(3), Sept. 21, 1993, 107 Stat. 848, directed Secre- taries of the Interior and Agriculture to annually pre- pare joint report detailing activities carried out under this subchapter to President and Congress. § 1706. Authorization of appropriations 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 subchapter. Notwithstanding any other provi- sion of law, funds appropriated for any fiscal year to carry out this subch

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Page 1982 TITLE 16—CONSERVATION § 1705 title to reflect renumbering of corresponding section of original act. 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 re- lating to Secretarial reports. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1705. Repealed. Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(N), Nov. 12, 1996, 110 Stat. 4196 Section, Pub. L. 91–378, title I, § 105, formerly § 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; renum- bered title I, § 105, and amended Pub. L. 103–82, title I, § 105(1)–(3), Sept. 21, 1993, 107 Stat. 848, directed Secre- taries of the Interior and Agriculture to annually pre- pare joint report detailing activities carried out under this subchapter to President and Congress. § 1706. Authorization of appropriations 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 subchapter. Notwithstanding any other provi- sion of law, funds appropriated for any fiscal year to carry out this subchapter 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, title I, § 106, formerly § 6, as added Pub. L. 92–597, Oct. 27, 1972, 86 Stat. 1321; amended Pub. L. 93–408, Sept. 3, 1974, 88 Stat. 1068; renumbered title I, § 106, and amended Pub. L. 103–82, title I, § 105(1)–(3), Sept. 21, 1993, 107 Stat. 848.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–82, § 105(2), substituted ‘‘subchapter’’ for ‘‘chapter’’ in two places. 1974—Pub. L. 93–408 substituted authorization of ap- propriation 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of this title. SUBCHAPTER II—PUBLIC LANDS CORPS § 1721. Congressional findings and purpose (a) Findings The Congress finds the following: (1) Conserving or developing natural and cul- tural resources and enhancing and maintain- ing environmentally important lands and wa- ters through the use of the Nation’s young men and women in a Public Lands Corps can benefit those men and women by providing them with education and work opportunities, furthering their understanding and apprecia- tion of the natural and cultural resources, and providing a means to pay for higher education or to repay indebtedness they have incurred to obtain higher education while at the same time benefiting the Nation’s economy and its environment. (2) Many facilities and natural resources lo- cated on eligible service lands are in disrepair or degraded and in need of labor intensive re- habilitation, restoration, and enhancement work which cannot be carried out by Federal agencies at existing personnel levels. (3) Youth conservation corps have estab- lished a good record of restoring and main- taining these kinds of facilities and resources in a cost effective and efficient manner, espe- cially when they have worked in partnership arrangements with government land manage- ment agencies. (b) Purpose It is the purpose of this subchapter to— (1) perform, in a cost-effective manner, ap- propriate conservation projects on eligible service lands where such projects will not be performed by existing employees; (2) assist governments and Indian tribes in performing research and public education tasks associated with natural and cultural re- sources on eligible service lands; (3) expose young men and women to public service while furthering their understanding and appreciation of the Nation’s natural and cultural resources; (4) expand educational opportunities by re- warding individuals who participate in na- tional service with an increased ability to pur- sue higher education or job training; and (5) stimulate interest among the Nation’s young men and women in conservation careers by exposing them to conservation profes- sionals in land managing agencies. (Pub. L. 91–378, title II, § 202, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 848.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of this title. SHORT TITLE For short title of title II of Pub. L. 91–378, as added by Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 848, as the ‘‘Public Lands Corps Act of 1993’’, see Short Title note set out under section 1701 of this title. Page 1983 TITLE 16—CONSERVATION § 1722 § 1722. Definitions For purposes of this subchapter: (1) Appropriate conservation project The term ‘‘appropriate conservation project’’ means any project for the conserva- tion, restoration, construction or rehabilita- tion of natural, cultural, historic, archae- ological, recreational, or scenic resources. (2) Corps and Public Lands Corps The terms ‘‘Corps’’ and ‘‘Public Lands Corps’’ mean the Public Lands Corps estab- lished by section 1723(a)(1) of this title. (3) Eligible service lands The term ‘‘eligible service lands’’ means public lands, Indian lands, and Hawaiian home lands. (4) Hawaiian home lands The term ‘‘Hawaiian home lands’’ means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Com- mission Act, 1920 (42 Stat. 110), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled ‘‘An Act to provide for the ad- mission of the State of Hawaii into the Union’’, approved March 18, 1959 (Public Law 86–3; 73 Stat. 5). (5) Indian The term ‘‘Indian’’ means a person who— (A) is a member of an Indian tribe; or (B) is a ‘‘Native’’, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). (6) Indian lands The term ‘‘Indian lands’’ means— (A) any Indian reservation; (B) any public domain Indian allotments; (C) any former Indian reservation in the State of Oklahoma; (D) any land held by incorporated Native groups, regional corporations, and village corporations under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; and (E) any land held by dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State. (7) Indian tribe The term ‘‘Indian tribe’’ means an Indian tribe, band, nation, or other organized group or community, including any Native village, Regional Corporation, or Village Corporation, as defined in subsection (c), (g), or (j), respec- tively, of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c), (g), or (j)), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians be- cause of their status as Indians. (8) Institution of higher education (A) In general The term ‘‘institution of higher edu- cation’’ has the meaning given the term in section 1002 of title 20. (B) Exclusion The term ‘‘institution of higher edu- cation’’ does not include— (i) an institution described in section 1001(b) of title 20; or (ii) an institution outside the United States, as described in section 1002(a)(1)(C) of title 20. (9) Priority project The term ‘‘priority project’’ means an appro- priate conservation project conducted on eligi- ble service lands to further 1 or more of the purposes of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) and other conservation and restoration initiatives, as follows: (A) To reduce wildfire risk to a commu- nity, municipal water supply, or other at- risk Federal land. (B) To protect a watershed or address a threat to forest and rangeland health, in- cluding catastrophic wildfire. (C) To address the impact of insect or dis- ease infestations or other damaging agents on forest and rangeland health. (D) To protect, restore, or enhance forest ecosystem components to— (i) promote the recovery of threatened or endangered species; (ii) improve biological diversity; or (iii) enhance productivity and carbon se- questration. (E) To protect, restore, or enhance marine, estuarine, riverine, and coastal habitat eco- system components— (i) to promote the recovery of threatened species, endangered species, and managed fisheries; (ii) to restore fisheries, protected re- sources, and habitats impacted by oil and chemical spills and natural disasters; or (iii) to enhance the resilience of coastal ecosystems, communities, and economies through habitat conservation. (10) Public lands The term ‘‘public lands’’ means any lands or waters (or interest therein) owned or adminis- tered by the United States, except that such term does not include any Indian lands. (11) Qualified youth or conservation corps The term ‘‘qualified youth or conservation corps’’ means any program established by a State or local government, by the governing body of any Indian tribe, or by a nonprofit or- ganization that— (A) is capable of offering meaningful, full- time, productive work for individuals be- tween the ages of 16 and 30, inclusive, or vet- erans age 35 or younger in a natural or cul- tural resource setting; (B) gives participants a mix of work expe- rience, basic and life skills, education, train- ing, and support services; and (C) provides participants with the oppor- tunity to develop citizenship values and skills through service to their community and the United States.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1721 — Congressional findings and purpose

**(a) Findings** The Congress finds the following: (1) Conserving or developing natural and cultural resources and enhancing and maintaining environmentally important lands and waters through the use of the Nation’s young men and women in a Public Lands Corps can benefit those men and women by providing them with education and work opportunities, furthering their understanding and appreciation of the natural and cultural resources, and providing a means to pay for higher education or to repay indebtedness they have incurred to obtain higher education while at the same time benefiting the Nation’s economy and its environment. (2) Many facilities and natural resources located on eligible service lands are in disrepair or degraded and in need of labor intensive rehabilitation, restoration, and enhancement work which cannot be carried out by Federal agencies at existing personnel levels. (3) Youth conservation corps have established a good record of restoring and maintaining these kinds of facilities and resources in a cost effective and efficient manner, especially when they have worked in partnership arrangements with government land management agencies. **(b) Purpose** It is the purpose of this subchapter to— (1) perform, in a cost-effective manner, appropriate conservation projects on eligible service lands where such projects will not be performed by existing employees; (2) assist governments and Indian tribes in performing research and public education tasks associated with natural and cultural resources on eligible service lands; (3) expose young men and women to public service while furthering their understanding and appreciation of the Nation’s natural and cultural resources; (4) expand educational opportunities by rewarding individuals who participate in n

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6501 — Emergency actions

**(a) Definitions** In this section: (1) **Authorized emergency action** — The term “authorized emergency action” means an action carried out pursuant to an emergency situation determination issued under this section to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land. (2) **Emergency situation** — The term “emergency situation” means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results: (A) Relief from hazards threatening human health and safety. (B) Mitigation of threats to natural resources on National Forest System land or adjacent land. (3) **Emergency situation determination** — The term “emergency situation determination” means a determination made by the Secretary under subsection (b)(1)(A). (4) **Land and resource management plan** — The term “land and resource management plan” means a plan developed under [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim). (5) **National Forest System land** — The term “National Forest System land” means land of the National Forest System (as defined in [section 1609(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1609/a&num=0&edition=prelim)). (6) **Secretary** — The term “Secretary” means the Secretary of Agriculture. **(b) Authorized emergency actions to respond to emergency situations** (1) **Determination** (A) *In general* — The Secretary may make a determination that an emergency situation exists with respect to National Forest System land. (B) *Review* — An emergency situat

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6501 — Purposes

Page 2596 TITLE 16—CONSERVATION § 6501 (7) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (b) Establishment of fellowship program (1) In general There is established a National Coral Reef Management Fellowship Program. (2) Purposes The purposes of the fellowship are— (A) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs; (B) to provide management agencies of covered States and covered Native entities with highly qualified candidates whose edu- cation and work experience meet the specific needs of each covered State or covered Na- tive entity; and (C) to provide fellows with professional ex- perience in management of coastal and coral reef resources. (c) Fellowship awards (1) In general The Secretary, in consultation with the Sec- retary of the Interior, shall award a fellowship in accordance with this subsection. (2) Term of fellowship A fellowship awarded under this subsection shall be for a term of not more than 2 years. (3) Qualifications The Secretary, in consultation with the Sec- retary of the Interior, shall award a fellowship to individuals who have demonstrated— (A) an intent to pursue a career in marine services and outstanding potential for such a career; (B) leadership potential, actual leadership experience, or both; (C) possession of a college or graduate de- gree in biological science, a college or grad- uate degree in resource management with experience that correlates with aptitude and interest for marine management, or both; (D) proficient writing and speaking skills; and (E) such other attributes as the Secretary, in consultation with the Secretary of the In- terior, considers appropriate. (d) M

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of

Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1602 — Definitions

For the purposes of this chapter, the term— **(a)** “Secretary” means the Secretary of the Interior; **(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; **(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; **(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; **(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1602 — Definitions

Page 436 TITLE 43—PUBLIC LANDS § 1602 settlement of all aboriginal land and hunting and fishing claims by Natives and Native groups of Alas- ka with maximum participation by Natives in deci- sions affecting their rights and property; ‘‘(2) the settlement enabled Natives to participate in the subsequent expansion of Alaska’s economy, en- couraged efforts to address serious health and welfare problems in Native villages, and sparked a resurgence of interest in the cultural heritage of the Native peo- ples of Alaska; ‘‘(3) despite these achievements and Congress’s de- sire that the settlement be accomplished rapidly without litigation and in conformity with the real economic and social needs of Natives, the complexity of the land conveyance process and frequent and cost- ly litigation have delayed implementation of the set- tlement and diminished its value; ‘‘(4) Natives have differing opinions as to whether the Native Corporation, as originally structured by the Alaska Native Claims Settlement Act, is well adapted to the reality of life in Native villages and to the continuation of traditional Native cultural val- ues; ‘‘(5) to ensure the continued success of the settle- ment and to guarantee Natives continued participa- tion in decisions affecting their rights and property, the Alaska Native Claims Settlement Act must be amended to enable the shareholders of each Native Corporation to structure the further implementation of the settlement in light of their particular cir- cumstances and needs; ‘‘(6) among other things, the shareholders of each Native Corporation must be permitted to decide— ‘‘(A) when restrictions on alienation of stock issued as part of the settlement should be termi- nated, and ‘‘(B) whether Natives born after December 18, 1971,

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