Database Search Results

Although 50 CFR Part 11 cites numerous statutes in its “Authority” section (e.g., 16 U.S.C. 470aa-470mm, 16 U.S.C. 668-668d, etc.), it doesn’t identify a specific regulatory task or gap for the agency to address that would directly relate to a particular statutory section (or to the now-repealed statute provided for analysis), even using open-ended language. The breadth of statutes cited indicates a broader rulemaking authority concerning civil procedures across many areas of responsibility, thus fitting the definition of “General Authority.”

16 U.S.C. 470x-1 provides definitions for a part of the law related to the National Park Service and related programs. While this section itself is repealed, the regulations in 50 CFR Part 11 relate to civil procedures, and the authority section of 50 CFR Part 11 lists a range of statutes including 16 U.S.C. 470aa-470mm and 470aaa-470aaa-11, which appear to be related to the same broader subject matter as the repealed section. Because the regulation’s authority section cites laws related to the area the repealed statute addressed, but does not cite the repealed statute itself, the relationship is authorized but not mandated. The repeal of 470x-1 weakens any direct connection.

The statute provides broad rulemaking authority. While it identifies specific areas (management, protection, inventory, monitoring, scientific and educational use), it gives the Secretary discretion to develop “appropriate plans,” using broad terms like “scientific principles and expertise.” This indicates a general delegation rather than a specific instruction on how to regulate in a detailed manner.

The statute, 16 U.S.C. § 470aaa-1, instructs the Secretary to “manage and protect paleontological resources” and “develop appropriate plans.” While it provides broad directives, it doesn’t mandate specific regulations. The CFR provided, 50 CFR Part 11, includes 16 U.S.C. 470aaa-470aaa-11 in its authority citation, which encompasses the section in question (470aaa-1). This suggests the regulation is authorized by the statute, but not directly mandated. The regulation lays out civil procedures, which can be a part of managing and protecting resources as described in the statute.

While the regulation cites numerous statutes providing authority, these statutes, taken as a whole, provide broad authority to the agency to establish civil procedures related to various environmental and natural resource laws. The statutes provide a variety of tasks without detailed instructions.

The statute (16 U.S.C. § 470w-1) authorizes the expenditure of appropriated funds related to the National Park Service and related programs, however it does not mandate any specific regulation. The regulation (50 CFR Part 11) has authority to implement civil procedures from a variety of different statutes, but not the specific statute provided. Even though it does not implement the statute, both are at least related to similar topics.

The statute provides very specific instructions regarding the issuance of permits for paleontological resources, the criteria for issuing such permits, the specifications that permits must contain, and the conditions under which permits can be modified, suspended, or revoked. It directs the Secretary to allow casual collecting under certain conditions. While some terms like “necessary” and “appropriate” exist, the statute focuses the agency on a well-defined task and provides substantial guidance.

The CFR cites 16 U.S.C. 470aaa-470aaa-11 as authority. 16 U.S.C. § 470aaa-3 falls within this range. Therefore, the regulation is directly mandated by the statute.

The statute relates to mitigating adverse effects from federal undertakings outside the US. While this provides a specific area of concern (undertakings outside the US), it does not instruct the agency on specific regulatory tasks to address the gap. The authority is more general and allows the agency to decide what mitigation methods are appropriate.

The statute 16 U.S.C. § 470a-2 related to Federal undertakings outside the United States and mitigation of adverse effects. The CFR cites this statute as authority for its regulations, suggesting the statute authorized the agency to create the regulation, but did not directly mandate it. While the statute itself has been repealed, the CFR parts continue to be cited as authorities.

The statute explicitly prohibits certain actions regarding paleontological resources and establishes penalties for violations. This falls under specific authority because the statute identifies a regulatory task, namely, preventing damage, removal, and illegal trade of paleontological resources on federal lands. While the statute itself defines the prohibited actions and penalties, it requires some interpretation and agency action to implement the statute. The authorization to enforce the statute includes the authority to establish civil procedures for violations, and this supports the specific regulatory task of protecting paleontological resources.

The statute, 16 U.S.C. § 470aaa-5, prohibits certain activities related to paleontological resources on federal land. The regulation, 50 CFR Part 11, establishes procedures for assessing civil penalties for violations of various statutes, including the one at hand (as shown by its citation of 16 U.S.C. 470aaa-470aaa-11). While the statute outlines the prohibited conduct and penalties, it doesn’t directly mandate the creation of specific assessment procedures. However, it authorizes the agency to enforce the statute, and the regulation provides a framework for doing so through civil procedures. The agency is authorized to create regulations related to enforcement, but it is not directly mandated in the statute.

The statute does not specifically instruct the agency on any particular regulatory task. It broadly clarifies the relationship between the new chapter of the statute on Paleontological Resources with existing statutes and regulations. Although CFRs are cited as authority, the statute does not grant specific regulatory tasks or close regulatory gaps. Rather, it prevents conflict between existing laws and regulations.

16 U.S.C. § 470aaa-10 is a “savings provision” that generally clarifies the limits of authority granted in a chapter on Paleontological Resources. The statute does not directly mandate any regulations, but neither does it prohibit them. Instead, it ensures that existing laws and authorities are not invalidated or modified by the new chapter. Because the listed CFR’s are already listed in the authority to the statute, the statute acknowledges and implicitly authorizes these regulations, but does not mandate that they exist, only clarifying that the new statute does not alter the existing regulations.

While the term “consistent with amounts established in regulations” is open-ended, the statute clearly instructs the Secretary on the specific regulatory task of determining the amounts to be paid as rewards. This fits Hickman’s definition of a Specific Authority Delegation.

16 U.S. Code § 470aaa-7(a)(1) explicitly states that the Secretary may pay rewards “consistent with amounts established in regulations by the Secretary.” This directly mandates the creation of regulations to determine the amount of rewards.

The regulation, 50 CFR Part 11, cites a broad range of statutes as its authority, encompassing various areas like historic preservation, endangered species, fisheries, and Native American Graves Protection. This indicates a general authority delegation, as it doesn’t focus on a specific regulatory task stemming from a single statute.

16 U.S.C. § 470w-3, related to access to information, has been repealed and moved to section 307103 of Title 54. While 50 CFR Part 11 establishes civil procedures and is authorized by several statutes, including those related to historic preservation (which 470w-3 fell under before being repealed), there’s no direct mandate or explicit authorization linking this specific former statute regarding access to information with the procedures outlined in Part 11. The link is therefore “related” as both touch on cultural resources but not explicitly authorized or mandated.

The statutes listed under “Authority” in 50 CFR Part 11, including 16 U.S.C. 470aa-470mm, provide broad rulemaking authority to the agency, without clearly instructing them on specific regulatory tasks related to civil procedures.

16 U.S. Code § 470x-6 related to National Park Service preservation but was repealed. 50 CFR Part 11 deals with civil procedures for the Department of Interior. While 16 U.S.C. 470aa – 470mm is listed as authority for 50 CFR Part 11, the specific repealed section 470x-6 is not, thus the relationship is related (both deal with the National Park Service) but neither directly mandated nor explicitly authorized.

The statute provides broad rulemaking authority to the Secretary to issue regulations “as are appropriate to carry out this chapter.” While it does relate to a specific chapter, it doesn’t define any specific regulatory tasks or gaps that the Secretary must address. The use of “appropriate” provides the agency with broad discretion in determining what regulations are needed to implement the chapter.

The statute explicitly states “the Secretary shall issue such regulations as are appropriate to carry out this chapter.” This language directly mandates the issuance of regulations.

The regulation, 50 CFR Part 11, cites a broad range of statutes, including sections within the National Historic Preservation Act (NHPA), the Migratory Bird Treaty Act, the Endangered Species Act, and others. While NHPA aims to preserve historical resources, the regulation focuses on the civil procedures used for enforcement of various statutes, including those related to historic preservation. The statutes provide the agency with broad rulemaking authority related to enforcement, rather than instructing the agency on a specific regulatory task related to specific preservation efforts.

16 U.S.C. § 470w-7, related to historic lighthouse preservation. While the regulation, 50 CFR Part 11, addresses civil procedures and includes 16 U.S.C. 470aa-470mm as authority, which is part of the National Historic Preservation Act, the now-repealed specific section (470w-7) isn’t explicitly mentioned. The general subject matter of historic preservation is related, but there’s no direct mandate or explicit authorization linking the repealed section to the civil procedure regulation.

The statute itself has been repealed, meaning it can’t have any delegated authority. However, looking at the range of U.S.C. citations provided as authority for the regulation, they mostly fall under “General Authority” as they cover a wide range of topics without giving specific direction on which regulations to create.

The statute 16 U.S.C. § 470w-2 related to donations and bequests of money, personal property, and less than fee interests in historic property. 50 CFR Part 11 relates to civil procedures. The statute does not directly mandate or authorize the regulation, but the statute and regulation are related, as the civil procedures would govern the enforcement of any regulations related to donations of historic property.

The statute clearly instructs the agency (Secretary) to promulgate regulations to determine the amount of the penalty, and provides factors the agency must consider while determining the amount of the penalty. This specificity indicates a Specific Authority Delegation.

The statute at 16 U.S.C. § 470aaa-6(a)(2) explicitly states that “The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this chapter…” This directly mandates the creation of regulations to determine the amount of the penalty. The regulation, 50 CFR Part 11, establishes the civil procedures for assessing penalties, and the statute explicitly requires regulations for determining the penalty amount.

While the statute concerned specific properties (historic properties), the delegation to federal agencies to create regulations for these properties is phrased in a way that provided them with broad authority to determine what regulations were necessary to manage these properties. The statute does not clearly instruct agencies on specific regulatory gaps.

The statute 16 U.S. Code § 470h-2 related to historic properties owned or controlled by Federal agencies, while repealed, provided a basis for agencies to potentially create regulations concerning those properties. The CFR citations listed (18 CFR 1312, 22 CFR 1104, etc.) indicate that various agencies utilized this (and other) statutes to promulgate regulations related to historic preservation and management. The statute authorized regulations related to historic preservation but did not mandate their creation.

Although 16 U.S.C. § 470h-5 is now repealed, at the time it was active, it specifically related to interstate and international traffic in antiquities. This statute, while now gone, falls under the “Specific Authority Delegations” category because it was directly addressing a specific issue (traffic in antiquities) and giving the agency (likely Department of Interior – see CFR citations) authority to regulate within that defined area, even if in broad terms.

The statute 16 U.S.C. § 470h-5, which related to interstate and international traffic in antiquities, is cited as authority for several CFR sections in 50 CFR Part 11. Although the statute itself is repealed, the fact that it previously served as authority for the regulations suggests that the relationship was authorized but not mandated. The agency had discretion to create regulations related to civil procedures relating to the antiquities it references.

50 CFR Part 11’s authority section lists numerous statutes, including 16 U.S.C. 470aa-470mm, which provide broad authority related to historic preservation. These statutes empower the agency to create regulations concerning assessment and enforcement of their provisions, but they don’t instruct the agency on a specific regulatory task regarding reimbursements. Therefore, the delegation is best categorized as general.

The statute, 16 U.S.C. § 470v-1, related to reimbursements from state and local agencies and has been repealed. 50 CFR Part 11 provides civil procedures for the Fish and Wildlife Service. While the statute involves state and local agencies and the regulation deals with civil procedures, they are related in the general sense that both concern government operations and enforcement. However, the statute does not directly mandate or explicitly authorize the regulation; the regulation’s authority stems from a different set of statutes listed in the regulation.

Even though 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11 are listed as authorities for the regulation, 50 CFR Part 11 relates to procedures for assessment, hearings, and monetary penalty adjustments for several statutory schemes related to fish and wildlife. The statutes listed provide broad rulemaking authority related to those areas but do not instruct on a specific regulatory task to address, but provide broad rulemaking authority without specific regulatory tasks identified. Therefore this is a general delegation authority.

16 U.S.C. § 470-1 declares the policy of the Federal Government regarding historic preservation. While the CFR regulations (50 CFR Part 11) touch on civil procedures, they are authorized by several statutes, 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11 among them, related to fish and wildlife. Since the statute provided is 470-1, and it is related to policy, the regulations are related to the statute but not directly mandated or explicitly authorized by it.

The statutes listed in the regulation’s authority section provide broad authority related to conservation and management of natural resources. While the statute has been repealed, the regulations remain in place and are supported by similar authorizing statutes. The statutes do not specify the exact procedures that must be followed for civil procedures, hearings, and appeals but rather allows the Department of Interior to enact regulations “appropriate,” “reasonable,” or “necessary.”

The CFR notes for the statute at 16 U.S.C. § 470h-4 indicate that multiple parts of Title 16 are cited as authority for the regulation at 50 CFR Part 11. Therefore, the regulations are authorized by the statute, but not mandated.

The regulation’s authority stems from a broad list of statutes, including 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, etc. These statutes likely grant broad rulemaking authority to the Department of Interior concerning civil procedures related to various conservation and resource management programs. This suggests a general delegation of authority rather than specific instructions.

16 U.S.C. § 470v-2 concerns the effectiveness of Federal grant and assistance programs related to the National Park Service and was repealed in 2014. 50 CFR Part 11 outlines civil procedures for the Department of Interior. While the statute touches on federal grant programs, and the regulation concerns civil procedures broadly applicable across the Department of Interior, the relationship is related (both deal with the administration of federal programs) but neither directly mandated nor explicitly authorized.

The statutes listed in the authority section of 50 CFR Part 11 are numerous, representing different subject areas, and none specifically mandate the creation of civil procedures. Rather, they generally authorize the agency to create rules for their enforcement. The statute provides broad rulemaking authority without specifying a specific regulatory task.

16 U.S. Code § 470x-5 related to grants, transfers, contracts, cooperative agreements and appropriations for National Park Service programs. Although the statute itself has been repealed and replaced by section 305305 of Title 54, the regulation at 50 CFR Part 11, which concerns civil procedures, lists a range of statutes, including those related to the National Park Service, as its authority. Therefore, the statute authorized but did not mandate the creation of regulations related to civil procedures for enforcing those statutes, including those concerning grants and appropriations within the National Park System.

The regulation, 50 CFR Part 11, is premised on a broad array of statutory authorities including 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11 and others. These statutes create a framework of enforcement for various protections. This is more of a general delegation because the listed statutes cover a range of issues and don’t specifically instruct the agency on a narrow regulatory task.

The statute 16 U.S.C. § 470w-4 addresses attorneys’ fees and costs in civil actions related to the National Park Service. While it does not explicitly mandate the creation of civil procedures, it authorizes regulations by implication if the agency wishes to implement the provision regarding attorneys’ fees and costs. 50 CFR Part 11 establishes civil procedures for various statutes, including those related to the National Park Service, implying an authorized relationship. The regulation’s authority cites several sections of Title 16, suggesting a general authorization for the establishment of civil procedures related to the enforcement of those statutes.

The statute specifically instructs the Secretary to “establish a program to increase public awareness about the significance of paleontological resources.” This is a specific regulatory task even though the means of establishment are left to the agency’s discretion using an open ended term.

The statute authorizes the Secretary to establish a public awareness program, but it doesn’t mandate specific regulations related to civil procedures. The regulation, 50 CFR Part 11, addresses civil procedures and includes 16 U.S.C. 470aaa-470aaa-11 in its authority section, which is the same act that 16 U.S.C. § 470aaa-2 is derived from (Paleontological Resources Preservation Act). While the statute itself doesn’t directly discuss civil procedures, it is within the general scope of the Paleontological Resources Preservation Act, thus the civil procedures could be authorized to enforce provisions related to the act and the established program.

The statute gives the agency (National Park Service and related programs) authority to administer responsibilities related to the World Heritage Convention. It does not provide a specific regulatory task for the agency to undertake. Thus it is a general delegation of authority.

The statute, 16 U.S.C. § 470a-1 (now 54 U.S.C. § 307101), relates to the World Heritage Convention. While it doesn’t explicitly mandate the regulations found in 50 CFR Part 11 (Civil Procedures), the CFR cites to numerous statutes related to conservation, wildlife, and cultural resources which may have an intersection with implementation of the World Heritage Convention or other international agreements that may arise out of the World Heritage Convention. Thus, the statute authorizes, but does not directly mandate, the regulation.

The statute specifically instructs the Secretary regarding the handling of paleontological resource information under 5 U.S.C. 552. The statute provides specific factors the Secretary must consider before deciding whether to disclose the information (“further the purposes,” “not create risk of harm,” “be in accordance with other applicable laws”). This falls under the “Specific Authority” delegation because the agency is explicitly instructed on how to manage paleontological information.

The statute, 16 U.S.C. § 470aaa-8, grants the Secretary discretion regarding the disclosure of paleontological resource information. The Secretary “may” choose to disclose under certain conditions. The CFR lists the statutory range including 470aaa-11, thereby authorizing the regulation. This implies authorization, but not a direct mandate to create regulations.