r/title-16-CONSERVATION wiki — defined terms

“Director” applies in that section

The term “Director” means the Director of the United States Fish and Wildlife Service or a designee of that Director.;

“fish” applies in that section

The terms “fish”, “wildlife”, and “fish and wildlife” mean any wild member of the animal kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born in captivity, including a part, product, egg, or offspring of the member.;

“fish and wildlife” applies in that section

The terms “fish”, “wildlife”, and “fish and wildlife” mean any wild member of the animal kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born in captivity, including a part, product, egg, or offspring of the member.;

“manage” applies in that section

The terms “conserving”, “conservation”, “manage”, “managing”, and “management”, mean to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.;

“management” applies in that section

The terms “conserving”, “conservation”, “manage”, “managing”, and “management”, mean to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.;

“managing” applies in that section

The terms “conserving”, “conservation”, “manage”, “managing”, and “management”, mean to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.;

“person” applies in that section

The term “person” means any individual, partnership, corporation, or association.;

“plant” applies in that section

The term “plant” means any member of the plant kingdom in a wild, unconfined state, including any plant community, seed, root, or other part of a plant.;

“purposes of each refuge” applies in that section

The terms “purposes of the refuge” and “purposes of each refuge” mean the purposes specified in or derived from the law, proclamation, executive order, agreement, public land order, donation document, or administrative memorandum establishing, authorizing, or expanding a refuge, refuge unit, or refuge subunit.;

“purposes of the refuge” applies in that section

The terms “purposes of the refuge” and “purposes of each refuge” mean the purposes specified in or derived from the law, proclamation, executive order, agreement, public land order, donation document, or administrative memorandum establishing, authorizing, or expanding a refuge, refuge unit, or refuge subunit.;

“refuge” applies in that section

The term “refuge” means a designated area of land, water, or an interest in land or water within the System, but does not include Coordination Areas.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior.;

“sound professional judgment” applies in that section

The term “sound professional judgment” means a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements of this Act and other applicable laws.;

“State” applies in that section

The terms “State” and “United States” mean the several States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.;

“System” applies in that section

The term “System” means the National Wildlife Refuge System designated under section 668dd(a)(1) of this title .;

“take” applies in that section

The terms “take”, “taking”, and “taken” mean to pursue, hunt, shoot, capture, collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.

“taken” applies in that section

The terms “take”, “taking”, and “taken” mean to pursue, hunt, shoot, capture, collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.

“taking” applies in that section

The terms “take”, “taking”, and “taken” mean to pursue, hunt, shoot, capture, collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.

“United States” applies in that section

The terms “State” and “United States” mean the several States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.;

“wildlife” applies in that section

The terms “fish”, “wildlife”, and “fish and wildlife” mean any wild member of the animal kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born in captivity, including a part, product, egg, or offspring of the member.;

“wildlife-dependent recreation” applies in that section

The terms “wildlife-dependent recreation” and “wildlife-dependent recreational use” mean a use of a refuge involving hunting, fishing, wildlife observation and photography, or environmental education and interpretation.;

“wildlife-dependent recreational use” applies in that section

The terms “wildlife-dependent recreation” and “wildlife-dependent recreational use” mean a use of a refuge involving hunting, fishing, wildlife observation and photography, or environmental education and interpretation.;

“conservation” applies throughout its chapter

the term “conservation” means the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population, as well as the taking of individuals within wildlife stock or population if permitted by applicable State and Federal law; (2) for the purposes of determining the number of paid hunting-license holders in a State,

“fiscal year” applies throughout its chapter

the term “fiscal year” means the fiscal year or license year of the State;

“hunter recruitment and recreational shooter recruitment” applies throughout its chapter

the term “hunter recruitment and recreational shooter recruitment” means any activity or project to recruit or retain hunters and recreational shooters, including by— (A) outreach and communications as a means— (i) to improve communications with hunters, recreational shooters, and the general public with respect to hunting and recreational shooting opportunities; (ii) to reduce barriers to participation in these activities; (iii) to advance the adoption of sound hunting and recreational shooting practices; (iv) to promote conservation and the responsible use of the wildlife resources of the United States; and (v) to further safety in hunting and recreational shooting; (B) providing …

“public target range” applies throughout its chapter

the term “public target range” means a specific location that— (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of the Interior;

“State fish and game department” applies throughout its chapter

the term “State fish and game department” or “State fish and wildlife department” means any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department or State fish and wildlife department. 1;

“State fish and wildlife department” applies throughout its chapter

the term “State fish and game department” or “State fish and wildlife department” means any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department or State fish and wildlife department. 1;

“wildlife” applies throughout its chapter

the term “wildlife” means any species of wild, free-ranging fauna including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range;

“wildlife conservation and restoration program” applies throughout its chapter

the term “wildlife conservation and restoration program” means a program developed by a State fish and wildlife department and approved by the Secretary under section 669c(d) 2 of this title, the projects that constitute such a program, which may be implemented in whole or part through grants and contracts by a State to other State, Federal, or local agencies (including those that gather, evaluate, and disseminate information on wildlife and their habitats), wildlife conservation organizations, and outdoor recreation and conservation education entities from funds apportioned under this chapter, 2 and maintenance of such projects;

“wildlife conservation education” applies throughout its chapter

the term “wildlife conservation education” means projects, including public outreach, intended to foster responsible natural resource stewardship; and;

“wildlife-associated recreation” applies throughout its chapter

the term “wildlife-associated recreation” means projects intended to meet the demand for outdoor activities associated with wildlife including, but not limited to, hunting and fishing, wildlife observation and photography, such projects as construction or restoration of wildlife viewing areas, observation towers, blinds, platforms, land and water trails, water access, field trialing, trail heads, and access for such projects;

“wildlife-restoration project” applies throughout its chapter

the term “wildlife-restoration project” includes the wildlife conservation and restoration program and means the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and …

“State” applies in that section

the term “State” shall include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

“military installation” applies throughout its subchapter

The term “military installation”— (A) means any land or interest in land owned by the United States and administered by the Secretary of Defense or the Secretary of a military department, except land under the jurisdiction of the Assistant Secretary of the Army having responsibility for civil works; (B) includes all public lands withdrawn from all forms of appropriation under public land laws and reserved for use by the Secretary of Defense or the Secretary of a military department; and (C) does not include any land described in subparagraph (A) or (B) that is subject to an approved recommendation for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX …

“State” applies throughout its subchapter

The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands. (3) State-owned National Guard installation

“State fish and wildlife agency” applies throughout its subchapter

The term “State fish and wildlife agency” means the one or more agencies of State government that are responsible under State law for managing fish or wildlife resources. (5) United States

“State-owned National Guard installation” applies throughout its subchapter

The term “State-owned National Guard installation” means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense. (4) State fish and wildlife agency

“United States” applies throughout its subchapter

The term “United States” means the States, the District of Columbia, and the territories and possessions of the United States. (6) Indian tribe

“committees” applies in that section

the term “committees” means— (A) the Committee on Resources and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Environment and Public Works of the Senate.

“Administrator” applies throughout its subchapter

The term “Administrator” means the Administrator of the National Aeronautics and Space Administration.;

“Chairman” applies throughout its subchapter

The term “Chairman” means the Chairman of the Atomic Energy Commission.;

“conservation and rehabilitation programs” applies throughout its subchapter

The term “conservation and rehabilitation programs” means to utilize those methods and procedures which are necessary to protect, conserve, and enhance wildlife, fish, and game resources to the maximum extent practicable on public lands subject to this subchapter consistent with any overall land use and management plans for the lands involved. Such methods and procedures shall include, but shall not be limited to, all activities associated with scientific resources management such as protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking in conformance with the provisions of this subchapter.

“off-road vehicle” applies throughout its subchapter

The term “off-road vehicle” means any motorized vehicle designed for, or capable of, cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; but such term does not include— (A) any registered motorboat at the option of each State; (B) any military, fire, emergency, or law enforcement vehicle when used for emergency purposes; and (C) any vehicle the use of which is expressly authorized by the Secretary of the Interior or the Secretary of Agriculture under a permit, lease, license, or contract.;

“public land” applies throughout its subchapter

The term “public land” means all lands, under the respective jurisdiction of the Secretary of the Interior, the Secretary of Agriculture, the Chairman, and the Administrator, except land which is, or hereafter may be, within or designated as— (A) a military reservation; (B) a unit of the National Park System; (C) an area within the national wildlife refuge system; (D) an Indian reservation; or (E) an area within an Indian reservation or land held in trust by the United States for an Indian or Indian tribe.;

“State agency” applies throughout its subchapter

The term “State agency” means the agency or agencies of a State responsible for the administration of the fish and game laws of the State.;

“person” applies in that section

the term “person” includes an individual, partnership, association, or corporation.

“improved property” applies in that section

the term “improved property” means a detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and construction of which was begun before July 1, 1973 , which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.

“total cost” applies in that section

the term “total cost” means that amount of the total acquisition costs (including the value of exchanged or donated lands) less the amount of the costs incurred by the Federal Highway Administration and the Florida Department of Transportation, including severance damages paid to private property owners as a result of the construction of Interstate 75.

“improved property” applies in that section

the term “improved property” means: (i) a detached one family dwelling, construction of which was begun before November 23, 1971 , with respect to the preserve and January 1, 1986 , with respect to the Addition which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional lands as the Secretary deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and (ii) any other building, construction of which was begun before November 23, 1971 , with respect to the …

“wetlands” applies in that section

the term “wetlands” has the same meaning as provided by section 3902 of this title . Lands, interests in lands, and improvements thereon within the boundaries of the Preserve which are owned by the State of Florida or any political subdivision thereof may be acquired only by donation or exchange. On lands acquired for inclusion within the Preserve, the Secretary shall not impair any legal riparian right of access nor shall he preclude the continued use of any legal right of way.

“Advisory Committee” applies in that section

The term “Advisory Committee” means the Advisory Committee established under section 698u–5 of this title . (2) Preserve

“Preserve” applies in that section

The term “Preserve” means the Tallgrass Prairie National Preserve established by section 698u–2 of this title . (3) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior. (4) Trust

“Trust” applies in that section

The term “Trust” means the National Park Trust, Inc., a District of Columbia nonprofit corporation, or any successor-in-interest.

“eligible employee” applies in that section

The term “eligible employee” means a person who was a full-time or part-time employee of the Trust during the 180-day period immediately preceding December 19, 2014 . (2) Fund

“Fund” applies in that section

The term “Fund” means the Valles Caldera Fund established by section 106(h)(2) of the Valles Caldera Preservation Act. (3) Preserve

“Preserve” applies in that section

The term “Preserve” means the Valles Caldera National Preserve in the State. (4) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior. (5) State

“State” applies in that section

The term “State” means the State of New Mexico. (6) Trust

“Trust” applies in that section

The term “Trust” means the Valles Caldera Trust established by section 106(a) of the Valles Caldera Preservation Act. (b) Designation of Valles Caldera National Preserve as a unit of the National Park System (1) In general To protect, preserve, and restore the fish, wildlife, watershed, natural, scientific, scenic, geologic, historic, cultural, archaeological, and recreational values of the area, the Valles Caldera National Preserve is designated as a unit of the National Park System.

“native to the United States or its territories” applies in that section

the term “native to the United States or its territories” means occurring in the United States or its territories as the result of natural biological or ecological processes. (B) Treatment of introduced species For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless— (i) it was native to the United States or its territories and extant in 1918; (ii) it was extirpated after 1918 throughout its range in the United States and its territories; and (iii) after such extirpation, it was …

“county” applies in that section

The term “county” means any county, parish, or organized or unorganized borough.

“fee area” applies in that section

The term “fee area” means any area which was acquired in fee by the United States and is administered, either solely or primarily, by the Secretary through the Service.;

“reserve area” applies in that section

The term “reserve area” means any area of land withdrawn from the public domain and administered, either solely or primarily, by the Secretary through the Service.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior.;

“Service” applies in that section

The term “Service” means the United States Fish and Wildlife Service.;

“retail dealer” applies in that section

the term “retail dealer” means— (i) any individual or entity that is regularly engaged in the business of retailing hunting or fishing equipment; and (ii) any individual or entity duly authorized to act as an agent of a State or political subdivision of a State for the sale of State or county hunting or fishing licenses.

“hunting year” applies throughout its subchapter

The term “hunting year” means the 1-year period beginning on July 1 of each year. (2) Migratory waterfowl

“migratory waterfowl” applies throughout its subchapter

The term “migratory waterfowl” means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington on August 16, 1916 (USTS 628) ( 16 U.S.C. 703 et seq.). (3) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior. (4) State

“State” applies throughout its subchapter

The term “State” means— (A) a State; (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. (5) Take

“take” applies throughout its subchapter

The term “take” means— (A) to pursue, hunt, shoot, capture, collect, or kill; or (B) to attempt to pursue, hunt, shoot, capture, collect, or kill.

“actual stamp” applies throughout its subchapter

The term “actual stamp” means a Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a et seq.) that is printed on paper and sold through the means established by the authority of the Secretary immediately before December 18, 2014 . (2) Automated licensing system (A) In general

“automated licensing system” applies throughout its subchapter

The term “automated licensing system” means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) Inclusion

“electronic stamp” applies throughout its subchapter

The term “electronic stamp” means an electronic version of an actual stamp that— (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this subchapter, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; (E) is described in the State application approved by the Secretary under section 718q(b) of this title ; and (F) may contain an image of the actual …

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior.

“State” applies throughout its subchapter

the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.

“partner organization” applies in that section

the term “partner organization” means an organization that— (A) draws its membership from private individuals, organizations, corporations, academic institutions, or State or local governments; (B) is established to promote the understanding of, education relating to, and the conservation of the fish, wildlife, plants, and cultural and historical resources of a particular refuge or complex of geographically related refuges; and (C) is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of that title.

“aircraft” applies in that section

the term “aircraft” means any contrivance used for flight in the air. (d) Enforcement; regulations; arrest; search; issuance and execution of warrants and process; cooperative agreements The Secretary of the Interior shall enforce the provisions of this section and shall promulgate such regulations as he deems necessary and appropriate to carry out such enforcement.

“agency” applies in that section

the term “agency” means the department in which the Coast Guard is operating, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Atomic Energy Commission, and the National Aeronautics and Space Administration. (b) Personnel and equipment available The chief executive officer of each agency may from time to time— (i) detail from the agency for duty under the Director of the Bureau of Sport Fisheries and Wildlife, Department of the Interior, such commissioned and enlisted personnel and civilian employees as may be spared for such duty; and (ii) consonant with the operational needs of the agency, loan equipment of the agency to the Director.

“basin” applies in that section

the term “basin” includes rivers and their tributaries, lakes, and other bodies of water or portions thereof. (2) In the case of any State that has implemented an interstate fisheries management plan for anadromous fishery resources, prepared by an interstate commission, the Federal share of any grant made under this section to carry out activities required by such plan shall be up to 90 percent. For purposes of this paragraph,

“interstate commission” applies in that section

the term “interstate commission” means— (A) the commission established by the Atlantic States Marine Fisheries Compact (as consented to and approved by Public Law 80–77 1 ), approved May 4, 1942 ( 56 Stat. 267 ); (B) the commission established by the Pacific Marine Fisheries Compact (as consented to and approved by Public Law 80–232 1 ), approved July 24, 1947 ( 16 Stat. 419 ); and (C) the commission established by the Gulf States Marine Fisheries Compact (as consented to and approved by Public Law 81–66 ), approved May 19, 1949 ( 63 Stat. 70 ).

“Central, Western, and South Pacific Ocean” applies in that section

the term “Central, Western, and South Pacific Ocean” means that area of the Pacific Ocean between latitudes 30 degrees north to 30 degrees south and from longitudes 120 degrees east to 130 degrees west.

“permit” applies in that section

the term “permit” means any license, certificate, approval, registration, charter, membership, exemption, or other form of permission issued by the Commission or the Secretary, and includes any quota share or other transferable quota issued by the Secretary.

“coastal State” applies in that section

the term “coastal State” means any one of the States of Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington. The term also includes the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

“aquatic resource education program” applies throughout its chapter

the term “aquatic resource education program” means a program designed to enhance the public’s understanding of aquatic resources and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic environment.

“outreach and communications program” applies throughout its chapter

the term “outreach and communications program” means a program to improve communications with anglers, boaters, and the general public regarding angling and boating opportunities, to reduce barriers to participation in these activities, to advance adoption of sound fishing and boating practices, to promote conservation and the responsible use of the Nation’s aquatic resources, and to further safety in fishing and boating; and;

“cost” applies throughout its chapter

The term “cost” shall include, insofar as applicable, the elements thereof prescribed in said classification, but shall not include expenditures from funds obtained through donations by States, municipalities, individuals, or others, and said classification of investment of the Interstate Commerce Commission shall insofar as applicable be published and promulgated as a part of the rules and regulations of the Commission; (14) “Commission” and “Commissioner” means the Federal Power Commission, and a member thereof, respectively; (15) “State commission” means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy to …

“electric cooperative” applies throughout its chapter

The term “electric cooperative” means a cooperatively owned electric utility. 1 (27) RTO.—

“electric utility” applies throughout its chapter

The term “electric utility” means a person or Federal or State agency (including an entity described in section 824(f) of this title ) that sells electric energy. 1;

“Independent System Operator” applies throughout its chapter

The term “Independent System Operator” or “ISO” means an entity approved by the Commission— (A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and (B) to ensure nondiscriminatory access to the facilities. 3 (29) Transmission organization .—

“ISO” applies throughout its chapter

The term “Independent System Operator” or “ISO” means an entity approved by the Commission— (A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and (B) to ensure nondiscriminatory access to the facilities. 3 (29) Transmission organization .—

“Regional Transmission Organization” applies throughout its chapter

The term “Regional Transmission Organization” or “RTO” means an entity of sufficient regional scope approved by the Commission— (A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and (B) to ensure nondiscriminatory access to the facilities. 1 (28) ISO.—

“RTO” applies throughout its chapter

The term “Regional Transmission Organization” or “RTO” means an entity of sufficient regional scope approved by the Commission— (A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and (B) to ensure nondiscriminatory access to the facilities. 1 (28) ISO.—

“Transmission Organization” applies throughout its chapter

The term “Transmission Organization” means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities.

“transmitting utility” applies throughout its chapter

The term “transmitting utility” means an entity (including an entity described in section 824(f) of this title ) that owns, operates, or controls facilities used for the transmission of electric energy— (A) in interstate commerce; (B) for the sale of electric energy at wholesale. 1 (24) Wholesale transmission services .—

“wholesale transmission services” applies throughout its chapter

The term “wholesale transmission services” means the transmission of electric energy sold, or to be sold, at wholesale in interstate commerce. 1 (25) Exempt wholesale generator .— The term “exempt wholesale generator” shall have the meaning provided by section 79z–5a 2 of title 15. 1 (26) Electric cooperative .—

“conduit” applies in that section

The term “conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.;

“qualifying conduit hydropower facility” applies in that section

The term “qualifying conduit hydropower facility” means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria.;

“qualifying criteria” applies in that section

The term “qualifying criteria” means, with respect to a facility— (i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit; (ii) the facility has an installed capacity that does not exceed 40 megawatts; and (iii) on or before August 9, 2013 , the facility is not licensed under, or exempted from the license requirements contained in, this subchapter.

“qualifying project works” applies in that section

the term “qualifying project works” means project works— (1) that are not part of a project licensed under this part or exempted from licensing under this subchapter or section 2705 of this title prior to November 9, 2000 ; (2) for which a preliminary permit, a license application, or an application for an exemption from licensing has not been accepted for filing by the Commission prior to November 9, 2000 (unless such application is withdrawn at the election of the applicant); (3) that are part of a project that has a power production capacity of 5,000 kilowatts or less; (4) that are located entirely within the boundaries of the State of Alaska; and (5) that are not located in whole or in …

“qualifying criteria” applies in that section

The term “qualifying criteria” means, with respect to a facility— (A) as of October 23, 2018 , the facility is not licensed under, or exempted from the license requirements contained in, this subchapter; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, release, or flow operations …

“qualifying facility” applies in that section

The term “qualifying facility” means a facility that is determined under this section to meet the qualifying criteria. (3) Qualifying nonpowered dam

“qualifying nonpowered dam” applies in that section

The term “qualifying nonpowered dam” means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before October 23, 2018 ; (B) that is or was operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, drinking water, or flood control purposes; and (C) that, as of October 23, 2018 , is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this subchapter.

“existing qualifying cogeneration facility” applies in that section

the term “existing qualifying cogeneration facility” means a facility that— (i) was a qualifying cogeneration facility on August 8, 2005 ; or (ii) had filed with the Commission a notice of self-certification, self recertification or an application for Commission certification under 18 CFR 292.207 prior to the date on which the Commission issues the final rule required by subsection (n). (3) Commission review Any electric utility may file an application with the Commission for relief from the mandatory purchase obligation pursuant to this subsection on a service territory-wide basis.

“incremental cost of alternative electric energy” applies in that section

the term “incremental cost of alternative electric energy” means, with respect to electric energy purchased from a qualifying cogenerator or qualifying small power producer, the cost to the electric utility of the electric energy which, but for the purchase from such cogenerator or small power producer, such utility would generate or purchase from another source.

“new dam or diversion” applies in that section

the term “new dam or diversion” means a dam or diversion which requires, for purposes of installing any hydroelectric power project, any construction, or enlargement of any impoundment or diversion structure (other than repairs or reconstruction or the addition of flashboards or similar adjustable devices) 3 (l) Definitions For purposes of this section, the terms “small power production facility”, “qualifying small power production facility”, “qualifying small power producer”, “primary energy source”, “cogeneration facility”, “qualifying cogeneration facility”, and “qualifying cogenerator” have the respective meanings provided for such terms under section 3(17) and (18) of the Federal Power …

“automatic adjustment clause” applies in that section

the term “automatic adjustment clause” means a provision of a rate schedule which provides for increases or decreases (or both), without prior hearing, in rates reflecting increases or decreases (or both) in costs incurred by an electric utility. Such term does not include any rate which takes effect subject to refund and subject to a later determination of the appropriate amount of such rate.

“applicable Commission rule” applies in that section

The term “applicable Commission rule” means a Commission rule applicable to sales at wholesale by public utilities that the Commission determines after notice and comment should also be applicable to entities subject to this subsection.

“short-term sale” applies in that section

The term “short-term sale” means an agreement for the sale of electric energy at wholesale in interstate commerce that is for a period of 31 days or less (excluding monthly contracts subject to automatic renewal).;

“facilities” applies in that section

the term “facilities” means only facilities used for the generation or transmission of electric energy. (2) With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under subsection (a)(1),

“facilities of such applicant” applies in that section

the term “facilities of such applicant” means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application. With respect to an order issued pursuant to an application under subsection (a)(2),

“facilities” applies in that section

the term “facilities” means only facilities used for the generation or transmission of electric energy.

“unregulated transmitting utility” applies in that section

the term “unregulated transmitting utility” means an entity that— (1) owns or operates facilities used for the transmission of electric energy in interstate commerce; and (2) is an entity described in section 824(f) of this title .

“antitrust laws” applies in that section

the term “antitrust laws” has the meaning given in subsection (a) of the first sentence of section 12 of title 15 , except that such term includes section 45 of title 15 to the extent that such section relates to unfair methods of competition. (f) Effective date of order; hearing; notice; review (1) No order under section 824i or 824j of this title requiring the Tennessee Valley Authority (hereinafter in this subsection referred to as the “TVA”) to take any action shall take effect for 60 days following the date of issuance of the order.

“ERCOT” applies in that section

the term “ERCOT” means the Electric Reliability Council of Texas; and;

“ERCOT utility” applies in that section

the term “ERCOT utility” means a transmitting utility which is a member of ERCOT.

“bulk-power system” applies in that section

The term “bulk-power system” means— (A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and (B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy.;

“cybersecurity incident” applies in that section

The term “cybersecurity incident” means a malicious act or suspicious event that disrupts, or was an attempt to disrupt, the operation of those programmable electronic devices and communication networks including hardware, software and data that are essential to the reliable operation of the bulk power system.

“Electric Reliability Organization” applies in that section

The terms “Electric Reliability Organization” and “ERO” mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review.;

“ERO” applies in that section

The terms “Electric Reliability Organization” and “ERO” mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review.;

“Interconnection” applies in that section

The term “Interconnection” means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control.;

“regional entity” applies in that section

The term “regional entity” means an entity having enforcement authority pursuant to subsection (e)(4).;

“reliability standard” applies in that section

The term “reliability standard” means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities, including cybersecurity protection, and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity.;

“reliable operation” applies in that section

The term “reliable operation” means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system elements.;

“transmission organization” applies in that section

The term “transmission organization” means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities.;

“bulk-power system” applies in that section

The terms “bulk-power system”, “Electric Reliability Organization”, and “regional entity” have the meanings given such terms in paragraphs (1), (2), and (7) of section 824 o (a) of this title, respectively. (2) Critical electric infrastructure

“critical electric infrastructure” applies in that section

The term “critical electric infrastructure” means a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of such matters. (3) Critical electric infrastructure information

“critical electric infrastructure information” applies in that section

The term “critical electric infrastructure information” means information related to critical electric infrastructure, or proposed critical electrical infrastructure, generated by or provided to the Commission or other Federal agency, other than classified national security information, that is designated as critical electric infrastructure information by the Commission or the Secretary pursuant to subsection (d). Such term includes information that qualifies as critical energy infrastructure information under the Commission’s regulations. (4) Defense critical electric infrastructure

“defense critical electric infrastructure” applies in that section

The term “defense critical electric infrastructure” means any electric infrastructure located in any of the 48 contiguous States or the District of Columbia that serves a facility designated by the Secretary pursuant to subsection (c), but is not owned or operated by the owner or operator of such facility. (5) Electromagnetic pulse

“Electric Reliability Organization” applies in that section

The terms “bulk-power system”, “Electric Reliability Organization”, and “regional entity” have the meanings given such terms in paragraphs (1), (2), and (7) of section 824 o (a) of this title, respectively. (2) Critical electric infrastructure

“electromagnetic pulse” applies in that section

The term “electromagnetic pulse” means 1 or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of, or destroying, electronic devices or communications networks, including hardware, software, and data, by means of such a pulse. (6) Geomagnetic storm

“geomagnetic storm” applies in that section

The term “geomagnetic storm” means a temporary disturbance of the Earth’s magnetic field resulting from solar activity. (7) Grid security emergency

“grid security emergency” applies in that section

The term “grid security emergency” means the occurrence or imminent danger of— (A) (i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure; and (ii) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure, as a result of such act or event; or (B) (i) a direct …

“regional entity” applies in that section

The terms “bulk-power system”, “Electric Reliability Organization”, and “regional entity” have the meanings given such terms in paragraphs (1), (2), and (7) of section 824 o (a) of this title, respectively. (2) Critical electric infrastructure

“Secretary” applies in that section

The term “Secretary” means the Secretary of Energy. (b) Authority to address grid security emergency (1) Authority Whenever the President issues and provides to the Secretary a written directive or determination identifying a grid security emergency, the Secretary may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the Secretary to protect or restore the reliability of critical electric infrastructure or of defense critical electric infrastructure during such emergency.

“Federal authorization” applies in that section

The term “Federal authorization” means any authorization required under Federal law in order to site a transmission facility.;

“distribution utility” applies in that section

The term “distribution utility” means an electric utility that has a service obligation to end-users or to a State utility or electric cooperative that, directly or indirectly, through one or more additional State utilities or electric cooperatives, provides electric service to end-users.;

“load-serving entity” applies in that section

The term “load-serving entity” means a distribution utility or an electric utility that has a service obligation.;

“service obligation” applies in that section

The term “service obligation” means a requirement applicable to, or the exercise of authority granted to, an electric utility under Federal, State, or local law or under long-term contracts to provide electric service to end-users or to a distribution utility.;

“State utility” applies in that section

The term “State utility” means a State or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or a corporation that is wholly owned, directly or indirectly, by any one or more of the foregoing, competent to carry on the business of developing, transmitting, utilizing, or distributing power.

“electric utility or person” applies in that section

the term “electric utility or person” means an electric utility or person that— (1) as of August 8, 2005 , holds firm transmission rights pursuant to contract or by reason of ownership of transmission facilities; and (2) is located— (A) in the Pacific Northwest, as that region is defined in section 839a of this title ; or (B) in that portion of a State included in the geographic area proposed for a regional transmission organization in Commission Docket Number RT01–35 on the date on which that docket was opened.

“advanced cybersecurity technology” applies in that section

The term “advanced cybersecurity technology” means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 650 of title 6 ). (2) Advanced cybersecurity technology information

“advanced cybersecurity technology information” applies in that section

The term “advanced cybersecurity technology information” means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency.

“holding company” applies in that section

The terms “holding company”, “registered holding company”, and “holding company system” have the same meaning as when used in the Public Utility Holding Company Act of 1935. 1

“holding company system” applies in that section

The terms “holding company”, “registered holding company”, and “holding company system” have the same meaning as when used in the Public Utility Holding Company Act of 1935. 1

“public utility” applies in that section

The term “public utility” includes any company which is a part of a holding company system which includes a registered holding company, unless no company in such system is an electric utility.;