r/title-16-CONSERVATION wiki — defined terms

“load management technique” applies in that section

The term “load management technique” means any technique (other than a time-of-day or seasonal rate) to reduce the maximum kilowatt demand on the electric utility, including ripple or radio control mechanisms, and other types of interruptible electric service, energy storage devices, and load-limiting devices.;

“nonregulated electric utility” applies in that section

The term “nonregulated electric utility” means any electric utility other than a State regulated electric utility.;

“rate” applies in that section

The term “rate” means (A) any price, rate, charge, or classification made, demanded, observed, or received with respect to sale of electric energy by an electric utility to an electric consumer, (B) any rule, regulation, or practice respecting any such rate, charge, or classification, and (C) any contract pertaining to the sale of electric energy to an electric consumer.;

“rate schedule” applies in that section

The term “rate schedule” means the designation of the rates which an electric utility charges for electric energy. (13) The term “sale” when used with respect to electric energy includes any exchange of electric energy.;

“ratemaking authority” applies in that section

The term “ratemaking authority” means authority to fix, modify, approve, or disapprove rates.;

“Secretary” applies in that section

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

“State” applies in that section

The term “State” means a State, the District of Columbia, and Puerto Rico.;

“State agency” applies in that section

The term “State agency” means a State, political subdivision thereof, and any agency or instrumentality of either.;

“State regulated electric utility” applies in that section

The term “State regulated electric utility” means any electric utility with respect to which a State regulatory authority has ratemaking authority.;

“State regulatory authority” applies in that section

The term “State regulatory authority” means any State agency which has ratemaking authority with respect to the sale of electric energy by any electric utility (other than such State agency), and in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority, such term means the Tennessee Valley Authority.;

“system cost” applies in that section

The term “system cost” means all direct and quantifiable net costs for an energy resource over its available life, including the cost of production, distribution, transportation, utilization, waste management, and environmental compliance.;

“interconnection service” applies in that section

the term “interconnection service” means service to an electric consumer under which an on-site generating facility on the consumer’s premises shall be connected to the local distribution facilities. Interconnection services shall be offered based upon the standards developed by the Institute of Electrical and Electronics Engineers: IEEE Standard 1547 for Interconnecting Distributed Resources with Electric Power Systems, as they may be amended from time to time.

“net metering service” applies in that section

the term “net metering service” means service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. (12) Fuel sources Each electric utility shall develop a plan to minimize dependence on 1 fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies, including renewable technologies.

“advertising” applies in that section

The term “advertising” means the commercial use, by an electric utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility’s electric consumers.;

“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 an interim rate which takes effect subject to a later determination of the appropriate amount of the rate.

“political advertising” applies in that section

The term “political advertising” means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.;

“promotional advertising” applies in that section

The term “promotional advertising” means any advertising for the purpose of encouraging any person to select or use the service or additional service of an electric utility or the selection or installation of any appliance or equipment designed to use such utility’s service.

“aquaculture” applies throughout its chapter

The term “aquaculture” means the propagation and rearing of aquatic species in controlled or selected environments, including, but not limited to, ocean ranching (except private ocean ranching of Pacific salmon for profit in those States where such ranching is prohibited by law).;

“aquaculture facility” applies throughout its chapter

The term “aquaculture facility” means any land, structure, or other appurtenance that is used for aquaculture and is located in any State. Such term includes, but is not limited to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture.;

“aquatic species” applies throughout its chapter

The term “aquatic species” means any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant.;

“coordinating group” applies throughout its chapter

The term “coordinating group” means the interagency aquaculture coordinating group established by section 2805 of this title .;

“person” applies throughout its chapter

The term “person” means any individual who is a citizen or national of the United States or of any State, any Indian tribe, any institution of higher education, and any corporation, partnership, association or other entity (including, but not limited to, any community development corporation, producer cooperative, or fishermen’s cooperative) organized or existing under the laws of any State.;

“Plan” applies throughout its chapter

The term “Plan” means the National Aquaculture Development Plan required to be established under section 2803 of this title .;

“Secretaries” applies throughout its chapter

The term “Secretaries” means the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior.;

“Secretary” applies throughout its chapter

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

“State” applies throughout its chapter

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

“approved conservation plan” applies throughout its chapter

The term “approved conservation plan” means the conservation plan of a State approved by the Secretary pursuant to section 2904(a) of this title .;

“conservation” applies throughout its chapter

The terms “conserve”, “conserving”, and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the ecological, educational, esthetic, cultural, recreational, and scientific enrichment of the public.

“conservation plan” applies throughout its chapter

The term “conservation plan” means a plan developed by a State for the conservation of fish and wildlife which meets the requirements set forth in section 2903 of this title .;

“conserve” applies throughout its chapter

The terms “conserve”, “conserving”, and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the ecological, educational, esthetic, cultural, recreational, and scientific enrichment of the public.

“conserving” applies throughout its chapter

The terms “conserve”, “conserving”, and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the ecological, educational, esthetic, cultural, recreational, and scientific enrichment of the public.

“designated State agency” applies throughout its chapter

The term “designated State agency” means the commission, department, division, or other agency of a State which has primary legal authority for the conservation of fish and wildlife. If any State has placed such authority in more than one agency, such term means each such agency acting with respect to its assigned responsibilities but such agencies, for purposes of this chapter, shall submit a single conservation plan.;

“fish and wildlife” applies throughout its chapter

The term “fish and wildlife” means wild vertebrate animals that are in an unconfined state, including, but not limited to, nongame fish and wildlife.;

“nongame fish and wildlife” applies throughout its chapter

The term “nongame fish and wildlife” means wild vertebrate animals that are in an unconfined state and that— (A) are not ordinarily taken for sport, fur, or food, except that if under applicable State law, any of such animals may be taken for sport, fur, or food in some, but not all, areas of the State, any of such animals within any area of the State in which such taking is not permitted may be deemed to be nongame fish and wildlife; (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531–154 3); and (C) are not marine mammals within the meaning of section 1362(5) 1 of this title.

“Secretary” applies throughout its chapter

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

“State” applies throughout its chapter

The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

“Alaska Native” applies in that section

The term “Alaska Native” or “Native” has the same meaning as the term “Native” has in section 3(b) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1602(b) ].;

“Alaska Native Claims Settlement Act” applies in that section

The term “Alaska Native Claims Settlement Act” means “An Act to provide for the settlement of certain land claims of Alaska Natives, and for other purposes”, approved December 18, 1971 ( 85 Stat. 688 ), as amended [ 43 U.S.C. 1601 et seq.].;

“Alaska Statehood Act” applies in that section

The term “Alaska Statehood Act” means the Act entitled “An Act to provide for the admission of the State of Alaska into the Union”, approved July 7, 1958 ( 72 Stat. 339 ), as amended.;

“conservation system unit” applies in that section

The term “conservation system unit” means any unit in Alaska of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails System, National Wilderness Preservation System, or a National Forest Monument including existing units, units established, designated, or expanded by or under the provisions of this Act, additions to such units, and any such unit established, designated, or expanded hereafter.;

“Federal land” applies in that section

The term “Federal land” means lands the title to which is in the United States after December 2, 1980 .;

“fish and wildlife” applies in that section

The term “fish and wildlife” means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or part thereof. (18) The term “take” or “taking” as used with respect to fish or wildlife, means to pursue, hunt, shoot, trap, net capture, collect, kill, harm, or attempt to engage in any such conduct.

“land” applies in that section

The term “land” means lands, waters, and interests therein.;

“National Wilderness Preservation System” applies in that section

The terms “wilderness” and “National Wilderness Preservation System” have the same meaning as when used in the Wilderness Act ( 78 Stat. 890 ) [ 16 U.S.C. 1131 et seq.].;

“Native” applies in that section

The term “Alaska Native” or “Native” has the same meaning as the term “Native” has in section 3(b) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1602(b) ].;

“Native Corporation” applies in that section

The term “Native Corporation” means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Native Group.;

“Native Group” applies in that section

The term “Native Group” has the same meaning as such term has under sections 3(d) and 14(h)(2) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1602(d) and 1613(h)(2)].;

“Native land” applies in that section

The term “Native land” means land owned by a Native Corporation or any Native Group and includes land which, as of December 2, 1980 , had been selected under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.] by a Native Corporation or Native Group and had not been conveyed by the Secretary (except to the extent such selection is determined to be invalid or has been relinquished) and land referred to in section 19(b) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1618(b) ].;

“public lands” applies in that section

The term “public lands” means land situated in Alaska which, after December 2, 1980 , are Federal lands, except— (A) land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provision of Federal law; (B) land selections of a Native Corporation made under the Alaska Native Claims Settlement Act [ 43 U.S.C.

“Regional Corporation” applies in that section

The term “Regional Corporation” has the same meaning as such term has under section 3(g) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1602(g) ].;

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior, except that when such term is used with respect to any unit of the National Forest System, such term means the Secretary of Agriculture.;

“State” applies in that section

The term “State” means the state of Alaska.;

“Urban Corporation” applies in that section

The term “Urban Corporation” means those Native entities which have incorporated pursuant to section 14(h)(3) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1613(h)(3) ].;

“Village Corporation” applies in that section

The term “Village Corporation” has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1602(j) ].;

“wilderness” applies in that section

The terms “wilderness” and “National Wilderness Preservation System” have the same meaning as when used in the Wilderness Act ( 78 Stat. 890 ) [ 16 U.S.C. 1131 et seq.].;

“subsistence uses” applies in that section

the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade.

“coastal plain” applies in that section

The term “coastal plain” means that area identified as such in the map entitled “Arctic National Wildlife Refuge”, dated August 1980.;

“exploratory activity” applies in that section

The term “exploratory activity” means surface geological exploration or seismic exploration, or both, for oil and gas within the coastal plain. (c) Baseline study The Secretary, in consultation with the Governor of the State, Native Village and Regional Corporations, and the North Slope Borough within the study area and interested persons, shall conduct a continuing study of the fish and wildlife (with special emphasis on caribou, wolves, wolverines, grizzly bears, migratory waterfowl, musk oxen, and polar bears) of the coastal plain and their habitat.

“applicable law” applies throughout its subchapter

The term “applicable law” means any law of general applicability (other than this subchapter) under which any Federal department or agency has jurisdiction to grant any authorization (including but not limited to, any right-of-way, permit, license, lease, or certificate) without which a transportation or utility system cannot, in whole or in part, be established or operated.;

“applicant” applies throughout its subchapter

The term “applicant” means any public or private person, including, but not limited to, any Federal department or agency.;

“Federal agency” applies throughout its subchapter

The term “Federal agency” means any Federal department or agency that has any function or duty under applicable law. (4);

“transportation or utility system” applies throughout its subchapter

The term “transportation or utility system” means any type of system described in subparagraph (B) if any portion of the route of the system will be within any conservation system unit, national recreation area, or national conservation area in the State (and the system is not one that the department or agency having jurisdiction over the unit or area is establishing incident to its management of the unit or area). (B) The types of systems to which subparagraph (A) applies are as follows: (i) Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water.

“resolution” applies in that section

the term “resolution” means a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and Senate approve the application for under title XI of the Alaska National Interest Lands Conservation Act submitted by the President to the Congress on , 19 .”; the first blank space therein to be filled in with the appropriate transportation or utility system and the second blank therein to be filled with the date on which the President submits the application to the House of Representatives and the Senate. (5) Except as otherwise provided in this subsection, the provisions of section 719f(d) of title 15 shall apply to the consideration of the resolution.

“Governor” applies in that section

The term “Governor” means the Governor of the State of Alaska.;

“region” applies in that section

The term “region” means the land (other than any land within the National Park System) within the Bristol Bay Cooperative Region as generally depicted on the map entitled “Bristol Bay-Alaska Peninsula”, dated October 1979.

“improved property” applies in that section

the term “improved property” means— (1) a detached single family dwelling, the construction of which was begun before January 1, 1980 (hereinafter referred to as the “dwelling”), together with the land on which the dwelling is situated to the extent that such land— (A) is in the same ownership as the dwelling or is Federal land on which entry was legal and proper, and (B) is designated by the Secretary to be necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures necessary to the dwelling which are situated on the land so designated, or (2) property developed for noncommercial recreational uses, together with any …

“visitor service” applies in that section

the term “visitor service” means any service made available for a fee or charge to persons who visit a conservation system unit, including such services as providing food, accommodations, transportation, tours, and guides excepting the guiding of sport hunting and fishing. Nothing in this Act shall limit or affect the authority of the Federal Government or the State of Alaska to license and regulate transportation services.

“immediate family member” applies in that section

the term “immediate family member” means a person related to a deceased employee that was a member of the household of the deceased employee at the time of death. (2) Payments If an employee appointed under the program established by subsection (a) dies in the performance of any assigned duties on or after October 1, 2002 , the Secretary may— (A) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for the preparation and transportation of the remains of the deceased employee to a location in the State of Alaska which is selected by the surviving head of household of the deceased employee; (B) pay or reimburse reasonable expenses, regardless of when those …

“resolution” applies in that section

the term “resolution” means a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and Senate approve the recommendation of the President for in submitted to the Congress on 19 .”, the first blank space therein to be filled in with appropriate activity, the second blank space therein to be filled in with the name or description of the area of land affected by the activity, and the third blank space therein to be filled with the date on which the President submits his recommendation to the House of Representatives and the Senate.

“appropriate tribal coordinating body” applies throughout its chapter

The term “appropriate tribal coordinating body” means the Columbia River tribal coordinating body or the Washington tribal coordinating body, as the context requires.;

“charter fishing” applies throughout its chapter

The term “charter fishing” means fishing undertaken aboard charter vessels.;

“charter vessel” applies throughout its chapter

The term “charter vessel” means any vessel licensed by the State to carry passengers for hire for the purpose of recreational salmon fishing.;

“Columbia River conservation area” applies throughout its chapter

The term “Columbia River conservation area” means— (A) all habitat within the Columbia River drainage basin; and (B) those areas in— (i) the fishery conservation zone over which the Pacific Fishery Management Council has jurisdiction, and (ii) the territorial seas of Oregon and Washington, in which one or more stocks that originate in the habitat describe 1 in subparagraph (A) migrate.;

“Columbia River tribal coordinating body” applies throughout its chapter

The term “Columbia River tribal coordinating body” means the organization duly authorized by those treaty tribes of the Columbia River drainage basin to coordinate activities for them for purposes of this chapter.;

“commercial fishing” applies throughout its chapter

The term “commercial fishing” means fishing for the purpose of sale or barter.;

“commercial fishing vessel” applies throughout its chapter

The term “commercial fishing vessel” or “fishing vessel” means any vessel, boat, ship, or other craft which is licensed for, and used for, equipped to be used for, or of a type which is normally used for, commercial salmon fishing.;

“enhancement” applies throughout its chapter

The term “enhancement” means proj­ects undertaken to increase the production of naturally spawning or artificially propagated stocks of salmon or steelhead, or to protect, conserve, or improve the habitat of such stocks.;

“fishing vessel” applies throughout its chapter

The term “commercial fishing vessel” or “fishing vessel” means any vessel, boat, ship, or other craft which is licensed for, and used for, equipped to be used for, or of a type which is normally used for, commercial salmon fishing.;

“habitat” applies throughout its chapter

The term “habitat” means those portions of the land or water, including the constituent elements thereof, (A) which salmon or steelhead occupy at any time during their life cycle, or (B) which affect the salmon or steelhead resources.;

“recreational fishing” applies throughout its chapter

The term “recreational fishing” means fishing for personal use and enjoyment using conventional angling gear, and not for sale or barter.;

“salmon” applies throughout its chapter

The term “salmon” means any anadromous species of the family Salmonidae and Genus Oncorhynchus, commonly known as Pacific salmon.;

“salmon or steelhead resource” applies throughout its chapter

The term “salmon or steelhead resource” means any stock of salmon or steelhead.;

“steelhead” applies throughout its chapter

The term “steelhead” means the anad­romous rainbow trout species Salmo gairdneri, commonly known as steelhead.;

“stock” applies throughout its chapter

The term “stock” means a species, subspecies, race, geographical grouping, run, or other category of salmon or steelhead.;

“treaty” applies throughout its chapter

The term “treaty” means any treaty between the United States and any treaty tribe that relates to the reserved right of such tribe to harvest salmon and steelhead within the Washington or Columbia River conservation areas.;

“treaty tribe” applies throughout its chapter

The term “treaty tribe” means any Indian tribe recognized by the United States Government, with usual and accustomed fishing grounds in the Washington or Columbia River conservation areas, whose fishing right under a treaty has been recognized by a Federal court.;

“Washington conservation area” applies throughout its chapter

The term “Washington conservation area” means all salmon and steelhead habitat within the State of Washington except for the Columbia River drainage basin, and in the fishery conservation zone adjacent to the State of Washington which is subject to the jurisdiction of the United States.;

“Washington tribal coordinating body” applies throughout its chapter

The term “Washington tribal coordinating body” means the organization duly authorized by the treaty tribes of the Washington conservation area to coordinate their activities for them for the purposes of this chapter.

“qualified individual” applies in that section

the term “qualified individual” means an individual who is knowledgeable with regard to the management, conservation, or harvesting of the salmon and steelhead resources of the conservation areas. (c) Report by Commission Within 15 months after the date of the establishment of the Commission, it shall prepare, and submit to the Secretary and Congress, a comprehensive report containing conclusions, comments, and recommendations for the development of a management structure (including effective procedures, mechanisms, and institutional arrangements) for the effective coordination of research, enhancement, management, and enforcement policies for the salmon and steelhead resources of the …

“breed” applies throughout its chapter

The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.;

“fish or wildlife” applies throughout its chapter

The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof.;

“import” applies throughout its chapter

The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.;

“Indian tribal law” applies throughout its chapter

The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in section 1151 of title 18 . (e) The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants.;

“person” applies throughout its chapter

The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (g) Plant.— (1) In general .—

“plant” applies throughout its chapter

The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands. (2) Exclusions .— The terms “plant” and “plants” exclude— (A) common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof); (B) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and (C) any plant that is to remain planted or to be planted or replanted.

“plants” applies throughout its chapter

The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands. (2) Exclusions .— The terms “plant” and “plants” exclude— (A) common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof); (B) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and (C) any plant that is to remain planted or to be planted or replanted.

“prohibited wildlife species” applies throughout its chapter

The term “prohibited wildlife species” means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species.;

“Secretary” applies throughout its chapter

The term “Secretary” means, except as otherwise provided in this chapter, the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970 ( 84 Stat. 2090 ); except that with respect to the provisions of this chapter which pertain to the importation or exportation of plants, the term also means the Secretary of Agriculture.;

“State” applies throughout its chapter

The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. (k) Taken and Taking.— (1) Taken .—

“taken” applies throughout its chapter

The term “taken” means captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged, or removed. (2) Taking .—

“taking” applies throughout its chapter

The term “taking” means the act by which fish, wildlife, or plants are taken.;

“transport” applies throughout its chapter

The term “transport” means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment.

“area plan” applies throughout its subchapter

The term “area plan” means a resource conservation and use plan developed through a locally led planning process by a council for a designated area of 1 or more States, or of land under the jurisdiction of an Indian tribe, that includes 1 or more of the following elements: (A) A land conservation element, the purpose of which is to control erosion and sedimentation.

“Board” applies throughout its subchapter

The term “Board” means the Resource Conservation and Development Policy Advisory Board established under section 3456(a) of this title . (3) Council

“council” applies throughout its subchapter

The term “council” means a nonprofit entity (including an affiliate of the entity) operating in a State that is— (A) established by volunteers or representatives of States, local units of government, Indian tribes, or local nonprofit organizations to carry out an area plan in a designated area; and (B) designated by the chief executive officer or legislature of the State to receive technical assistance and financial assistance under this subchapter. (4) Designated area

“designated area” applies throughout its subchapter

The term “designated area” means a geographic area designated by the Secretary to receive technical assistance and financial assistance under this subchapter. (5) Financial assistance

“financial assistance” applies throughout its subchapter

The term “financial assistance” means a grant or loan provided by the Secretary (or the Secretary and other Federal agencies) to, or a cooperative agreement entered into by the Secretary (or the Secretary and other Federal agencies) with, a council, or association of councils, to carry out an area plan in a designated area, including assistance provided for planning, analysis, feasibility studies, training, education, and other activities necessary to carry out the area plan. (6) Indian tribe

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (7) Local unit of government

“local unit of government” applies throughout its subchapter

The term “local unit of government” means— (A) any county, city, town, township, parish, village, or other general-purpose subdivision of a State; and (B) any local or regional special district or other limited political subdivision of a State, including any soil conservation district, school district, park authority, and water or sanitary district. (8) Locally led planning process

“nonprofit organization” applies throughout its subchapter

The term “nonprofit organization” means any organization that is— (A) described in section 501(c) of title 26 ; and (B) exempt from taxation under section 501(a) of title 26 . (10) Project

“planning process” applies throughout its subchapter

The term “planning process” means actions taken by a locally led council to develop and carry out an effective area plan in a designated area, including development of the area plan, goals, purposes, policies, implementation activities, evaluations and reviews, and the opportunity for public participation in the actions. (9) Nonprofit organization

“project” applies throughout its subchapter

The term “project” means a project that is carried out by a council to achieve any of the elements of an area plan. (11) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Agriculture. (12) State

“State” applies throughout its subchapter

The term “State” means— (A) any State; (B) the District of Columbia; or (C) any territory or possession of the United States. (13) Technical assistance

“technical assistance” applies throughout its subchapter

The term “technical assistance” means any service provided by the Secretary or agent of the Secretary, including— (A) inventorying, evaluating, planning, designing, supervising, laying out, and inspecting projects; (B) providing maps, reports, and other documents associated with the services provided; (C) providing assistance for the implementation of area plans and projects; and (D) providing services that involve the resources of Department of Agriculture programs in a local community, as defined in the locally led planning process.

“coastal barrier” applies throughout its chapter

The term “coastal barrier” means— (A) a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, bluff, or barrier island) that— (i) is subject to wave, tidal, and wind energies; and (ii) protects landward aquatic habitats from direct wave attack; and (B) all associated aquatic habitats including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters. (2) Committees

“Committees” applies throughout its chapter

The term “Committees” means the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (3) Financial assistance (A) In general

“financial assistance” applies throughout its chapter

The term “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance other than— (i) deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions; (ii) the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation; (iii) assistance for environmental studies, planning, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and (iv) assistance pursuant to programs …

“Great Lakes” applies throughout its chapter

The term “Great Lakes” means Lake Ontario, Lake Erie, Lake Huron, Lake St. Clair, Lake Michigan, and Lake Superior, to the extent that those lakes are subject to the jurisdiction of the United States. (5) Otherwise Protected Area (A) In general

“Otherwise Protected Area” applies throughout its chapter

The term “Otherwise Protected Area” means any unit of the System that, at the time of designation, was predominantly composed of areas established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, wildlife sanctuary, recreational, or natural resource conservation purposes. (B) Qualified organization For purposes of subparagraph (A),

“qualified organization” applies throughout its chapter

the term “qualified organization” has the meaning given the term in section 170(h)(3) of title 26 . (6) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior. (7) System

“System” applies throughout its chapter

The term “System” means the John H. Chafee Coastal Barrier Resources System established under section 3503(a) of this title . (8) System unit

“System unit” applies throughout its chapter

The term “System unit” means any undeveloped coastal barrier, or combination of closely-related undeveloped coastal barriers, included within the John H. Chafee Coastal Barrier Resources System established under section 3503(a) of this title . (9) Undeveloped coastal barrier

“undeveloped coastal barrier” applies throughout its chapter

The term “undeveloped coastal barrier” means a coastal barrier the features and associated habitats of which contain few manmade structures and these structures, and man’s activities on such features and within such habitats, do not significantly impede geomorphic and ecological processes. (b) Savings clause Nothing in this section supersedes the official maps described in section 3503(a) of this title .

“structure” applies in that section

the term “structure” means a walled and roofed building, other than a gas or liquid storage tank, that— (A) is principally above ground and affixed to a permanent site, including a manufactured home on a permanent foundation; and (B) covers an area of at least 200 square feet. (3) Savings clause Nothing in this subsection supersedes the official maps referred to in subsection (a).

“financial assistance” applies in that section

the term “financial assistance” includes any contract, loan, grant, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages. (e) Applicability to Otherwise Protected Areas (1) In general The prohibitions on new Federal expenditures and financial assistance described in section 3504(a) of this title do not apply within Otherwise Protected Areas except with respect to limitations on new flood insurance coverage described in section 1321 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4028 ).

“insurable structure” applies in that section

the term “insurable structure” means an insurable structure that is— (i) located within an addition described in paragraph (1); and (ii) in existence before the expiration of the applicable 1-year period described in paragraph (1).

“conservation” applies throughout its chapter

The terms “conserve” and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the educational, aesthetic, cultural, recreational, scientific, and ecological enrichment of the public.

“conserve” applies throughout its chapter

The terms “conserve” and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the educational, aesthetic, cultural, recreational, scientific, and ecological enrichment of the public.

“designated State agency” applies throughout its chapter

The term “designated State agency” means the government agency, department, or division of any State that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency.;

“fish and wildlife” applies throughout its chapter

The term “fish and wildlife” means wild members of the animal kingdom that are in an unconfined state.;

“Fund” applies throughout its chapter

The term “Fund” means the Wildlife Conservation and Appreciation Fund established under section 3744(g) of this title .;

“National Fish and Wildlife Foundation” applies throughout its chapter

The term “National Fish and Wildlife Foundation” means the charitable and nonprofit corporation established under section 3701 of this title .;

“nonconsumptive activities” applies throughout its chapter

The term “nonconsumptive activities” means fish and wildlife associated activities other than harvesting of fish and wildlife and includes, but is not limited to, photographing, observing, learning about, or associating with, fish and wildlife.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.;

“State” applies throughout its chapter

The term “State” means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or American Samoa.;

“wildlife conservation and appreciation project” applies throughout its chapter

The term “wildlife conservation and appreciation project” means a project which is directed toward nonconsumptive activities or toward the conservation of those species of fish and wildlife that— (A) are not ordinarily taken for recreation, fur, or food; except that if under applicable State law, any fish and wildlife may be taken for recreation, fur, or food in some but not all, areas of the State, a wildlife conservation and appreciation project may be directed toward the conservation of any of such fish and wildlife within any area of the State in which such taking is not permitted; (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973, …

“Federal trust species” applies throughout its chapter

The term “Federal trust species” means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern. (2) Habitat enhancement (A) In general

“habitat enhancement” applies throughout its chapter

The term “habitat enhancement” means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habitat. (B) Inclusions

“habitat establishment” applies throughout its chapter

The term “habitat establishment” means the manipulation of physical, chemical, or biological characteristics of a project site to create and maintain habitat that did not previously exist on the project site, including construction of— (A) shallow water impoundments on non-hydric soils; and (B) side channel spawning and rearing habitat. (4) Habitat improvement

“habitat improvement” applies throughout its chapter

The term “habitat improvement” means restoring, enhancing, or establishing physiographic, hydrological, or disturbance conditions necessary to establish or maintain native plant and animal communities, including periodic manipulations to maintain intended habitat conditions on completed project sites. (5) Habitat restoration (A) In general

“habitat restoration” applies throughout its chapter

The term “habitat restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the majority of natural functions to the lost or degraded native habitat. (B) Inclusions

“private land” applies throughout its chapter

The term “private land” means any land that is not owned by the Federal Government or a State. (B) Inclusions

“project” applies throughout its chapter

The term “project” means a project carried out under the Partners for Fish and Wildlife Program established by section 3773 of this title . (8) Secretary

“Secretary” applies throughout its chapter

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

“agricultural commodity” applies in that section

The term “agricultural commodity” means— (A) any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip planters; or (B) sugarcane planted and produced in a State. (2) Beginning farmer or rancher .—

“beginning farmer or rancher” applies in that section

The term “beginning farmer or rancher” has the meaning given the term in section 1991(a)(8) of title 7 . (3) Conservation plan .—

“conservation district” applies in that section

The term “conservation district” means any district or unit of State or local government formed under State or territorial law for the express purpose of developing and carrying out a local soil and water conservation program. Such district or unit of government may be referred to as a “conservation district”, “soil conservation district”, “soil and water conservation district”, “resource conservation district”, “natural resource district”, “land conservation committee”, or a similar name.;

“conservation plan” applies in that section

The term “conservation plan” means the document that— (A) applies to highly erodible cropland; (B) describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and (C) is approved by the local soil conservation district, in consultation with the local committees established under section 590h(b)(5) of this title and the Secretary, or by the Secretary. (4) Conservation system .—