16 U.S.C. § 6601 — Findings and purposes

Page 2635 TITLE 16—CONSERVATION § 6601 (h) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023. (2) Additional funds In addition to the funds described in para- graph (1), the Secretary may obligate avail- able funds from accounts used to carry out the existing Joint Chiefs’ Landscape Restoration Partnership prior to November 15, 2021, to carry out the Program. (3) Duration of availability Funds made available under paragraph (1) shall remain available until expended. (4) Distribution of funds Of the funds made available under paragraph (1)— (A) not less than 40 percent shall be allo- cated to carry out eligible activities through the Natural Resources Conservation Service; (B) not less than 40 percent shall be allo- cated to carry out eligible activities through the Forest Service; and (C) the remaining funds shall be allocated by the Chiefs to the Natural Resources Con- servation Service or the Forest Service— (i) to carry out eligible activities; or (ii) for other purposes, such as technical assistance, project development, or local capacity building. (Pub. L. 117–58, div. D, title VIII, § 40808, Nov. 15, 2021, 135 Stat. 1114.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (b)(2)(A), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§ 3801 et seq.) of this title. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified gen- erally to subpart B (§ 3831 et seq.) of part I of sub- chapter IV of chapter 58 of this title. For complete clas- sification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables. CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. DEFINITIONS For definition of ‘‘Indian Tribe’’ as used in this sec- tion, see section 5304 of Title 25, Indians, as made appli- cable by section 18701(2) of Title 42, The Public Health and Welfare. CHAPTER 85—MARINE TURTLE CONSERVATION Sec. 6601. Findings and purposes. Sec. 6602. Definitions. 6603. Conservation assistance. 6604. Marine Turtle Conservation Fund. 6605. Advisory group. 6606. Authorization of appropriations. 6607. Report to Congress. § 6601. Findings and purposes (a) Findings The Congress finds that— (1) marine turtle populations have declined to the point that the long-term survival of the loggerhead, green, hawksbill, Kemp’s ridley, olive ridley, and leatherback turtle in the wild is in serious jeopardy; (2) 6 of the 7 recognized species of marine turtles are listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all 7 species have been included in Appendix I of CITES; (3) because marine turtles are long-lived, late-maturing, and highly migratory, marine turtles are particularly vulnerable to the im- pacts of human exploitation and habitat loss; (4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill tur- tle; (5) the challenges facing marine turtles are immense, and the resources available have not been sufficient to cope with the continued loss of nesting habitats caused by human activities and the consequent diminution of marine tur- tle populations; (6) because marine turtles are flagship spe- cies for the ecosystems in which marine tur- tles are found, sustaining healthy populations of marine turtles provides benefits to many other species of wildlife, including many other threatened or endangered species; (7) marine turtles are important components of the ecosystems that they inhabit, and stud- ies of wild populations of marine turtles have provided important biological insights; (8) changes in marine turtle populations are most reliably indicated by changes in the numbers of nests and nesting females; and (9) the reduction, removal, or other effective addressing of the threats to the long-term via- bility of populations of marine turtles will re- quire the joint commitment and effort of— (A) countries that have within their boundaries marine turtle nesting habitats; and (B) persons with expertise in the conserva- tion of marine turtles. (b) Purpose The purpose of this chapter is to assist in the conservation of marine turtles, freshwater tur- tles, and tortoises and the habitats of marine turtles, freshwater turtles, and tortoises in for- eign countries and territories of the United States by supporting and providing financial re- sources for projects— (1) to conserve marine turtle, freshwater tur- tle, and tortoise habitats under the jurisdic- tion of United States Fish and Wildlife Service programs; (2) to conserve marine turtles, freshwater turtles, and tortoises in those habitats; and Page 2636 TITLE 16—CONSERVATION § 6602 (3) to address other threats to the survival of marine turtles, freshwater turtles, and tor- toises, including habitat loss, poaching of tur- tles or their eggs, and wildlife trafficking. (Pub. L. 108–266, § 2, July 2, 2004, 118 Stat. 791; Pub. L. 116–9, title VII, § 7001(c)(3)(A), Mar. 12, 2019, 133 Stat. 786.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (a)(2), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally 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 sec- tion 1531 of this title and Tables. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–9 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The purpose of this chapter is to as- sist in the conservation of marine turtles and the nest- ing habitats of marine turtles in foreign countries by supporting and providing financial resources for projects to conserve the nesting habitats, conserve ma- rine turtles in those habitats, and address other threats to the survival of marine turtles.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 108–266, § 1, July 2, 2004, 118 Stat. 791, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Marine Turtle Conservation Act of 2004’.’’ § 6602. Definitions In this chapter: (1) CITES The term ‘‘CITES’’ means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). (2) Conservation The term ‘‘conservation’’ means the use of all methods and procedures necessary to pro- tect marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs, including— (A) protection, restoration, and manage- ment of habitats; (B) onsite research and monitoring of pop- ulations, habitats, annual reproduction, and species population trends; (C) assistance in the development, imple- mentation, and improvement of national and regional management plans for habitat ranges; (D) enforcement and implementation of CITES and laws of foreign countries— (i) to protect and manage populations and habitats; and (ii) to prevent illegal trade of marine turtles; (E) training of local law enforcement offi- cials in the interdiction and prevention of— (i) the illegal killing of marine turtles, freshwater turtles, and tortoises; and (ii) illegal trade in marine turtles; (F) initiatives to resolve conflicts between humans and marine turtles, freshwater tur- tles, and tortoises over habitats used by ma- rine turtles, freshwater turtles, and tor- toises; (G) community outreach and education; and (H) strengthening of the ability of local communities to implement population and habitat conservation programs. (3) Freshwater turtle (A) In general The term ‘‘freshwater turtle’’ means any member of the family Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae. (B) Inclusions The term ‘‘freshwater turtle’’ includes— (i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and (ii) a carcass of such a turtle. (4) Fund The term ‘‘Fund’’ means the Marine Turtle Conservation Fund established by section 6604 of this title. (5) Habitat The term ‘‘habitat’’ means any marine tur- tle, freshwater turtle, or tortoise habitat (in- cluding a nesting habitat) that is under the ju- risdiction of United States Fish and Wildlife Service programs. (6) Marine turtle (A) In general The term ‘‘marine turtle’’ means any member of the family Cheloniidae or Dermochelyidae. (B) Inclusions The term ‘‘marine turtle’’ includes— (i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and (ii) a carcass of such a turtle. (7) Multinational Species Conservation Fund The term ‘‘Multinational Species Conserva- tion Fund’’ means the fund established under the heading ‘‘multinational species conserva- tion fund’’ in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). (8) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (9) Territory of the United States The term ‘‘territory of the United States’’ means— (A) American Samoa; (B) the Commonwealth of the Northern Mariana Islands; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) the United States Virgin Islands; and (F) any other territory or possession of the United States.