r/title-16-CONSERVATION wiki — defined terms
The statute’s own glossary: every term Title 16 defines, in section order.
“recreational fishing” applies throughout its chapter
The term “recreational fishing” means fishing for sport or pleasure.;
“regional fishery association” applies throughout its chapter
The term “regional fishery association” means an association formed for the mutual benefit of members— (A) to meet social and economic needs in a region or subregion; and (B) comprised of persons engaging in the harvest or processing of fishery resources in that specific region or subregion or who otherwise own or operate businesses substantially dependent upon a fishery.;
“regulatory discards” applies throughout its chapter
The term “regulatory discards” means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce or his designee.;
“special areas” applies throughout its chapter
The term “special areas” means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990 . In particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.;
“State” applies throughout its chapter
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. (41) 1
“stock of fish” applies throughout its chapter
The term “stock of fish” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.;
“treaty” applies throughout its chapter
The term “treaty” means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.;
“tuna species” applies throughout its chapter
The term “tuna species” means the following: Albacore Tuna—Thunnus alalunga; Bigeye Tuna—Thunnus obesus; Bluefin Tuna—Thunnus thynnus; Skipjack Tuna—Katsuwonus pelamis; and Yellowfin Tuna—Thunnus albacares. (45) The term “United States”, when used in a geographical context, means all the States thereof.;
“United States fish processors” applies throughout its chapter
The term “United States fish processors” means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption.;
“United States harvested fish” applies throughout its chapter
The term “United States harvested fish” means fish caught, taken, or harvested by vessels of the United States within any fishery regulated under this chapter.;
“vessel of the United States” applies throughout its chapter
The term “vessel of the United States” means— (A) any vessel documented under chapter 121 of title 46; (B) any vessel numbered in accordance with chapter 123 of title 46 and measuring less than 5 net tons; (C) any vessel numbered in accordance with chapter 123 of title 46 and used exclusively for pleasure; or (D) any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.;
“vessel subject to the jurisdiction of the United States” applies throughout its chapter
The term “vessel subject to the jurisdiction of the United States” has the same meaning such term has in section 70502(c) of title 46 .;
“waters of a foreign nation” applies throughout its chapter
The term “waters of a foreign nation” means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.
“certification” applies in that section
The term “certification” means a certification made by the Secretary that nationals of a foreign country, directly or indirectly, are conducting fishing operations or engaging in trade or taking which diminishes the effectiveness of the International Convention for the Regulation of Whaling. A certification under this section shall also be deemed a certification for the purposes of section 1978(a) of title 22 .;
“remedial period” applies in that section
The term “remedial period” means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country. (B) If the Secretary issues a certification with respect to any foreign country, then each allocation under paragraph (1) that— (i) is in effect for that foreign country on the date of issuance; or (ii) is not in effect on such date but would, without regard to this paragraph, be made to the foreign country within the remedial period; shall be reduced by the Secretary of State, in consultation with the Secretary, by not less than 50 percent.
“fish” applies in that section
The term “fish” includes any highly migratory species.;
“fish products” applies in that section
The term “fish products” means any article which is produced from or composed of (in whole or in part) any fish.
“living marine resources” applies in that section
the term “living marine resources” includes fish, marine mammals, sea turtles, and seabirds and other waterfowl. (i) 1 Fishing gear transition program (1) In general During the 5-year period beginning on December 29, 2022 , the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.
“fish and fish products” applies in that section
The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by fishing vessels of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof. (2) Large-scale driftnet fishing (A) In general Except as provided in subparagraph (B),
“large-scale driftnet fishing” applies in that section
the term “large-scale driftnet fishing” means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
“large-scale driftnet fishing vessel” applies in that section
The term “large-scale driftnet fishing vessel” means any vessel which is— (A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or (B) used for aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing, including preparation, supply, storage, refrigeration, transportation, or processing.
“illegal, unreported, or unregulated fishing” applies in that section
the term “illegal, unreported, or unregulated fishing” has the meaning established under paragraph (2). (2) Secretary to define term within legislative guidelines Within 3 months after January 12, 2007 , the Secretary shall publish a definition of the term “illegal, unreported, or unregulated fishing” for purposes of this Act.
“protected living marine resource” applies in that section
the term “protected living marine resource”— (1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including— (A) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq.); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (C) the Shark Finning Prohibition Act ( 16 U.S.C.
“Act of 1976” applies in that section
The term “Act of 1976” means the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.).;
“billfish” applies in that section
The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.;
“Secretary” applies in that section
The term “Secretary” means the Secretary of Commerce. (b) Observer program The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel— (1) is in waters that are within— (A) the fishery conservation zone established under section 101 of the Act of 1976 [ 16 U.S.C. 1811 ], 1 and (B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and (2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.
“billfish” applies in that section
the term “billfish”— (1) means any fish of the species— (A) Makaira nigricans (blue marlin); (B) Kajikia audax (striped marlin); (C) Istiompax indica (black marlin); (D) Istiophorus platypterus (sailfish); (E) Tetrapturus angustirostris (shortbill spearfish); (F) Kajikia albida (white marlin); (G) Tetrapturus georgii (roundscale spearfish); (H) Tetrapturus belone (Mediterranean spearfish); and (I) Tetrapturus pfluegeri (longbill spearfish); and (2) does not include the species Xiphias gladius (swordfish).
“affected individual” applies in that section
the term “affected individual” means an individual who— (i) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2); or (ii) is a voting member of a Council appointed— (I) under subsection (b)(2); or (II) under subsection (b)(5) who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government; and;
“designated official” applies in that section
the term “designated official” means a person with expertise in Federal conflict-of-interest requirements who is designated by the Secretary, in consultation with the Council, to attend Council meetings and make determinations under paragraph (7)(B).
“antitrust laws” applies throughout its chapter
the term “antitrust laws” has the meaning given such term in subsection (a) of section 12 of title 15 , except that such term includes section 45 of title 15 to the extent that such section 45 applies to unfair methods of competition.
“immediately” applies in that section
the term “immediately” means on or before the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, plan amendment, or proposed regulation that the Council characterizes as final. (b) Review of regulations (1) Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 1853(c) of this title , the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this chapter and other applicable law.
“community development plan” applies in that section
the term “community development plan” means a plan, prepared by an entity referred to in subparagraph (D), for the program that describes how the entity intends— (i) to harvest its share of fishery resources allocated to the program, or (ii) to use its share of fishery resources allocated to the program, and any revenue derived from such use, to assist its member villages with projects to advance economic development, but does not include a plan that allocates fishery resources to the program.
“fish processing” applies in that section
The term “fish processing” includes, in addition to processing, the performance of any other activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, or transportation. (B) The phrase “internal waters of a State” means all waters within the boundaries of a State except those seaward of the baseline from which the territorial sea is measured.
“provisions of this chapter” applies in that section
The term “provisions of this chapter” includes (A) any regulation or permit issued pursuant to this chapter, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 1821(b) or (c) of this title, or section 1824(d) of this title , with respect to fishing subject to the exclusive fishery management authority of the United States.;
“violation of any provision of this chapter” applies in that section
The term “violation of any provision of this chapter” includes (A) the commission of any act prohibited by section 1857 of this title , and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1).
“12-month revenue loss” applies in that section
The term “12-month revenue loss” means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected fishery for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories. (G) Undetermined cause
“allowable cause” applies in that section
The term “allowable cause” means a natural cause, discrete anthropogenic cause, or undetermined cause, including a cause that occurred not more than 5 years prior to the date of a request for a fishery resource disaster determination that affected such applicable fishery. (B) Anthropogenic cause
“anthropogenic cause” applies in that section
The term “anthropogenic cause” means an anthropogenic event, such as an oil spill or spillway opening— (i) that could not have been addressed or prevented by fishery management measures; and (ii) that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats. (C) Fishery resource disaster
“fishery resource disaster” applies in that section
The term “fishery resource disaster” means a disaster that is determined by the Secretary in accordance with this subsection and— (i) is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue loss or negative subsistence impact due to an allowable cause; and (ii) does not include— (I) reasonably predictable, foreseeable, and recurrent fishery cyclical variations in species distribution or stock abundance; or (II) reductions in fishing opportunities resulting from conservation and management …
“Indian Tribe” applies in that section
The term “Indian Tribe” has the meaning given such term in section 5130 of title 25 , and
“natural cause” applies in that section
The term “natural cause”— (i) means a weather, climatic, hazard, or biology-related event, such as— (I) a hurricane; (II) a flood; (III) a harmful algal bloom; (IV) a tsunami; (V) a hypoxic zone; (VI) a drought; (VII) El Niño effects on water temperature; (VIII) a marine heat wave; or (IX) disease; and (ii) does not mean a normal or cyclical variation in a species distribution or stock abundance. (F) 12-month revenue loss
“Tribal” applies in that section
the term “Tribal” means of or pertaining to such an Indian tribe. (E) Natural cause
“undetermined cause” applies in that section
The term “undetermined cause” means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster. (2) General authority (A) In general The Secretary shall have the authority to determine the existence, extent, and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection.
“underutilized species of the northwest Atlantic Ocean” applies in that section
the term “underutilized species of the northwest Atlantic Ocean” means any fish species of the northwest Atlantic Ocean that is identified, by the Director of the Northeast Fisheries Center of the National Marine Fisheries Service, as an underutilized species.
“descending device” applies in that section
The term “descending device” means an instrument that— (A) will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma; (B) is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and (C) is capable of— (i) releasing the fish automatically; (ii) releasing the fish by actions of the operator of the device; or (iii) allowing the fish to escape on its own. (2) Venting tool
“Gulf reef fish” applies in that section
The term “Gulf reef fish” means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.
“venting tool” applies in that section
The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council. (3) Gulf reef fish
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Agriculture.;
“soil and water conservation program” applies throughout its chapter
The term “soil and water conservation program” means a set of guidelines for attaining the purposes of this chapter.
“soil, water, and related resources” applies throughout its chapter
The term “soil, water, and related resources” means those resources which come within the scope of the programs administered and participated in by the Secretary of Agriculture.;
“nonindustrial private forest lands” applies in that section
the term “nonindustrial private forest lands” means rural, as determined by the Secretary, lands with existing tree cover, or suitable for growing trees, and owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.
“conservation easement” applies in that section
the term “conservation easement” includes an easement utilizing a reserved interest deed where the grantee acquires all rights, title, and interests in a property, except those rights, title, and interests that may run with the land that are expressly reserved by a grantor.
“eligible entity” applies in that section
The term “eligible entity” means a local governmental entity, Indian tribe, or nonprofit organization that owns or acquires a parcel under the program. (2) Indian tribe
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (3) Local governmental entity
“local governmental entity” applies in that section
The term “local governmental entity” includes any municipal government, county government, or other local government body with jurisdiction over local land use decisions. (4) Nonprofit organization
“nonprofit organization” applies in that section
The term “nonprofit organization” means any organization that— (A) is described in section 170(h)(3) of title 26 ; and (B) operates in accordance with 1 or more of the purposes specified in section 170(h)(4)(A) of title 26 . (5) Program
“Program” applies in that section
The term “Program” means the community forest and open space conservation program established under subsection (b). (6) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Establishment The Secretary shall establish a program, to be known as the “community forest and open space conservation program”.
“authorized equipment” applies in that section
The term “authorized equipment” means any equipment necessary for the management of forest land. (B) Inclusions
“Fund” applies in that section
The term “Fund” means the Pest and Disease Revolving Loan Fund established by subsection (b). (3) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Agriculture, acting through the Deputy Chief of the State and Private Forestry organization. (b) Establishment of Fund There is established in the Treasury of the United States a revolving fund, to be known as the “Pest and Disease Revolving Loan Fund”, consisting of such amounts as are appropriated to the Fund under subsection (f). (c) Expenditures from Fund (1) In general Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (e).
“Council” applies in that section
the term “Council” means the National Urban and Community Forestry Advisory Council established under subsection (g);
“plan” applies in that section
the term “plan” means the National Urban and Community Forestry Action Plan developed under subsection (g)(3); and;
“urban and community area” applies in that section
the term “urban and community area” includes cities, their suburbs, and towns. (i) Authorization of appropriations There are hereby authorized to be appropriated $30,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be necessary for each fiscal year thereafter, for the implementation of this section.
“mobilization” applies in that section
the term “mobilization” means any activity in which one firefighting organization assists another that has requested assistance.
“rural volunteer fire department” applies in that section
the term “rural volunteer fire department” means any organized, not for profit, fire protection organization that provides service primarily to a community or city with a population of 10,000 or less or to a rural area, as defined by the Secretary, whose firefighting personnel is 80 percent or more volunteer, and that is recognized as a fire department by the laws of the State; and;
“damaging weather” applies in that section
the term “damaging weather” includes drought, hail, excessive moisture, freeze, tornado, hurricane, excessive wind, or any combination thereof;
“eligible landowner” applies in that section
the term “eligible landowner” means a person who— (A) produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees; (B) owns 1,000 acres or less of private forest land; or (C) owns more than 1,000 acres but less than 5,000 acres of private forest land if the Secretary, in the Secretary’s discretion, determines the person eligible;
“qualifying gross revenues” applies in that section
the term “qualifying gross revenues” means— (A) if a majority of the person’s annual income is received from farming, ranching, and forestry operations, the gross revenue from the person’s farming, ranching, and forestry operations; and (B) if less than a majority of the person’s annual income is received from farming, ranching, and forestry operations, the person’s gross revenue from all sources;
“reestablish” applies in that section
the term “reestablish” includes site preparation, reforestation of a damaged stand, and timber stand improvement practices, including thinning, prescribed burning, and other practices approved by the Secretary for reforestation;
“related condition” applies in that section
the term “related condition” includes insect infestations, disease, or other deterioration of a tree stand that is accelerated or exacerbated by damaging weather;
“Secretary” applies in that section
the term “Secretary” means the Secretary of Agriculture; and;
“wildfire” applies in that section
the term “wildfire” means any forest or range fire. (e) Retroactive assistance The Secretary shall use funds provided under this section to reimburse landowners for approved reforestation practices that were implemented before November 28, 1990 . The Secretary shall not make reimbursements for reforestation practices that were implemented prior to September 1, 1989 .
“forest resources” applies throughout its chapter
The term “forest resources” shall include esthetics, fish and wildlife, forage, outdoor recreation opportunities, timber, and water; and;
“non-Federal forest land” applies throughout its chapter
the term “non-Federal forest land” shall mean any forest land and related renewable natural resources in such countries. In providing the assistance authorized under this subsection, the Secretary shall coordinate with other Federal officials, departments, agencies, or international organizations, as the President may direct. The references to “State foresters or equivalent State officials” in this chapter shall not apply to the assistance provided by the Secretary to other countries under this subsection.
“State” applies throughout its chapter
The terms “United States” and “State” shall include each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States;
“United States” applies throughout its chapter
The terms “United States” and “State” shall include each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States;
“urban forestry” applies throughout its chapter
The term “urban forestry” means the planning, establishment, protection, and management of trees and associated plants, individually, in small groups, or under forest conditions within cities, their suburbs, and towns. (e) Rules and regulations The Secretary may prescribe rules and regulations, as the Secretary deems appropriate, to implement the provisions of this chapter. (f) Granting, etc., authorities The Secretary is authorized to make grants, agreements, contracts, and other arrangements the Secretary deems necessary to implement this chapter.
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (2) Nonindustrial private forest land
“nonindustrial private forest land” applies in that section
The term “nonindustrial private forest land” means land that— (A) is rural, as determined by the Secretary; (B) has existing tree cover or is suitable for growing trees; and (C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity. (3) State forest land
“State forest land” applies in that section
The term “State forest land” means land that— (A) is rural, as determined by the Secretary; and (B) is under State or local governmental ownership and considered to be non-Federal forest land. (c) Establishment The Secretary, in consultation with State foresters or appropriate State agencies, shall establish a competitive grant program to provide financial and technical assistance to encourage collaborative, science-based restoration of priority forest landscapes.
“authorized restoration services” applies in that section
The term “authorized restoration services” means similar and complementary forest, rangeland, and watershed restoration services carried out— (A) on Federal land, non-Federal land, and land owned by an Indian tribe; and (B) by either the Secretary or a Governor or county, as applicable, pursuant to a good neighbor agreement. (2) County
“county” applies in that section
The term “county” means— (A) the appropriate executive official of an affected county; or (B) in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties. (3) Federal land (A) In general
“Federal land” applies in that section
The term “Federal land” means land that is— (i) National Forest System land; or (ii) public land (as defined in section 1702 of title 43 ); or (iii) National Park System land; or (iv) National Wildlife Refuge Land. (B) Exclusions The term “Federal land” does not include— (i) a component of the National Wilderness Preservation System; (ii) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan); or (iii) a wilderness study area. (4) Forest, rangeland, and watershed restoration services (A) In general
“forest, rangeland, and watershed restoration services” applies in that section
The term “forest, rangeland, and watershed restoration services” means— (i) activities to treat insect- and disease-infected trees; (ii) activities to reduce hazardous fuels; and (iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
“good neighbor agreement” applies in that section
The term “good neighbor agreement” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor or county, as applicable, to carry out authorized restoration services under this section. (6) Governor
“Governor” applies in that section
The term “Governor” means the Governor or any other appropriate executive official of an affected State or Indian tribe or the Commonwealth of Puerto Rico. (7) Indian tribe
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (8) National Forest System road
“National Forest System road” applies in that section
The term “National Forest System road” has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on March 23, 2018 ). (9) Road
“road” applies in that section
The term “road” has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on February 7, 2014 ). (10) Secretary
“Secretary” applies in that section
The term “Secretary” means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to Bureau of Land Management land. (b) Good neighbor agreements (1) Good neighbor agreements (A) In general The Secretary may enter into a good neighbor agreement with a Governor or county to carry out authorized restoration services in accordance with this section. (B) Public availability The Secretary shall make each good neighbor agreement available to the public. (2) Timber sales (A) In general Subsections (d) and (g) of section 472a of this title shall not apply to services performed under a good neighbor agreement.
“emergency measures” applies in that section
The term “emergency measures” means those measures that— (A) are necessary to address damage caused by a natural disaster to natural resources on nonindustrial private forest land, and the damage, if not treated— (i) would impair or endanger the natural resources on the land; and (ii) would materially affect future use of the land; and (B) would restore forest health and forest-related resources on the land. (2) Natural disaster
“natural disaster” applies in that section
The term “natural disaster” includes wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government), hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as determined by the Secretary. (3) Nonindustrial private forest land
“nonindustrial private forest land” applies in that section
The term “nonindustrial private forest land” means rural land, as determined by the Secretary, that— (A) has existing tree cover (or had tree cover immediately before the natural disaster and is suitable for growing trees); and (B) is owned by any nonindustrial private individual, group, association, corporation, or other private legal entity, that has definitive decision-making authority over the land. (b) Availability of assistance The Secretary may make payments to an owner of nonindustrial private forest land who carries out emergency measures to restore the land after the land is damaged by a natural disaster.
“Administrator” applies throughout its chapter
the term “Administrator” means the Administrator of the Environmental Protection Agency;
“Antarctic Specially Protected Area” applies throughout its chapter
the term “Antarctic Specially Protected Area” means an area identified as such pursuant to Annex V to the Protocol;
“Antarctica” applies throughout its chapter
the term “Antarctica” means the area south of 60 degrees south latitude;
“Director” applies throughout its chapter
the term “Director” means the Director of the National Science Foundation;
“harmful interference” applies throughout its chapter
the term “harmful interference” means— (A) flying or landing helicopters or other aircraft in a manner that disturbs concentrations of birds or seals; (B) using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of birds or seals; (C) using explosives or firearms in a manner that disturbs concentrations of birds or seals; (D) willfully disturbing breeding or molting birds or concentrations of birds or seals by persons on foot; (E) significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and (F) any activity that results in the significant adverse …
“historic site or monument” applies throughout its chapter
the term “historic site or monument” means any site or monument listed as an historic site or monument pursuant to Annex V to the Protocol;
“impact” applies throughout its chapter
the term “impact” means impact on the Antarctic environment and dependent and associated ecosystems;
“import” applies throughout its chapter
the term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into or introduce into, any place subject to the jurisdiction of the United States, including the 12-mile territorial sea of the United States, whether or not such act constitutes an importation within the meaning of the customs laws of the United States;
“native bird” applies throughout its chapter
the term “native bird” means any member, at any stage of its life cycle (including eggs), of any species of the class Aves which is indigenous to Antarctica or occurs there seasonally through natural migrations, and includes any part of such member;
“native invertebrate” applies throughout its chapter
the term “native invertebrate” means any terrestrial or freshwater invertebrate, at any stage of its life cycle, which is indigenous to Antarctica, and includes any part of such invertebrate;
“native mammal” applies throughout its chapter
the term “native mammal” means any member, at any stage of its life cycle, of any species of the class Mammalia, which is indigenous to Antarctica or occurs there seasonally through natural migrations, and includes any part of such member;
“native plant” applies throughout its chapter
the term “native plant” means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi, and algae, at any stage of its life cycle (including seeds and other propagules), which is indigenous to Antarctica, and includes any part of such vegetation;
“non-native species” applies throughout its chapter
the term “non-native species” means any species of animal or plant which is not indigenous to Antarctica and does not occur there seasonally through natural migrations;
“person” applies throughout its chapter
the term “person” has the meaning given that term in section 1 of title 1 and includes any person subject to the jurisdiction of the United States and any department, agency, or other instrumentality of the Federal Government or of any State or local government;
“prohibited product” applies throughout its chapter
the term “prohibited product” means any substance banned from introduction onto land or ice shelves or into water in Antarctica pursuant to Annex III to the Protocol;
“prohibited waste” applies throughout its chapter
the term “prohibited waste” means any substance which must be removed from Antarctica pursuant to Annex III to the Protocol, but does not include materials used for balloon envelopes required for scientific research and weather forecasting;
“Protocol” applies throughout its chapter
the term “Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991 , in Madrid, and all annexes thereto, including any future amendments thereto to which the United States is a party;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Commerce;
“Specially Protected Species” applies throughout its chapter
the term “Specially Protected Species” means any native species designated as a Specially Protected Species pursuant to Annex II to the Protocol;
“take” applies throughout its chapter
the term “take” means to kill, injure, capture, handle, or molest a native mammal or bird, or to remove or damage such quantities of native plants that their local distribution or abundance would be significantly affected;
“Treaty” applies throughout its chapter
the term “Treaty” means the Antarctic Treaty signed in Washington, DC, on December 1, 1959 ;
“United States” applies throughout its chapter
the term “United States” means the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and;
“vessel subject to the jurisdiction of the United States” applies throughout its chapter
the term “vessel subject to the jurisdiction of the United States” includes any “vessel of the United States” and any “vessel subject to the jurisdiction of the United States” as those terms are defined in section 2432 of this title .
“Antarctic joint activity” applies in that section
the term “Antarctic joint activity” means any Federal activity in Antarctica which is proposed to be conducted, or which is conducted, jointly or in cooperation with one or more foreign governments. Such term shall be defined in regulations promulgated by such agencies as the President may designate.
“Federal activity” applies in that section
the term “Federal activity” includes all activities conducted under a Federal agency research program in Antarctica, whether or not conducted by a Federal agency. (b) Federal activities carried out jointly with foreign governments (1) For the purposes of this subsection,
“United States citizen” applies in that section
the term “United States citizen” shall include any foreign person who organizes within the United States any expedition which will proceed to Antarctica from the United States.
“Antarctic Convergence” applies throughout its chapter
The term “Antarctic Convergence” means a line joining the following points along the parallels of latitude and meridians of longitude: 50 degrees south, 0 degrees; 50 degrees south, 30 degrees east; 45 degrees south, 30 degrees east; 45 degrees south, 80 degrees east; 55 degrees south, 80 degrees east; 55 degrees south, 150 degrees east; 60 degrees south, 150 degrees east; 60 degrees south; 1 50 degrees west; 50 degrees south, 50 degrees west; and 50 degrees south, 0 degrees. (2) Antarctic marine living resources
“Antarctic marine living resources” applies throughout its chapter
The term “Antarctic marine living resources” means the population of finfish, molluscs, crustaceans and all other species of living organisms, including birds, found south of the Antarctic Convergence. (3) Commission
“Commission” applies throughout its chapter
The term “Commission” means the Commission for the Conservation of Antarctic Marine Living Resources established pursuant to article VII of the Convention. (4) Convention
“Convention” applies throughout its chapter
The term “Convention” means the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980 , and entered into force with respect to the United States on April 7, 1982 . (5) Harvesting or other associated activities
“harvest” applies throughout its chapter
The term “harvest” means to engage in harvesting or other associated activities. (7) Import
“harvesting” applies throughout its chapter
The terms “harvesting” and “harvesting or other associated activities” mean— (A) the harassing, molesting, harming, pursuing, hunting, shooting, wounding, killing, trapping, or capturing of Antarctic marine living resources; (B) attempting to engage in any activity set forth in subparagraph (A); (C) any other activity which can reasonably be expected to result in any activity described in subparagraph (A); and (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). (6) Harvest
“harvesting or other associated activities” applies throughout its chapter
The terms “harvesting” and “harvesting or other associated activities” mean— (A) the harassing, molesting, harming, pursuing, hunting, shooting, wounding, killing, trapping, or capturing of Antarctic marine living resources; (B) attempting to engage in any activity set forth in subparagraph (A); (C) any other activity which can reasonably be expected to result in any activity described in subparagraph (A); and (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). (6) Harvest
“import” applies throughout its chapter
The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing constitutes an importation within the meaning of the customs laws of the United States. (8) Person
“person” applies throughout its chapter
The term “person” means an individual, partnership, corporation, trust, association, and any other entity subject to the jurisdiction of the United States. (9) Scientific Committee
“Scientific Committee” applies throughout its chapter
The term “Scientific Committee” means the Scientific Committee for the Conservation of Antarctic Marine Living Resources established pursuant to article XIV of the Convention. (10) Vessel of the United States
“vessel of the United States” applies throughout its chapter
The term “vessel of the United States” means— (A) a vessel documented under chapter 121 of title 46 or a vessel numbered as provided in chapter 123 of that title; (B) a vessel owned in whole or in part by— (i) the United States or a territory, commonwealth, or possession of the United States; (ii) a State or political subdivision thereof; (iii) a citizen or national of the United States; or (iv) a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with Article 5 of the 1958 Convention on the High …
“vessel subject to the jurisdiction of the United States” applies throughout its chapter
The term “vessel subject to the jurisdiction of the United States” includes a vessel without nationality or a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of Article 6 of the 1958 Convention on the High Seas.
“Antarctic mineral resource activity” applies throughout its chapter
The term “Antarctic mineral resource activity” means prospecting, exploration, or development in Antarctica of mineral resources, but does not include scientific research within the meaning of article III of the Antarctic Treaty, done at Washington on December 1, 1959 .;
“Antarctica” applies throughout its chapter
The term “Antarctica” means the area south of the Antarctic Convergence as defined in section 2432(1) of this title .;
“development” applies throughout its chapter
The term “development” means any activity, including logistic support, which takes place following exploration, the purpose of which is the exploitation of specific mineral resource deposits, including processing, storage, and transport activities.;
“exploration” applies throughout its chapter
The term “exploration” means any activity, including logistic support, the purpose of which is the identification or evaluation of specific mineral resource deposits. The term includes exploratory drilling, dredging, and other surface or subsurface excavations required to determine the nature and size of mineral resource deposits and the feasibility of their development.;
“mineral resources” applies throughout its chapter
The term “mineral resources” means all nonliving natural nonrenewable resources, including fossil fuels, minerals, whether metallic or nonmetallic, but does not include ice, water, or snow.;
“person” applies throughout its chapter
The term “person” means any individual, corporation, partnership, trust, association, or any other entity existing or organized under the laws of the United States, or any officer, employee, agent, department, or other instrumentality of the Federal Government or of any State or political subdivision thereof.;
“prospecting” applies throughout its chapter
The term “prospecting” means any activity, including logistic support, the purpose of which is the identification of mineral resource potential for possible exploration and development.;
“Under Secretary” applies throughout its chapter
The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere.
“antitrust laws” applies in that section
The term “antitrust laws” includes the Sherman Antitrust Act ( 15 U.S.C. 1 and following), the Clayton Act ( 15 U.S.C. 12 and following), the Federal Trade Commission Act ( 15 U.S.C. 14 [41] and following), the Wilson Tariff Act ( 15 U.S.C. 8 and 9), and the Act of June 19, 1936 , chapter 592 ( 15 U.S.C. 13 , 13a, 13b, and 21A).;
“class” applies in that section
The term “class” means, with respect to electric consumers, any group of such consumers who have similar characteristics of electric energy use.;
“Commission” applies in that section
The term “Commission” means the Federal Energy Regulatory Commission.;
“demand side management” applies in that section
The term “demand side management” includes load management techniques.
“electric consumer” applies in that section
The term “electric consumer” means any person, State agency, or Federal agency, to which electric energy is sold other than for purposes of resale.;
“electric utility” applies in that section
The term “electric utility” means any person, State agency, or Federal agency, which sells electric energy.;
“evidentiary hearing” applies in that section
The term “evidentiary hearing” means— (A) in the case of a State agency, a proceeding which (i) is open to the public, (ii) includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a written record of the proceeding, and (iv) is subject to judicial review; (B) in the case of a Federal agency, a proceeding conducted as provided in sections 554, 556, and 557 of title 5; and (C) in the case of a proceeding conducted by any entity other than a State or Federal agency, a proceeding which conforms, to the extent appropriate, with the …
“Federal agency” applies in that section
The term “Federal agency” means an executive agency (as defined in section 105 of title 5 ).;
“integrated resource planning” applies in that section
The term “integrated resource planning” means, in the case of an electric utility, a planning and selection process for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and efficiency, cogeneration and district heating and cooling applications, and renewable energy resources, in order to provide adequate and reliable service to its electric customers at the lowest system cost.