TITLE 16 - US CODE - SUBCHAPTER III - MISCELLANEOUS

16 USC 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 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the Secretarys authority under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).

16 USC 4242 - Certification under Pelly amendment

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, to be diminishing the effectiveness of an international program for endangered or threatened species.

16 USC 4243 - Repealed. Pub. L. 107111, 6(a)(3), Jan. 8, 2002, 115 Stat. 2096

Section, Pub. L. 100–478, title II, § 2304, Oct. 7, 1988, 102 Stat. 2322, directed Secretary to determine within 3 months after the 8th Conference of the Parties to CITES whether the importation of illegally harvested ivory into the United States had been substantially stopped, and upon a determination that it had not been substantially stopped, to recommend to Congress necessary legislation or other actions to achieve the purposes of this chapter.

16 USC 4244 - Definitions

In this chapter

(1) the term African elephant means any animal of the species loxodonta africana;

(2) the term CITES means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;

(3) the term CITES Ivory Control System means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory;

(4) the term Fund means the account established by division A, section 101 (e), title I of Public Law 105277 under the heading multinational species conservation fund [16 U.S.C. 4246];

(5) the terms import and importation have the meanings such terms have in the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(6) the term intermediary country means a country that exports raw or worked ivory that does not originate in that country;

(7) the term ivory producing country means any African country within which is located any part of the range of a population of African elephants;

(8) the term ivory quota means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System;

(9) the term personal effects means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage;

(10) the term raw ivory means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved;

(11) the term Secretary means the Secretary of the Interior;

(12) the term United States means the fifty States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and

(13) the term worked ivory means any African elephant tusk, and any piece thereof, which is not raw ivory.

16 USC 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 exceed $5,000,000 for each of fiscal years 2007 through 2012 to carry out this chapter, to remain 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 necessary to carry out this chapter.

16 USC 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 Conservation 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 Elephant 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 African Elephant Conservation Act (16 U.S.C. 4211) and shall be available without further appropriation: 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 administer the Fund.