r/title-16-CONSERVATION wiki — defined terms

“coastal State” applies throughout its chapter

The term “coastal State” has the meaning given the term “coastal state” in section 1453 of this title . (3) Foundation

“Foundation” applies throughout its chapter

The term “Foundation” means the National Fish and Wildlife Foundation established by section 3701(a) of this title . (4) Fund

“Fund” applies throughout its chapter

The term “Fund” means the National Oceans and Coastal Security Fund established under section 7503(a) of this title . (5) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” means any federally recognized Indian tribe. (6) Administrator Except as otherwise specifically provided,

“tidal shoreline” applies throughout its chapter

The term “tidal shoreline” has the meaning given that term pursuant to section 923.110(c)(2)(i) of title 15, Code of Federal Regulations, or a similar successor regulation.

“appropriate congressional committees” applies throughout its chapter

The term “appropriate congressional committees” means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Co-Chairs of the Task Force

“Co-Chairs of the Task Force” applies throughout its chapter

The term “Co-Chairs of the Task Force” means the Secretary of State, the Secretary of the Interior, and the Attorney General, as established pursuant to Executive Order 13648. (3) Community conservation

“community conservation” applies throughout its chapter

The term “community conservation” means an approach to conservation involving local communities that recognizes the rights of local people to manage, or benefit directly and indirectly from wildlife and other natural resources in a long-term biologically viable manner and includes— (A) devolving management and governance to local communities to create positive conditions for resource use that takes into account current and future ecological requirements; and (B) building the capacity of communities for conservation and natural resource management. (4) Country of concern

“country of concern” applies throughout its chapter

The term “country of concern” means a foreign country specially designated by the Secretary of State pursuant to section 7621(b) of this title as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which— (A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or (B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking.

“defense article” applies throughout its chapter

The terms “defense article”, “defense service”, “significant military equipment”, and “training” have the meanings given such terms in section 2794 of title 22 . (7) Implementation Plan

“defense service” applies throughout its chapter

The terms “defense article”, “defense service”, “significant military equipment”, and “training” have the meanings given such terms in section 2794 of title 22 . (7) Implementation Plan

“Implementation Plan” applies throughout its chapter

The term “Implementation Plan” means the Implementation Plan for the National Strategy for Combating Wildlife Trafficking released on February 11, 2015 , a modification of that plan, or a successor plan. (8) National Strategy

“National Strategy” applies throughout its chapter

The term “National Strategy” means the National Strategy for Combating Wildlife Trafficking published on February 11, 2014 , a modification of that strategy, or a successor strategy. (9) National wildlife services The term “national wildlife services” refers to the ministries and government bodies designated to manage matters pertaining to wildlife management, including poaching or trafficking, in a focus country. (10) Security force

“security force” applies throughout its chapter

The term “security force” means a military, law enforcement, gendarmerie, park ranger, or any other security force with a responsibility for protecting wildlife and natural habitats. (11) Task Force

“significant military equipment” applies throughout its chapter

The terms “defense article”, “defense service”, “significant military equipment”, and “training” have the meanings given such terms in section 2794 of title 22 . (7) Implementation Plan

“Task Force” applies throughout its chapter

The term “Task Force” means the Presidential Task Force on Wildlife Trafficking, as established by Executive Order 13648 (78 Fed. Reg. 40621) and modified by section 7631 of this title . (12) Wildlife trafficking The term “wildlife trafficking” refers to the poaching or other illegal taking of protected or managed species and the illegal trade in wildlife and their related parts and products.

“training” applies throughout its chapter

The terms “defense article”, “defense service”, “significant military equipment”, and “training” have the meanings given such terms in section 2794 of title 22 . (7) Implementation Plan

“1982 Convention” applies throughout its chapter

The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.

“Commission” applies throughout its chapter

The term “Commission” means the North Pacific Fisheries Commission established in accordance with the North Pacific Fisheries Convention. (2) Commissioner

“Commissioner” applies throughout its chapter

The term “Commissioner” means a United States Commissioner appointed under section 7702(a) of this title . (3) Convention Area

“Convention Area” applies throughout its chapter

The term “Convention Area” means the area to which the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean applies under Article 4 of such Convention. (4) Council

“Council” applies throughout its chapter

The term “Council” means the North Pacific Fishery Management Council, the Pacific Fishery Management Council, or the Western Pacific Fishery Management Council established under section 1852 of this title , as the context requires. (5) Exclusive economic zone

“exclusive economic zone” applies throughout its chapter

The term “exclusive economic zone” means— (A) with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983 ( 16 U.S.C. 1453 note); and (B) with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law. (6) Fisheries resources (A) In general Except as provided in subparagraph (B),

“fisheries resources” applies throughout its chapter

the term “fisheries resources” means all fish, mollusks, crustaceans, and other marine species caught by a fishing vessel within the Convention Area, as well as any products thereof. (B) Exclusions The term “fisheries resources” does not include— (i) sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention; (ii) catadromous species; (iii) marine mammals, marine reptiles, or seabirds; or (iv) other marine species already covered by preexisting …

“fishing activities” applies throughout its chapter

The term “fishing activities” means— (i) the actual or attempted searching for, catching, taking, or harvesting of fisheries resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose; (iii) the processing of fisheries resources at sea; (iv) the transshipment of fisheries resources at sea or in port; or (v) any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment.

“fishing vessel” applies throughout its chapter

The term “fishing vessel” means any vessel used or intended for use for the purpose of engaging in fishing activities, including a processing vessel, a support ship, a carrier vessel, or any other vessel directly engaged in such fishing activities. (9) High seas The term “high seas” does not include an area that is within the exclusive economic zone of the United States or of any other country. (10) North Pacific Fisheries Convention

“North Pacific Fisheries Convention” applies throughout its chapter

The term “North Pacific Fisheries Convention” means the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force) for the United States, which was adopted at Tokyo on February 24, 2012 . (11) Person

“person” applies throughout its chapter

The term “person” means— (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary Except as otherwise specifically provided,

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Commerce. (13) State

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. (14) Straddling stock

“straddling stock” applies throughout its chapter

The term “straddling stock” means a stock of fisheries resources that migrates between, or occurs in, the economic exclusion zone of one or more parties to the Convention and the Convention Area. (15) Transshipment

“transshipment” applies throughout its chapter

The term “transshipment” means the unloading of any fisheries resources taken in the Convention Area from one fishing vessel to another fishing vessel either at sea or in port. (16) 1982 convention

“1982 Convention” applies throughout its chapter

The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982. (2) Commission

“Commission” applies throughout its chapter

The term “Commission” means the Commission of the South Pacific Regional Fisheries Management Organization established in accordance with the South Pacific Fishery Resources Convention. (3) Convention Area

“Convention Area” applies throughout its chapter

The term “Convention Area” means the area to which the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean applies under Article 5 of such Convention. (4) Council

“Council” applies throughout its chapter

The term “Council” means the Western Pacific Regional Fishery Management Council. (5) Exclusive economic zone

“exclusive economic zone” applies throughout its chapter

The term “exclusive economic zone” means— (A) with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983 ( 16 U.S.C. 1453 note); and (B) with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law. (6) Fishery resources

“fishery resources” applies throughout its chapter

The term “fishery resources” means all fish, mollusks, crustaceans, and other marine species, and any products thereof, caught by a fishing vessel within the Convention Area, but excluding— (A) sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; (B) highly migratory species listed in Annex I of the 1982 Convention; (C) anadromous and catadromous species; and (D) marine mammals, marine reptiles and sea birds. (7) Fishing

“fishing” applies throughout its chapter

The term “fishing”— (A) except as provided in subparagraph (B), means— (i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose; (iii) transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and (iv) the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and (B) does not include any operation related to emergencies involving the health and safety of crew members or the …

“fishing vessel” applies throughout its chapter

The term “fishing vessel” means any vessel used or intended to be used for fishing, including any fish processing vessel support ship, carrier vessel, or any other vessel directly engaged in fishing operations. (9) Person

“person” applies throughout its chapter

The term “person” means any individual (whether or not a citizen or national of the United States); any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State); and any Federal, State, local, or foreign government or any entity of any such government. (10) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Commerce. (11) South Pacific Fishery Resources Convention

“South Pacific Fishery Resources Convention” applies throughout its chapter

The term “South Pacific Fishery Resources Convention” means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States), which was adopted at Auckland, New Zealand, on November 14, 2009 , by the International Consultations on the Proposed South Pacific Regional Fisheries Management Organization. (12) State

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.

“Federal land” applies throughout its subchapter

The term “Federal land” means— (A) any land in the National Forest System (as defined in section 1609(a) of this title ) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 1702 of title 43 ), the surface of which is administered by the Secretary, acting through the Director of the Bureau of Land Management. (2) Secretary concerned

“Secretary concerned” applies throughout its subchapter

The term “Secretary concerned” means— (A) the Secretary of Agriculture, with respect to land described in paragraph (1)(A); and (B) the Secretary, with respect to land described in paragraph (1)(B).

“Secretary” applies in that section

The term “Secretary” means— (A) the Secretary, with respect to land administered by— (i) the Director of the National Park Service; (ii) the Director of the United States Fish and Wildlife Service; and (iii) the Director of the Bureau of Land Management; and (B) the Secretary of Agriculture, with respect to land administered by the Chief of the Forest Service. (2) State or regional office

“State or regional office” applies in that section

The term “State or regional office” means— (A) a State office of the Bureau of Land Management; or (B) a regional office of— (i) the National Park Service; (ii) the United States Fish and Wildlife Service; or (iii) the Forest Service. (3) Travel management plan

“travel management plan” applies in that section

The term “travel management plan” means a plan for the management of travel— (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 668dd(e) of this title ; (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the …

“AIS” applies throughout its chapter

The term “AIS” means Automatic Identification System (as defined in section 164.46 of title 33, Code of Federal Regulations, or a similar successor regulation). (2) Combined Maritime Forces

“Combined Maritime Forces” applies throughout its chapter

The term “Combined Maritime Forces” means the 33-nation naval partnership, originally established in February 2002, which promotes security, stability, and prosperity across approximately 3,200,000 square miles of international waters. (3) Exclusive economic zone (A) In general Unless otherwise specified by the President as being in the public interest in a writing published in the Federal Register,

“exclusive economic zone” applies throughout its chapter

the term “exclusive economic zone” means— (i) the area within a zone established by a maritime boundary that has been established by a treaty in force or a treaty that is being provisionally applied by the United States; or (ii) in the absence of a treaty described in clause (i)— (I) a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or (II) if the distance between the United States and another country is less than 400 nautical miles, a zone, the outer boundary of which is represented by a line equidistant between the United States and the other country.

“food security” applies in that section

The term “food security” means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life. (5) Global record of fishing vessels, refrigerated transport vessels, and supply vessels

“IUU fishing” applies in that section

The term “IUU fishing” means illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001 ). (7) Port State Measures Agreement

“Port State Measures Agreement” applies in that section

The term “Port State Measures Agreement” means the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing set forth by the Food and Agriculture Organization of the United Nations, done at Rome, Italy November 22, 2009 , and entered into force June 5, 2016 , which offers standards for reporting and inspecting fishing activities of foreign-flagged fishing vessels at port. (8) Priority flag state

“priority flag state” applies in that section

The term “priority flag state” means a country selected in accordance with section 8032(b)(3) of this title — (A) whereby the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and (B) that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet. (9) Priority region

“priority region” applies in that section

The term “priority region” means a region selected in accordance with section 8032(b)(2) of this title — (A) that is at high risk for IUU fishing activity or the entry of illegally caught seafood into the markets of countries in the region; and (B) in which countries lack the capacity to fully address the illegal activity described in subparagraph (A). (10) Regional Fisheries Management Organization

“Regional Fisheries Management Organization” applies in that section

The term “Regional Fisheries Management Organization” means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures. (11) Seafood

“seafood” applies in that section

The term “seafood”— (A) means marine finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, including those grown, produced, or reared through marine aquaculture operations or techniques; and (B) does not include marine mammals, turtles, or birds. (12) Transnational organized illegal activity

“transnational organized illegal activity” applies in that section

The term “transnational organized illegal activity” means criminal activity conducted by self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms. (13) Transshipment

“transshipment” applies in that section

The term “transshipment” means the use of refrigerated vessels that— (A) collect catch from multiple fishing boats; (B) carry the accumulated catches back to port; and (C) deliver supplies to fishing boats, which allows fishing vessels to remain at sea for extended periods without coming into port.

“appropriate congressional committees” applies throughout its chapter

The term “appropriate congressional committees” means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Board

“Board” applies throughout its chapter

The term “Board” means the National Fish Habitat Board established by section 8203 of this title . (3) Director

“Director” applies throughout its chapter

The term “Director” means the Director of the United States Fish and Wildlife Service. (4) Environmental Protection Agency Assistant Administrator

“Environmental Protection Agency Assistant Administrator” applies throughout its chapter

The term “Environmental Protection Agency Assistant Administrator” means the Assistant Administrator for Water of the Environmental Protection Agency. (5) Indian Tribe

“Indian Tribe” applies throughout its chapter

The term “Indian Tribe” has the meaning given to the term “Indian tribe” in section 5304 of title 25 . (6) National Oceanic and Atmospheric Administration Assistant Administrator

“Marine Fisheries Commissions” applies throughout its chapter

The term “Marine Fisheries Commissions” means— (A) the Atlantic States Marine Fisheries Commission; (B) the Gulf States Marine Fisheries Commission; and (C) the Pacific States Marine Commission. (10) Secretary

“National Oceanic and Atmospheric Administration Assistant Administrator” applies throughout its chapter

The term “National Oceanic and Atmospheric Administration Assistant Administrator” means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. (7) Partnership

“Partnership” applies throughout its chapter

The term “Partnership” means an entity designated by Congress as a Fish Habitat Partnership under section 8204 of this title . (8) Real property interest

“real property interest” applies throughout its chapter

The term “real property interest” means an ownership interest in— (A) land; or (B) water (including water rights). (9) Marine Fisheries Commissions

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior. (11) State

“State” applies throughout its chapter

The term “State” means each of the several States, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia. (12) State agency

“State agency” applies throughout its chapter

The term “State agency” means— (A) the fish and wildlife agency of a State; and (B) any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources of the State or sustains the habitat for those fishery resources pursuant to State law or the constitution of the State.

“coastal ecosystem” applies throughout its chapter

The term “coastal ecosystem” means a biological community of organisms interacting with each other and their habitats in a coastal landscape. (2) Coastal habitat assessment

“coastal habitat assessment” applies throughout its chapter

The term “coastal habitat assessment” means the process of evaluating the physical, chemical, and biological function of a coastal site to determine the value of the site to fish and wildlife. (3) Coastal habitat enhancement

“coastal habitat enhancement” applies throughout its chapter

The term “coastal habitat enhancement” means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem to increase or decrease specific biological functions that make the ecosystem valuable to fish and wildlife. (4) Coastal habitat planning

“coastal habitat planning” applies throughout its chapter

The term “coastal habitat planning” means the process of developing a comprehensive plan that— (A) characterizes a coastal ecosystem; (B) sets protection, restoration, or enhancement goals and identifies the priorities of those goals; (C) describes conservation strategies and methodologies; (D) establishes a timetable for implementation of the plan; and (E) identifies roles of participants and stakeholders. (5) Coastal habitat protection (A) In general

“coastal habitat protection” applies throughout its chapter

The term “coastal habitat protection” means a long-term action to safeguard habitat of value to fish and wildlife in a coastal ecosystem. (B) Inclusion

“coastal habitat restoration” applies throughout its chapter

The term “coastal habitat restoration” means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem with the goal of returning, to the maximum extent practicable, the full natural biological functions to lost or degraded native habitat. (7) Coastal landscape

“coastal landscape” applies throughout its chapter

The term “coastal landscape” means a portion of a coastal ecosystem within or adjacent to a coastal State that contains various habitat types, including— (A) a fresh or saltwater wetland in a coastal watershed; (B) a coastal river, stream, or waterway; (C) a coastal bay or estuary; (D) a seagrass bed, reef, or other nearshore marine habitat; (E) a beach or dune system; (F) a mangrove forest; and (G) an associated coastal upland. (8) Coastal State

“coastal State” applies throughout its chapter

The term “coastal State” means— (A) a State in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, the Long Island Sound, or 1 or more of the Great Lakes; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (9) Federal trust species

“Federal trust species” applies throughout its chapter

The term “Federal trust species” means migratory birds, threatened species or endangered species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), interjurisdictional fish, and marine mammals for which the Secretary has management authority. (10) Financial assistance

“financial assistance” applies throughout its chapter

The term “financial assistance” means Federal funding provided to Federal, State, local, or Tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals and entities through a grant or cooperative agreement. (11) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior. (12) Service

“Service” applies throughout its chapter

The term “Service” means the United States Fish and Wildlife Service. (13) Technical assistance

“technical assistance” applies throughout its chapter

The term “technical assistance” means a collaboration, facilitation, or consulting action relating to a coastal habitat planning, coastal habitat assessment, coastal habitat protection, coastal habitat restoration, or coastal habitat enhancement project or initiative in which the Service contributes scientific knowledge, skills, and expertise to the project or initiative.

“Federal land management agency” applies throughout its chapter

The term “Federal land management agency” has the meaning given the term in section 6801 of this title . (2) Federal recreational lands and waters

“Federal recreational lands and waters” applies throughout its chapter

The term “Federal recreational lands and waters” has the meaning given the term in section 6801 of this title . (3) Gateway community

“gateway community” applies throughout its chapter

The term “gateway community” means a community that serves as an entry point, or is adjacent, to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation. (4) Indian Tribe

“Indian Tribe” applies throughout its chapter

The term “Indian Tribe” has the meaning given the term in section 5304 of title 25 . (5) Land use plan

“land use plan” applies throughout its chapter

The term “land use plan” means— (A) a land use plan prepared by the Secretary pursuant to section 1712 of title 43 ; and (B) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 1604 of this title . (6) Secretaries

“Secretaries” applies throughout its chapter

The term “Secretaries” means each of— (A) the Secretary; and (B) the Secretary of Agriculture. (7) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior. (8) Secretary concerned

“Secretary concerned” applies throughout its chapter

The term “Secretary concerned” means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with respect to land managed by the Forest Service. (9) State

“State” applies throughout its chapter

The term “State” means each of the several States, the District of Columbia, and each territory of the United States.

“long-distance bike trail” applies in that section

The term “long-distance bike trail” means a continuous route, consisting of 1 or more trails or rights-of-way, that— (A) is not less than 80 miles in length; (B) primarily makes use of dirt or natural surface trails; (C) may require connections along paved or other improved roads; (D) does not include Federal recreational lands where mountain biking or related activities are not consistent with management requirements for those Federal recreational lands; and (E) to the maximum extent practicable, makes use of trails and roads that were on Federal recreational lands on or before January 4, 2025 . (2) Secretaries

“Secretaries” applies in that section

The term “Secretaries” means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

“covered Federal land” applies in that section

the term “covered Federal land”— (1) means the lands described in subparagraphs (A) and (B) of paragraph (2); and (2) includes components of the National Wilderness Preservation System.

“target shooting range” applies in that section

the term “target shooting range” means a developed and managed area that is authorized or operated by the Forest Service, a concessioner of the Forest Service, or the Bureau of Land Management (or their lessee) specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities.

“Recreation Area” applies in that section

The term “Recreation Area” means the recreation area and grounds associated with the recreation area on the map entitled “Ouachita National Forest Camping Restoration” and dated November 30, 2023 , on file with the Forest Service. (2) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (b) In general The Secretary shall— (1) not later than 6 months after January 4, 2025 , identify 54 areas within the Recreation Area that may be suitable for overnight camping; and (2) not later than 2 years after January 4, 2025 — (A) review each area identified under paragraph (1); and (B) from the areas so identified, select and establish at least 27 campsites and related facilities within the Recreation Area for public use.

“Aquatic Nuisance Species Task Force” applies in that section

The term “Aquatic Nuisance Species Task Force” means the Aquatic Nuisance Species Task Force established by section 4721(a) of this title . (2) Decontamination

“decontamination” applies in that section

The term “decontamination” means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems. (3) Federal land and water

“Federal land and water” applies in that section

The term “Federal land and water” means Federal land and water operated and maintained by the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Bureau of Reclamation, the Forest Service, or the National Park Service, as applicable. (4) Indian Tribe

“Indian Tribe” applies in that section

The term “Indian Tribe” has the meaning given such term in section 5304 of title 25 . (5) Inspection

“inspection” applies in that section

The term “inspection” means actions to find aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems. (6) Partner

“partner” applies in that section

The term “partner” means— (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; (D) a unit of local government in a Reclamation State; or (E) a private entity. (7) Reclamation State

“reclamation 1 project” applies in that section

The term “reclamation 1 project” has the meaning given such term in section 460 l –32(3) of this title. (9) Secretaries

“Reclamation State” applies in that section

The term “Reclamation State” includes any of the following States: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Idaho. (F) Kansas. (G) Montana. (H) Nebraska. (I) Nevada. (J) New Mexico. (K) North Dakota. (L) Oklahoma. (M) Oregon. (N) South Dakota. (O) Texas. (P) Utah. (Q) Washington. (R) Wyoming. (8) Reclamation project

“Secretaries” applies in that section

The term “Secretaries” means each of the following: (A) The Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service. (B) The Secretary of Agriculture, acting through the Chief of the Forest Service. (10) Vessel

“vessel” applies in that section

The term “vessel” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water. (b) Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and waters (1) In general The head of each Federal land management agency is authorized to carry out inspections and decontamination of vessels entering or leaving Federal land and waters under the jurisdiction of the respective Federal land management agency.

“Federal recreational lands and waters” applies in that section

The term “Federal recreational lands and waters”— (A) has the meaning given the term in section 6801 of this title ; and (B) includes Federal lands and waters managed by the National Oceanic and Atmospheric Administration and the U.S. Army Corps of Engineers. (2) Secretaries

“Secretaries” applies in that section

The term “Secretaries” means— (A) the Secretary, with respect to lands under the jurisdiction of the Secretary; (B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service; (C) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, with respect to Federal waters under the jurisdiction of the National Oceanic and Atmospheric Administration; and (D) the Assistant Secretary of Army for Civil Works, with respect to lakes and reservoirs under the jurisdiction of the U.S. Army Corps of Engineers.

“Secretaries” applies in that section

the term “Secretaries” means— (1) the Secretary, with respect to lands under the jurisdiction of the Secretary; (2) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service; (3) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, with respect to Federal waters under the jurisdiction of the National Oceanic and Atmospheric Administration; and (4) the Assistant Secretary of Army for Civil Works, with respect to lakes and reservoirs under the jurisdiction of the U.S. Army Corps of Engineers.

“appropriate committees of Congress” applies in that section

The term “appropriate committees of Congress” means— (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Natural Resources of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Broadband internet access service

“broadband internet access service” applies in that section

The term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations (or a successor regulation). (3) Cellular service

“cellular service” applies in that section

The term “cellular service” has the meaning given the term in section 22.99 of title 47, Code of Federal Regulations (or a successor regulation). (4) National Park

“National Park” applies in that section

The term “National Park” means a unit of the National Park System. (5) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Assessment (1) In general Not later than 1 year after January 4, 2025 , the Secretary shall complete an assessment of National Parks to identify— (A) locations in National Parks in which there is the greatest need for broadband internet access service, based on the considerations described in paragraph (2)(A); and (B) areas in National Parks in which there is the greatest need for cellular service, based on the considerations described in paragraph (2)(B).

“covered activity” applies in that section

The term “covered activity” means— (A) a capital improvement, including the construction, reconstruction, and nonroutine maintenance of any structure, infrastructure, or improvement, relating to the operation of, or access to, a covered recreation facility; and (B) any activity necessary to operate or maintain a covered recreation facility. (2) Covered recreation facility

“covered recreation facility” applies in that section

The term “covered recreation facility” means a federally owned campground, resort, cabin, or visitor center that is— (A) in existence on January 4, 2025 ; and (B) located on Federal recreational lands and waters administered by— (i) the Chief of the Forest Service; or (ii) the Director of the Bureau of Land Management. (3) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means— (A) a unit of State, Tribal, or local government; (B) a nonprofit organization; and (C) a private entity. (b) Pilot program The Secretaries shall establish a pilot program under which the Secretary concerned may enter into an agreement with, or issue or amend a land use authorization to, an eligible entity to allow the eligible entity to carry out covered activities relating to a covered recreation facility, subject to the requirements of this section and the terms of any relevant land use authorization, regardless of whether the eligible entity holds, on January 4, 2025 , an authorization to be a concessionaire for the covered recreation facility.

“independent evaluator” applies in that section

The term “independent evaluator” means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for-performance investor, as applicable, or by the pay-for-performance project developer, in consultation with the Secretary of Agriculture, to make the determinations and prepare the reports required under subsection (e). (2) National Forest System land

“National Forest System land” applies in that section

The term “National Forest System land” means land in the National Forest System (as defined in section 1609(a) of this title ). (3) Pay-for-performance agreement

“pay-for-performance agreement” applies in that section

The term “pay-for-performance agreement” means a mutual benefit agreement (excluding a procurement contract, grant agreement, or cooperative agreement described in chapter 63 of title 31) for a pay-for-performance project— (A) with a term of— (i) not less than 1 year; and (ii) not more than 20 years; and (B) that is executed, in accordance with applicable law, by— (i) the Secretary of Agriculture; and (ii) a pay-for-performance beneficiary or pay-for-performance project developer. (4) Pay-for-performance beneficiary

“pay-for-performance beneficiary” applies in that section

The term “pay-for-performance beneficiary” means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that— (A) repays capital loaned upfront by a pay-for-performance investor, based on a project outcome specified in a pay-for-performance agreement; or (B) provides capital directly for costs associated with a pay-for-performance project. (5) Pay-for-performance investor

“pay-for-performance investor” applies in that section

The term “pay-for-performance investor” means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that provides upfront loaned capital for a pay-for-performance project with the expectation of a financial return dependent on a project outcome. (6) Pay-for-performance project

“pay-for-performance project” applies in that section

The term “pay-for-performance project” means a project that— (A) would provide or enhance a recreational opportunity; (B) is conducted on— (i) National Forest System land; or (ii) other land, if the activities would benefit National Forest System land (including a recreational use of National Forest System land); and (C) would use an innovative funding or financing model that leverages— (i) loaned capital from a pay-for-performance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project outcome, as measured by an independent evaluator; or (ii) capital …

“pay-for-performance project developer” applies in that section

The term “pay-for-performance project developer” means a nonprofit or for-profit organization that serves as an intermediary to assist in developing or implementing a pay-for-performance agreement or a pay-for-performance project. (8) Project outcome

“project outcome” applies in that section

The term “project outcome” means a measurable, beneficial result (whether economic, environmental, or social) that is attributable to a pay-for-performance project and described in a pay-for-performance agreement. (b) Establishment of pilot program The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects.

“eligible entity” applies in that section

The term “eligible entity” means an entity or combination of entities that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization

“eligible nonprofit organization” applies in that section

The term “eligible nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (3) Entity

“entity” applies in that section

The term “entity” means— (A) a State; (B) a political subdivision of a State, including— (i) a city; (ii) a county; or (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization. (4) Low-income community

“low-income community” applies in that section

The term “low-income community” has the same meaning given that term in 26 U.S.C. 45D(e)(1) . 1 (5) Outdoor Recreation Legacy Partnership Program

“Outdoor Recreation Legacy Partnership Program” applies in that section

The term “Outdoor Recreation Legacy Partnership Program” means the program codified under subsection (b)(1). (6) Qualifying area

“qualifying area” applies in that section

The term “qualifying area” means— (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization.

“accessible trail” applies throughout its subchapter

The term “accessible trail” means a trail that meets the requirements for a trail under the Architectural Barriers Act accessibility guidelines. (2) Architectural Barriers Act accessibility guidelines

“Architectural Barriers Act accessibility guidelines” applies throughout its subchapter

The term “Architectural Barriers Act accessibility guidelines” means the accessibility guidelines set forth in appendices C and D to part 1191 of title 36, Code of Federal Regulations (or successor regulations). (3) Assistive technology

“assistive technology” applies throughout its subchapter

The term “assistive technology” means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities, particularly with participating in outdoor recreation activities. (4) Gold Star Family member

“Gold Star Family member” applies throughout its subchapter

The term “Gold Star Family member” means an individual described in section 3.3 of Department of Defense Instruction 1348.36. (5) Outdoor constructed feature

“outdoor constructed feature” applies throughout its subchapter

The term “outdoor constructed feature” has the meaning given such term in appendix C to part 1191 of title 36, Code of Federal Regulations (or successor regulations). (6) Veterans organization

“veterans organization” applies throughout its subchapter

The term “veterans organization” means a service provider with outdoor recreation experience that serves members of the Armed Forces, veterans, or Gold Star Family members.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means— (1) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Veterans’ Affairs and the Committee on Energy and Natural Resources of the Senate. (d) Outdoor recreation program attendance Each Secretary of a military department is encouraged to allow members of the Armed Forces on active duty status to participate in programs related to environmental stewardship or guided outdoor recreation.

“commercial use authorization” applies throughout its subchapter

The term “commercial use authorization” means a commercial use authorization to provide services to visitors to units of the National Park System under subchapter II of chapter 1019 of title 54. (2) Multijurisdictional trip

“multijurisdictional trip” applies throughout its subchapter

The term “multijurisdictional trip” means a trip that— (A) uses 2 or more units of Federal recreational lands and waters; and (B) is under the jurisdiction of 2 or more Federal land management agencies. (3) Recreation service provider

“recreation service provider” applies throughout its subchapter

The term “recreation service provider” has the meaning given the term in section 6801 of this title (as amended by section 311). (4) Special recreation permit

“special recreation permit” applies throughout its subchapter

The term “special recreation permit” has the meaning given the term in section 6801 of this title (as amended by section 311). (5) Visitor-use day

“visitor-use day” applies throughout its subchapter

The term “visitor-use day” means a visitor-use day, user day, launch, or other metric used by the Secretary concerned for purposes of authorizing use under a special recreation permit.

“special recreation permit for an organized group recreation activity or event” applies in that section

The term “special recreation permit for an organized group recreation activity or event” means a special recreation permit described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title). (B) Youth group

“youth group” applies in that section

The term “youth group” means a recreation service provider that predominantly serves individuals not older than 25 years of age. (2) Exemption from certain allocations of use If the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days.