r/title-16-CONSERVATION wiki — defined terms

“conservation system” applies in that section

The term “conservation system” means a combination of 1 or more conservation measures or management practices that— (A) are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; and (B) are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management …

“converted wetland” applies in that section

The term “converted wetland” means wetland that has been drained, dredged, filled, leveled, or otherwise manipulated (including any activity that results in impairing or reducing the flow, circulation, or reach of water) for the purpose or to have the effect of making the production of an agricultural commodity possible if— (i) such production would not have been possible but for such action; and (ii) before such action— (I) such land was wetland; and (II) such land was neither highly erodible land nor highly erodible cropland.

“cost sharing payment” applies in that section

The term “cost sharing payment” means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland under the provisions of section 3834(b) of this title . (7);

“farm” applies in that section

The term “farm” means a farm that— (A) is under the general control of one operator; (B) has one or more owners; (C) consists of one or more tracts of land, whether or not contiguous; (D) is located within a county or region, as determined by the Secretary; and (E) may contain lands that are incidental to the production of perennial crops, including conserving uses, forestry, and livestock, as determined by the Secretary. (9) Field .—

“field” applies in that section

The term “field” means a part of a farm that is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. At the option of the owner or operator of the farm, croplines may also be used to delineate a field if farming practices make it probable that the croplines are not subject to change.

“highly erodible cropland” applies in that section

The term “highly erodible cropland” means highly erodible land that is in cropland use, as determined by the Secretary. (11);

“highly erodible land” applies in that section

The term “highly erodible land” means land— (i) that is classified by the Soil Conservation Service as class IV, VI, VII, or VIII land under the land capability classification system in effect on December 23, 1985 ; or (ii) that has, or that if used to produce an agricultural commodity, would have an excessive average annual rate of erosion in relation to the soil loss tolerance level, as established by the Secretary, and as determined by the Secretary through application of factors from the universal soil loss equation and the wind erosion equation, including factors for climate, soil erodibility, and field slope.

“hydric soil” applies in that section

The term “hydric soil” means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.;

“hydrophytic vegetation” applies in that section

The term “hydrophytic vegetation” means a plant growing in— (A) water; or (B) a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. (14) Indian tribe .—

“in-kind commodities” applies in that section

The term “in-kind commodities” means commodities that are normally produced on land that is the subject of an agreement entered into under subchapter IV. (16) Integrated pest management .—

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 5304(e) of title 25 .;

“integrated pest management” applies in that section

The term “integrated pest management” means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. (17) Livestock .—

“legal entity” applies in that section

the terms “person” and “legal entity” have the meanings given those terms in section 1308(a) of title 7 .;

“livestock” applies in that section

The term “livestock” means all animals raised on farms, as determined by the Secretary. (18) 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 is suitable for growing trees; and (B) is owned by any nonindustrial private individual, group, association, corporation, Indian tribe, or other private legal entity that has definitive decisionmaking authority over the land. (19) Person and legal entity .— For purposes of applying payment limitations under subchapter IV,

“person” applies in that section

the terms “person” and “legal entity” have the meanings given those terms in section 1308(a) of title 7 .;

“rental payment” applies in that section

The term “rental payment” means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland to compensate the owner or operator for retiring such land from crop production and placing such land in the conservation reserve in accordance with subchapter IV.;

“Secretary” applies in that section

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

“shelterbelt” applies in that section

The term “shelterbelt” means a vegetative barrier with a linear configuration composed of trees, shrubs, and other approved perennial vegetation. (23) Socially disadvantaged farmer or rancher .—

“socially disadvantaged farmer or rancher” applies in that section

The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e)(2) 1 of title 7.;

“State” applies in that section

The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (25) Technical assistance .—

“technical assistance” applies in that section

The term “technical assistance” means technical expertise, information, and tools necessary for the conservation of natural resources on land active in agricultural, forestry, or related uses. The term includes the following: (A) Technical services provided directly to farmers, ranchers, and other eligible entities, such as conservation planning, technical consultation, and assistance with design and implementation of conservation practices. (B) Technical infrastructure, including activities, processes, tools, and agency functions needed to support delivery of technical services, such as technical standards, resource inventories, training, data, technology, monitoring, and effects analyses.

“vegetative cover” applies in that section

The term “vegetative cover” means— (A) perennial grasses, legumes, forbs, or shrubs with an expected life span of 5 or more years; or (B) trees. (27) The term “wetland”, except when such term is part of

“CREP” applies in that section

The term “CREP” means a conservation reserve enhancement program carried out under subsection (b)(1). (2) Eligible land

“eligible land” applies in that section

The term “eligible land” means land that is eligible to be included in the program established under this subpart. (3) Eligible partner

“eligible partner” applies in that section

The term “eligible partner” means— (A) a State; (B) a political subdivision of a State; (C) an Indian tribe (as defined in section 5304 of title 25 ); or (D) a nongovernmental organization. (4) Management

“management” applies in that section

The term “management” means an activity conducted by an owner or operator under a contract entered into under this subpart after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice— (A) throughout the term of the contract; and (B) consistent with the conservation plan that covers the eligible land.

“covered contract” applies in that section

the term “covered contract” means a contract entered into under this subpart that— (i) expires on or after December 20, 2018 ; and (ii) covers land enrolled in the conservation reserve program under the clean lakes, estuaries, and rivers priority described in section 3831(d)(3) of this title (or the predecessor practices that constitute the priority, as determined by the Secretary).

“eligible land” applies in that section

The term “eligible land” means cropland that— (i) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this subsection; and (ii) as determined by the Secretary— (I) is located within 1 or more States that are part of the prairie pothole region, as selected by the Secretary based on consultation with State Committees of the Farm Service Agency and State technical committees established under section 3861(a) of this title from that region; (II) had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment; and (III) is verified to be less-productive land, as compared to other land on the applicable …

“conservation planning assessment” applies throughout its subpart

The term “conservation planning assessment” means a report, as determined by the Secretary, that— (A) is developed by— (i) a State or unit of local government (including a conservation district); (ii) a Federal agency; or (iii) a third-party provider certified under section 3842(e) of this title (including a certified rangeland professional); (B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and (C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture. (2) Eligible land (A) In general

“eligible land” applies throughout its subpart

The term “eligible land” means land on which agricultural commodities, livestock, or forest-related products are produced. (B) Inclusions

“incentive practice” applies throughout its subpart

The term “incentive practice” means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns. (4) Organic system plan

“organic system plan” applies throughout its subpart

The term “organic system plan” means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq.). (5) Payment

“payment” applies throughout its subpart

The term “payment” means financial assistance provided to a producer for performing practices under this subpart, including compensation for— (A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and (B) income forgone by the producer. (6) Practice

“practice” applies throughout its subpart

The term “practice” means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including— (A) improvements to eligible land of the producer, including— (i) structural practices; (ii) land management practices; (iii) vegetative practices; (iv) forest management; (v) soil testing; (vi) soil remediation to be carried out by the producer; and (vii) other practices that the Secretary determines would further the purposes of the program; and (B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including— (i) comprehensive nutrient …

“priority resource concern” applies throughout its subpart

The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that— (A) is identified at the national, State, or local level as a priority for a particular area of a State; and (B) represents a significant concern in a State or region. (8) Program

“program” applies throughout its subpart

The term “program” means the environmental quality incentives program established by this subpart. (9) Soil remediation

“soil remediation” applies throughout its subpart

The term “soil remediation” means scientifically based practices that— (A) ensure the safety of producers from contaminants in soil; (B) limit contaminants in soil from entering agricultural products for human or animal consumption; and (C) regenerate and sustain the soil. (10) Soil testing

“soil testing” applies throughout its subpart

The term “soil testing” means the evaluation of soil health, including testing for— (A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and (B) the biological and physical characteristics indicative of proper soil functioning.

“agricultural operation” applies throughout its subpart

The term “agricultural operation” means all eligible land, whether or not contiguous, that is— (A) under the effective control of a producer at the time the producer enters into a contract under the program; and (B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. (2) Conservation activities (A) In general

“conservation activities” applies throughout its subpart

The term “conservation activities” means conservation systems, practices, or management measures. (B) Inclusions

“conservation stewardship plan” applies throughout its subpart

The term “conservation stewardship plan” means a plan that— (A) identifies and inventories priority resource concerns; (B) establishes benchmark data and conservation objectives; (C) describes conservation activities to be implemented, managed, or improved; and (D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities. (4) Eligible land (A) In general

“eligible land” applies throughout its subpart

The term “eligible land” means— (i) private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and (ii) lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program. (B) Inclusions

“priority resource concern” applies throughout its subpart

The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that— (A) is identified at the national, State, or local level as a priority for a particular area of a State; (B) represents a significant concern in a State or region; and (C) is likely to be addressed successfully through the implementation of conservation activities under this program. (6) Program

“program” applies throughout its subpart

The term “program” means the conservation stewardship program established by this subpart. (7) Stewardship threshold

“stewardship threshold” applies throughout its subpart

The term “stewardship threshold” means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource through the use of— (A) quality criteria under a resource management system; (B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service; (C) data from past and current enrollment in the program; and (D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.

“advanced grazing management” applies in that section

The term “advanced grazing management” means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for— (i) improved soil health and carbon sequestration; (ii) drought resilience; (iii) wildlife habitat; (iv) wildfire mitigation; (v) control of invasive plants; and (vi) water quality improvement. (B) Management-intensive rotational grazing

“comprehensive conservation plan” applies in that section

the term “comprehensive conservation plan” means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2). (2) Payment for comprehensive conservation plan The Secretary shall provide a 1-time payment to a producer that develops a comprehensive conservation plan. (3) Amount of payment The Secretary shall determine the amount of payment under paragraph (2) based on— (A) the number of priority resource concerns addressed in the comprehensive conservation plan; and (B) the number of types of land uses included in the comprehensive conservation plan.

“management-intensive rotational grazing” applies in that section

The term “management-intensive rotational grazing” means a strategic, adaptively managed multipasture grazing system in which animals are regularly and systematically moved to fresh pasture in a manner that— (i) maximizes the quantity and quality of forage growth; (ii) improves manure distribution and nutrient cycling; (iii) increases carbon sequestration from greater forage harvest; (iv) improves the quality and quantity of cover for wildlife; (v) provides permanent cover to protect the soil from erosion; and (vi) improves water quality. (C) Resource-conserving crop rotation

“resource-conserving crop rotation” applies in that section

The term “resource-conserving crop rotation” means a crop rotation that— (i) includes at least 1 resource-conserving crop (as defined by the Secretary); (ii) reduces erosion; (iii) improves soil fertility and tilth; (iv) interrupts pest cycles; (v) builds soil organic matter; and (vi) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation. (2) Availability of payments The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt or improve, manage, and maintain— (A) resource-conserving crop rotations; or (B) advanced grazing management.

“eligible land” applies in that section

the term “eligible land” means cropland on a farm for which base acres have been maintained by the Secretary under section 9012(d)(3) of title 7 . (2) Initiative

“initiative” applies in that section

The term “initiative” means the grassland conservation initiative established under subsection (b). (b) Establishment and purpose The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e). (c) Election Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).

“eligible entity” applies in that section

The term “eligible entity” means, as determined by the Secretary— (i) a third-party private entity the primary business of which is related to agriculture; (ii) a nongovernmental organization with experience working with agricultural producers; or (iii) a governmental organization. (B) New or innovative conservation approach

“new or innovative conservation approach” applies in that section

The term “new or innovative conservation approach” means— (i) new or innovative— (I) precision agriculture technologies; (II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems; (III) soil health management systems, including systems to increase soil carbon levels; (IV) water management systems; (V) resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title ); (VI) cover crops; and (VII) irrigation systems; and (ii) any other conservation approach approved by the Secretary as new or innovative.

“Department” applies in that section

The term “Department” means the Department of Agriculture. (2) Private grazing land

“private grazing land” applies in that section

The term “private grazing land” means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land. (3) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (c) Private grazing land conservation assistance (1) Assistance to grazing landowners and others Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including— (A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land; (B) …

“eligible land” applies in that section

The term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)— (A) that a landowner voluntarily agrees to sell to a State; and (B) which— (i) (I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 1 of the Food Security Act of 1985; (II) is flooded to— (aa) an average depth of at least 6.5 feet; or (bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or (III) is inaccessible for agricultural use due to the flooding of adjoining property …

“program” applies in that section

The term “program” means the voluntary land purchase program established under this section. (3) Terminal lake

“terminal lake” applies in that section

The term “terminal lake” means a lake and its associated riparian and watershed resources that is— (A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or (B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights.

“covered program” applies in that section

the term “covered program” means a program carried out by the Secretary under— (A) subchapter IV (except for subpart B of such subchapter), 2 subchapter VII, or subchapter VIII; (B) section 2203 of this title ; (C) title V of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6571 et seq.); or (D) the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 of such Act ( 16 U.S.C. 1012 ). (10) Duration of authority The authority of the Secretary under this subsection shall expire, with respect to each covered program, on the date on which the authority of the covered program expires.

“eligible participant” applies in that section

The term “eligible participant” means a producer, landowner, or entity that is participating in, or seeking to participate in, programs in which the producer, landowner, or entity is otherwise eligible to participate under this chapter or the agricultural management assistance program under section 1524(b) of title 7 . (2) Third-party provider

“third-party provider” applies in that section

The term “third-party provider” means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.

“agricultural land easement” applies throughout its subchapter

The term “agricultural land easement” means an easement or other interest in eligible land that— (A) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land; and (B) permits the landowner the right to continue agricultural production and related uses. (2) Buy-protect-sell transaction (A) In general

“buy-protect-sell transaction” applies throughout its subchapter

The term “buy-protect-sell transaction” means a legal arrangement— (i) between an eligible entity and the Secretary relating to land that an eligible entity owns or is going to purchase prior to acquisition of an agricultural land easement; (ii) under which the eligible entity certifies to the Secretary that the eligible entity shall— (I) (aa) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity prior to or on acquisition of the agricultural land easement; or (bb) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity in a …

“eligible entity” applies throughout its subchapter

The term “eligible entity” means— (A) an agency of State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or (B) an organization that is— (i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of title 26 ; (ii) an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 ; or (iii) described in— (I) paragraph (1) or (2) of section 509(a) of title 26 ; or (II) section 509(a)(3) of title …

“eligible land” applies throughout its subchapter

The term “eligible land” means private or tribal land that is— (A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch— (i) that is subject to— (I) a pending offer for purchase of an agricultural land easement from an eligible entity; or (II) a buy-protect-sell transaction; (ii) (I) that has prime, unique, or other productive soil; (II) that contains historical or archaeological resources; (III) the enrollment of which would protect grazing uses and related conservation values by restoring and conserving land; or (IV) the protection of which will further a State or local policy consistent with the purposes of the program; and (iii) that is— (I) …

“monitoring report” applies throughout its subchapter

The term “monitoring report” means a report, the contents of which are formulated and prepared by the holder of an agricultural land easement, that accurately documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement. (6) Program

“program” applies throughout its subchapter

The term “program” means the agricultural conservation easement program established by this subchapter. (7) Wetland reserve easement

“wetland reserve easement” applies throughout its subchapter

The term “wetland reserve easement” means a reserved interest in eligible land that— (A) is defined and delineated in a deed; and (B) stipulates— (i) the rights, title, and interests in land conveyed to the Secretary; and (ii) the rights, title, and interests in land that are reserved to the landowner.

“covered program” applies throughout its subchapter

The term “covered program” means the following: (A) The agricultural conservation easement program. (B) The environmental quality incentives program. (C) The conservation stewardship program, not including the grassland conservation initiative under section 3839aa–25 of this title . (D) The healthy forests reserve program established under section 6571 of this title . (E) The conservation reserve program established under subpart B of part I of subchapter IV. (F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 ( 16 U.S.C.

“eligible activity” applies throughout its subchapter

The term “eligible activity” means a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program. (3) Eligible land

“eligible land” applies throughout its subchapter

The term “eligible land” means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits. (4) Eligible partner

“eligible partner” applies throughout its subchapter

The term “eligible partner” means any of the following: (A) An agricultural or silvicultural producer association or other group of producers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land. (F) A municipal water or wastewater treatment entity. (G) An institution of higher education.

“partnership agreement” applies throughout its subchapter

The term “partnership agreement” means the programmatic agreement entered into between the Secretary and an eligible partner, subject to the terms and conditions under section 3871b of this title . (6) Program

“program” applies throughout its subchapter

The term “program” means the regional conservation partnership program established by this subchapter. (7) Program contract (A) In general

“program contract” applies throughout its subchapter

The term “program contract” means the contract between the Secretary and a producer entered into under this subchapter. (B) Exclusion The term “program contract” does not include a contract under a covered program.

“critical conservation area” applies in that section

The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program. (2) Priority resource concern

“priority resource concern” applies in that section

The term “priority resource concern” means a natural resource concern located in a critical conservation area that can be addressed through— (A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; (B) water quantity improvement, including improvement relating to— (i) drought; (ii) groundwater, surface water, aquifer, or other water sources; or (iii) water retention and flood prevention; (C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and (D) other natural resource …

“Committees” applies throughout its chapter

The term “Committees” means the Committee on Merchant Marine and Fisheries and the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate.;

“designated unit” applies throughout its chapter

The term “designated unit” means a unit of the National Wildlife Refuge System designated by the Secretary under section 3911(a)(2) 1 of this title.;

“hydric soil” applies throughout its chapter

The term “hydric soil” means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.;

“hydrophytic vegetation” applies throughout its chapter

The term “hydrophytic vegetation” means a plant growing in— (A) water; or (B) a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.;

“wetland” applies throughout its chapter

The term “wetland” means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

“environmental bank” applies in that section

the term “environmental bank” means a project, project increment, or projects for purposes of restoring, creating, or enhancing natural resources at a designated site to establish mitigation credits. (2) Credits Mitigation credits created from environmental banks approved pursuant to this section may be used to satisfy existing liability under Federal environmental laws.

“Federal fishery management plan” applies throughout its chapter

The term “Federal fishery management plan” means a plan developed under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.).;

“fishery resource” applies throughout its chapter

The term “fishery resource” means finfish, mollusks, crustaceans, and any other form of marine animal or plant life, other than marine mammals and birds.;

“interjurisdictional fishery resource” applies throughout its chapter

The term “interjurisdictional fishery resource” means— (A) a fishery resource for which a fishery occurs in waters under the jurisdiction of one or more States and the exclusive economic zone established by Proclamation Numbered 5030, dated March 10, 1983 ; (B) a fishery resource for which there exists an interstate fishery management plan; or (C) a fishery resource which migrates between the waters under the jurisdiction of two or more States bordering on the Great Lakes.

“interstate commission” applies throughout its chapter

The term “interstate commission” means a commission or other administrative body established by an interstate compact.;

“interstate compact” applies throughout its chapter

The term “interstate compact” means a compact that has been entered into by two or more States, established for the purposes of conserving and managing interjurisdictional fishery resources throughout their range, and consented to and approved by Congress.;

“interstate fishery management plan” applies throughout its chapter

The term “interstate fishery management plan” means a plan for managing fisheries developed and adopted by an interstate commission.;

“project” applies throughout its chapter

The term “project” means a program for research in support of the management of an interjurisdictional fishery resource or an interstate cooperative fishery management agreement.;

“Secretary” applies throughout its chapter

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

“State” applies throughout its chapter

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

“State agency” applies throughout its chapter

The term “State agency” means any department, agency, commission, or official of a State authorized under the laws of the State to regulate commercial fisheries or enforce laws relating to commercial fisheries.

“African elephant” applies throughout its chapter

the term “African elephant” means any animal of the species loxodonta africana;

“CITES” applies throughout its chapter

the term “CITES” means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;

“CITES Ivory Control System” applies throughout its chapter

the term “CITES Ivory Control System” means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory;

“Fund” applies throughout its chapter

the term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “ multinational species conservation fund ” [ 16 U.S.C. 4246 ];

“import” applies throughout its chapter

the terms “import” and “importation” have the meanings such terms have in the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.);

“importation” applies throughout its chapter

the terms “import” and “importation” have the meanings such terms have in the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.);

“intermediary country” applies throughout its chapter

the term “intermediary country” means a country that exports raw or worked ivory that does not originate in that country;

“ivory producing country” applies throughout its chapter

the term “ivory producing country” means any African country within which is located any part of the range of a population of African elephants;

“ivory quota” applies throughout its chapter

the term “ivory quota” means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System;

“personal effects” applies throughout its chapter

the term “personal effects” means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage;

“raw ivory” applies throughout its chapter

the term “raw ivory” means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved;

“Secretary” applies throughout its chapter

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

“United States” applies throughout its chapter

the term “United States” means the fifty States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and;

“worked ivory” applies throughout its chapter

the term “worked ivory” means any African elephant tusk, and any piece thereof, which is not raw ivory.

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator of the Agency for International Development.

“CITES” applies throughout its chapter

The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 , and its appendices.;

“conservation” applies throughout its chapter

The term “conservation” means the use of methods and procedures necessary to bring Asian elephants to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including all activities associated with scientific resource management, such as conservation, protection, restoration, acquisition, and management of habitat; research and monitoring of known populations; assistance in the development of management plans for managed elephant ranges; CITES enforcement; law enforcement through community participation; translocation of elephants; conflict resolution initiatives; and community outreach and education.;

“Fund” applies throughout its chapter

The term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [ 16 U.S.C. 4246 ].;

“Secretary” applies throughout its chapter

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

“cave” applies throughout its chapter

The term “cave” means any naturally occurring void, cavity, recess, or system of interconnected passages which occurs beneath the surface of the earth or within a cliff or ledge (including any cave resource therein, but not including any vug, mine, tunnel, aqueduct, or other manmade excavation) and which is large enough to permit an individual to enter, whether or not the entrance is naturally formed or manmade. Such term shall include any natural pit, sinkhole, or other feature which is an extension of the entrance. (2) Federal lands

“cave resource” applies throughout its chapter

The term “cave resource” includes any material or substance occurring naturally in caves on Federal lands, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems. (6) Secretary

“Federal lands” applies throughout its chapter

The term “Federal lands” means lands the fee title to which is owned by the United States and administered by the Secretary of Agriculture or the Secretary of the Interior. (3) Indian lands

“Indian lands” applies throughout its chapter

The term “Indian lands” means lands of Indian tribes or Indian individuals which are either held in trust by the United States for the benefit of an Indian tribe or subject to a restriction against alienation imposed by the United States. (4) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims settlement 1 Act ( 43 U.S.C. 1601 et seq.). (5) Cave resource

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture or the Secretary of the Interior, as appropriate. (7) Speleothem

“speleogen” applies throughout its chapter

The term “speleogen” means relief features on the walls, ceiling, and floor of any cave or lava tube which are part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves.

“speleothem” applies throughout its chapter

The term “speleothem” means any natural mineral formation or deposit occurring in a cave or lava tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or mud. (8) Speleogen

“Agreement” applies throughout its chapter

The term “Agreement” means the Tripartite Agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service.;

“appropriate Committees” applies throughout its chapter

The term “appropriate Committees” means the Committee on Environment and Public Works of the United States Senate and the Committee on Resources of the House of Representatives.;

“flyway” applies throughout its chapter

The term “flyway” means the four administrative units used by the United States Fish and Wildlife Service and the States in the management of waterfowl populations.;

“Migratory Bird Conservation Commission” applies throughout its chapter

The term “Migratory Bird Conservation Commission” means that commission established by section 715a of this title .;

“migratory birds” applies throughout its chapter

The term “migratory birds” means all wild birds native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act [ 16 U.S.C. 703 et seq.], including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 ( 16 U.S.C. 2901–291 2).;

“Plan” applies throughout its chapter

The term “Plan” means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada and the Secretary of the Interior for the United States in May 1986, and by the Secretary of Sedesol for Mexico in 1994, and subsequent dates.;

“Secretary” applies throughout its chapter

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

“State” applies throughout its chapter

The term “State” means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.;

“wetlands conservation project” applies throughout its chapter

The term “wetlands conservation project” means— (A) the obtaining of a real property interest in lands or waters, including water rights, of a wetland ecosystem and associated habitat if the obtaining of such interest is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon; (B) the restoration, management, or enhancement of wetland ecosystems and associated habitat for migratory birds and other fish and wildlife species if such restoration, management, or enhancement is conducted on lands and waters that are administered for …

“eligible entity” applies in that section

The term “eligible entity” means a State forester or equivalent State official, State, political subdivision of a State, Federal agency, private organization, corporation, or other private person. (2) State

“State” applies in that section

The term “State” means each of the 50 States, Guam, American Samoa, the Republic of Palau (until the Compact of Free Association enters into effect), Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

“Forest” applies in that section

The term “Forest” means the Hawaii Experimental Tropical Forest. (2) Governor

“Governor” applies in that section

The term “Governor” means the Governor of Hawaii. (3) Lands

“lands” applies in that section

The term “lands” means lands, waters, and interests in lands and waters. (4) State

“State” applies in that section

The term “State” means the State of Hawaii. (b) Establishment and management At the request of the Governor, the Secretary shall establish and administer within the State a Hawaii Experimental Tropical Forest. The Forest shall be managed as— (1) a model of quality tropical forest management where harvesting on a sustainable yield basis can be demonstrated in balance with natural resource conservation; (2) a site for research on tropical forestry, conservation biology, and natural resource management; and (3) a center for demonstration, education, training, and outreach on tropical forestry, conservation biology, and natural resources research and management.

“Institutes of Tropical Forestry” applies throughout its chapter

The term “Institutes of Tropical Forestry” means the Institute of Tropical Forestry in Puerto Rico and the Institute of Pacific Islands Forestry established under section 6706 of title 7 . (2) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (3) State

“State” applies throughout its chapter

The term “State” means each of the 50 States, Guam, American Samoa, the Republic of Palau (until the Compact of Free Association enters into effect), Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

“technologies and practices” applies in that section

the term “technologies and practices” means those technologies and practices that— (1) may be retrofitted— (A) on existing vessels or incorporated in new vessel designs; and (B) on existing land-based ballast water treatment facilities; (2) may be designed into new water treatment facilities; (3) are operationally practical; (4) are safe for a vessel and crew; (5) are environmentally sound; (6) are cost-effective; (7) a vessel operator is capable of monitoring; and (8) are effective against a broad range of aquatic nuisance species.

“coastal zone” applies in that section

The term “coastal zone” has the meaning given the term in section 1453 of this title . (B) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means— (i) a State; (ii) a unit of local government; (iii) an Indian Tribe; (iv) a nongovernmental organization; and (v) an institution of higher education. (C) Exclusive Economic Zone

“Exclusive Economic Zone” applies in that section

The term “Exclusive Economic Zone” means the Exclusive Economic Zone of the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 ( 16 U.S.C. 1453 note). (D) Foundation

“Foundation” applies in that section

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

“Fund” applies in that section

The term “Fund” means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A). (F) Program

“Program” applies in that section

The term “Program” means the Coastal Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A). (G) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Commerce. (2) Grant program (A) Establishment The Secretary and the Foundation shall establish a program, to be known as the “Coastal Aquatic Invasive Species Mitigation Grant Program”, under which the Secretary and the Foundation shall award grants to eligible entities in accordance with this paragraph.

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Environmental Protection Agency. (B) Aquatic nuisance species

“aquatic nuisance species” applies in that section

The term “aquatic nuisance species” has the meaning given that term in subsection (p)(1) of section 1322 of title 33 . (C) Director