r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS wiki — defined terms
The statute’s own glossary: every term Title 33 defines, in section order.
“proposed project” applies in that section
the term “proposed project” means any project for the rehabilitation and development of— (1) the structure located in the area described in subsection (b), commonly referred to as Pier A; and (2) the area surrounding such structure.
“United States” applies in that section
the term “United States” includes the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other Commonwealth, territory, or possession of the United States.
“continuing authority program” applies in that section
the term “continuing authority program” means 1 of the following authorities: (A) Section 701s of this title . (B) Section 426i of this title . (C) Section 2330 of this title . (D) Section 2309a of this title . (E) Section 577 of this title . (F) Section 426g of this title . (G) Section 701r of this title . (H) Section 103 of the River and Harbor Act of 1962 ( Public Law 87–874 ; 76 Stat. 1178 ). (I) Section 2326(e) of this title . (J) Section 701b–8a of this title . (K) Section 610(a) of this title .
“section 14 application” applies in that section
the term “section 14 application” means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Appropriation Act of 1899”) ( 33 U.S.C. 408 ). (b) Review Not later than 1 year after June 10, 2014 , the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner.
“covered vessel” applies in that section
the term “covered vessel” means a vessel— (i) determined to be abandoned by the Commandant of the Coast Guard; or (ii) under the control of the United States by reason of seizure or forfeiture pursuant to any law.
“erosion control program” applies in that section
The term “erosion control program” means the national shoreline erosion control development and demonstration program established under this section. (2) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Army. (3) Separable element
“separable element” applies in that section
The term “separable element” has the meaning provided by section 2213(f) of this title . (4) Shore
“shore” applies in that section
The term “shore” includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith. (5) Shore protection project
“shore protection project” applies in that section
The term “shore protection project” includes a project for beach nourishment, including the replacement of sand.
“debris” applies in that section
the term “debris” includes any abandoned or dilapidated structure or any sunken vessel or other object that can reasonably be expected to collapse or otherwise enter the navigable waters of the United States as drift within a reasonable period. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years beginning after September 30, 1986 .
“drift” applies in that section
the term “drift” includes any buoyant material that, when floating in the navigable waters of the United States, may cause damage to a commercial or recreational vessel; and;
“Great Lake” applies in that section
the term “Great Lake” means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude). (b) Dredging levels In operating and maintaining Federal channels and harbors of, and the connecting channels between, the Great Lakes, the Secretary shall conduct such dredging as is necessary to ensure minimal operation depths consistent with the original authorized depths of the channels and harbors when water levels in the Great Lakes are, or are forecast to be, below the International Great Lakes Datum of 1985.
“Great Lakes and Connecting Channels” applies in that section
the term “Great Lakes and Connecting Channels” includes Lakes Superior, Huron, Michigan, Erie, and Ontario, all connecting waters between and among such lakes used for commercial navigation, any navigation features in such lakes or waters that are a Federal operation or maintenance responsibility, and areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.
“harbor of Baltimore” applies throughout its subchapter
The term “harbor of Baltimore” means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lies within the State of Maryland.
“harbor of Hampton Roads” applies throughout its subchapter
The term “harbor of Hampton Roads” means the tidal waters of the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tributaries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Virginia.;
“harbor of New York” applies throughout its subchapter
The term “harbor of New York” means the tidal waters of the harbor of New York, its adjacent and tributary waters, and those of Long Island Sound.;
“Administrator” applies throughout its subchapter
The term “Administrator” means the Administrator of the Federal Emergency Management Agency. (2) Board
“Board” applies throughout its subchapter
The term “Board” means a National Dam Safety Review Board established under section 467f(f) of this title . (3) Dam
“dam” applies throughout its subchapter
The term “dam”— (A) means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that— (i) is 25 feet or more in height from— (I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or (II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier; to the maximum water storage elevation; or (ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but (B) does not include— (i) a levee; or (ii) a barrier described in subparagraph (A) that— (I) is 6 feet or …
“eligible high hazard potential dam” applies throughout its subchapter
The term “eligible high hazard potential dam” means a non-Federal dam that— (i) is located in a State with a State dam safety program; (ii) is classified as “high hazard potential” by the State dam safety agency in the State in which the dam is located; (iii) has an emergency action plan that— (I) is approved by the relevant State dam safety agency; or (II) is in conformance with State law and pending approval by the relevant State dam safety agency; (iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and (v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.
“Federal agency” applies throughout its subchapter
The term “Federal agency” means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam. (6) Federal Guidelines for Dam Safety
“Federal Guidelines for Dam Safety” applies throughout its subchapter
The term “Federal Guidelines for Dam Safety” means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies. (7) FEMA
“FEMA” applies throughout its subchapter
The term “FEMA” means the Federal Emergency Management Agency. (8) Hazard reduction
“hazard reduction” applies throughout its subchapter
The term “hazard reduction” means the reduction in the potential consequences to life and property of dam failure. (9) ICODS
“ICODS” applies throughout its subchapter
The term “ICODS” means the Interagency Committee on Dam Safety established by section 467e of this title . (10) Eligible subrecipient The term “eligible subrecipient”, in the case of a project receiving assistance under section 467f–2 of this title , includes— (A) a governmental organization; and (B) a nonprofit organization. (11) Program
“Program” applies throughout its subchapter
The term “Program” means the national dam safety program established under section 467f of this title . (12) Rehabilitation
“rehabilitation” applies throughout its subchapter
The term “rehabilitation” means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards. (13) State
“State” applies throughout its subchapter
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (14) State dam safety agency
“State dam safety agency” applies throughout its subchapter
The term “State dam safety agency” means a State agency that has regulatory authority over the safety of non-Federal dams. (15) State dam safety program
“State dam safety program” applies throughout its subchapter
The term “State dam safety program” means a State dam safety program approved and assisted under section 467f(e) of this title . (16) Underserved community
“underserved community” applies throughout its subchapter
The term “underserved community” means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income. (17) United States The term “United States”, when used in a geographical sense, means all of the States.
“low-head dam” applies in that section
the term “low-head dam” means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.
“alteration” applies throughout its subchapter
The term “alteration” includes changes of any kind, reconstruction, or removal in whole or in part.
“bridge” applies throughout its subchapter
The term “bridge” means a lawful bridge over navigable waters of the United States, including approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic, or if a State, county, municipality, or other political subdivision is the owner or joint owner thereof, which is used and operated for the purpose of carrying highway traffic.
“bridge owner” applies throughout its subchapter
The term “bridge owner” means any State, county, municipality, or other political subdivision, or any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a case under title 11, or lessee, such terms shall include both the owner of the legal title and the person or the entity in possession or control of such bridge.
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. The term “United States”, when used in a geographical sense, includes the Territories and possessions of the United States.
“eligible applicant” applies in that section
The term “eligible applicant” means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020 , and ending on December 31, 2024 , for any of the following: (A) 1 or more international bridges in Webb County, Texas. (B) An international bridge in Cameron County, Texas. (C) An international bridge in Maverick County, Texas. (2) Presidential permit (A) In general
“Presidential permit” applies in that section
The term “Presidential permit” means— (i) an approval by the President to construct, maintain, and operate an international bridge under section 535b of this title ; or (ii) an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order). (B) Inclusion
“Secretary” applies in that section
The term “Secretary” means the Secretary of State. (b) Application An eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary. (c) Recommendation (1) In general Not later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President— (A) to grant the Presidential permit; or (B) to deny the Presidential permit. (2) Consideration The basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.
“commerce” applies in that section
the term “commerce” shall include the use of waterways by seasonal passenger craft, yachts, house boats, fishing boats, motor boats, and other similar water craft, whether or not operated for hire. The board shall have authority, with the approval of the Chief of Engineers, to rent quarters, if necessary, for the proper transaction of its business, and to employ such civil employees as may, in the opinion of the Chief of Engineers, be required for properly transacting the business assigned to it, and the necessary expenses of the board shall be paid from allotments made by the Chief of Engineers from any appropriations made by Congress for the work or works to which the duties of the board …
“debar” applies in that section
the term “debar” has the meaning that term has under section 4654(c) of title 10 .
“major renovation” applies in that section
the term “major renovation” means a renovation or alteration of a building for use by the Corps of Engineers with a total expenditure of more than $20,000,000.
“post-authorization change report” applies in that section
The term “post-authorization change report” has the meaning given such term in section 2282e(d) of this title . (2) Post-authorization study
“post-authorization study” applies in that section
The term “post-authorization study” means— (A) a feasibility report developed under section 2282 of this title ; (B) a feasibility study, as defined in section 2215(d) of this title ; or (C) a review conducted under section 549a of this title , including an initial appraisal that— (i) demonstrates a Federal interest; and (ii) requires additional analysis for the project or separable element.
“covered report” applies in that section
the term “covered report”— (A) means any report or study required to be submitted by the Secretary under this Act or any Act providing authorizations for water resources development projects enacted after January 4, 2025 , to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that has not been so submitted; and (B) does not include a feasibility study (as such term is defined in section 2215(d) of this title ).
“covered project” applies in that section
the term “covered project” means an authorized project for hurricane and storm damage reduction in any one of the following locations: (A) Brevard County, Canaveral Harbor, Florida – Mid Reach. (B) Brevard County, Canaveral Harbor, Florida – North Reach. (C) Brevard County, Canaveral Harbor, Florida – South Reach. (D) Broward County, Florida – Segment II. (E) Broward County, Florida – Segment III. (F) Dade County, Florida – Main Segment. (G) Dade County, Florida – Sunny Isles Segment. (H) Duval County, Florida. (I) Fort Pierce Beach, Florida. (J) Lee County, Florida – Captiva. (K) Lee County, Florida – Gasparilla. (L) Manatee County, Florida. (M) Martin County, Florida.
“eligible entity” applies in that section
The term “eligible entity” means a partnership between or among 2 or more entities that— (I) includes— (aa) at least 1 flood control district; and (bb) at least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State or Indian Tribe (as defined in section 5304 of title 25 ); and (II) may include any other entity (such as a nonprofit organization or institution of higher education), as determined by the Secretary. (ii) Invasive plant species
“invasive plant species” applies in that section
The term “invasive plant species” means a plant that is nonnative to the ecosystem under consideration, the introduction of which causes or is likely to cause economic harm or harm to human health. (B) Pilot program The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program under which such Secretary shall work with eligible entities to carry out activities— (i) to remove invasive plant species in riparian areas that contribute to drought conditions in— (I) the Lower Colorado River Basin; (II) the Rio Grande River Basin; (III) the Texas Gulf Coast Basin; and (IV) the Arkansas-White-Red Basin; (ii) where …
“invasive species” applies in that section
the term “invasive species” has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species ( February 3, 1999 )) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species ( December 5, 2016 ))).
“GREAT I, GREAT II, and GRRM studies” applies in that section
the term “GREAT I, GREAT II, and GRRM studies” means the studies entitled “GREAT Environmental Action Team—GREAT I—A Study of the Upper Mississippi River”, dated September 1980, “GREAT River Environmental Action Team—GREAT II—A Study of the Upper Mississippi River”, dated December 1980, and “GREAT River Resource Management Study”, dated September 1982; and;
“Master Plan” applies in that section
the term “Master Plan” means the comprehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982 , prepared by the Upper Mississippi River Basin Commission and submitted to Congress pursuant to Public Law 95–502 ;
“system” applies in that section
the terms “Upper Mississippi River system” and “system” mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois;
“Upper Mississippi River Basin Association” applies in that section
the term “Upper Mississippi River Basin Association” means an association of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, formed for the purposes of cooperative effort and united assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River System. (c) Congressional approval of Master Plan (1) Congress hereby approves the Master Plan as a guide for future water policy on the Upper Mississippi River system. Such approval shall not constitute authorization of any recommendation contained in the Master Plan. (2) Omitted.
“Upper Mississippi River system” applies in that section
the terms “Upper Mississippi River system” and “system” mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois;
“Western States” applies in that section
the term “Western States” means the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.
“money” applies in that section
the term “money” includes, but is not limited to, such bonuses, royalties and rentals (and any interest or other charge paid to the United States by reason of the late payment of any royalty, rent, bonus or other amount due to the United States) paid to the United States from a mineral lease issued under the authority of the Mineral Leasing Act for Acquired Lands [ 30 U.S.C. 351 et seq.] or paid to the United States from a mineral lease in existence at the time of the acquisition of the land by the United States.
“non-Federal interest” applies in that section
the term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42 .
“States” applies in that section
the term “States” means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes: Provided further , That
“State” applies in that section
the term “State” means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in section 5304(e) of title 25 ).
“construction” applies in that section
the term “construction” includes construction, reconstruction, or repair;
“covered encroachment” applies in that section
The term “covered encroachment” means a permanent nonproject structure that— (i) is located inside the boundaries of a flood control work; (ii) is depicted on construction drawings or operation and maintenance plans for the flood control work that are signed by an engineer of record; and (iii) is determined by the Secretary to be an encroachment of such flood control work. (B) Maintenance and upkeep
“distressed area” applies in that section
the term “distressed area” means an area which the Secretary determines due to drought conditions has an inadequate water supply which is causing, or is likely to cause, a substantial threat to the health and welfare of the inhabitants of the area including threat of damage or loss of property;
“maintenance and upkeep” applies in that section
The term “maintenance and upkeep” means all maintenance and general upkeep of a levee performed on a regular and consistent basis that is not repair and rehabilitation. (C) Repair and rehabilitation
“nonstructural alternatives” applies in that section
the term “nonstructural alternatives” includes efforts to restore or protect natural resources, including streams, rivers, floodplains, wetlands, or coasts, if those efforts will reduce flood risk. (5) Feasibility study.— (A) Determination .— Not later than 180 days after receiving, from a non-Federal sponsor of a project to repair or rehabilitate a flood control work described in paragraph (1), a request to initiate a feasibility study to further modify the relevant flood control work to provide for an increased level of protection, the Secretary shall provide to the non-Federal sponsor a written decision on whether the Secretary has the authority under section 549a of this title to …
“political subdivision” applies in that section
the term “political subdivision” means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over the water supply of such public body;
“reasonable cost” applies in that section
the term “reasonable cost” means the lesser of (i) the cost to the Secretary of constructing a well pursuant to this subsection exclusive of the cost of transporting equipment used in the construction of wells, or (ii) the cost to a private business of constructing such well;
“repair and rehabilitation” applies in that section
The term “repair and rehabilitation”— (i) means the repair or rebuilding of a levee or other flood control structure, after the structure has been damaged by a flood, to the level of protection provided by the structure before the flood; but (ii) does not include— (I) any improvement to the structure; or (II) repair or rebuilding described in clause (i) if, in the normal course of usage, the structure becomes structurally unsound and is no longer fit to provide the level of protection for which the structure was designed.
“Secretary” applies in that section
the term “Secretary” means the Secretary of the Army, acting through the Chief of Engineers; and;
“State” applies in that section
the term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (c) Eligibility (1) Levee owner’s manual Not later than 1 year after October 12, 1996 , in accordance with chapter 5 of title 5, the Secretary of the Army shall prepare a manual describing the maintenance and upkeep responsibilities that the Corps of Engineers requires of a non-Federal interest in order for the non-Federal interest to receive Federal assistance under this section.
“affected community” applies in that section
The term “affected community” means a legally constituted public body (as that term is used in section 1962d–5b(b) of title 42 )— (A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and (B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under section 701n of this title with respect to such flood events. (2) Natural feature; nature-based feature
“natural feature” applies in that section
The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a of this title . (b) Program (1) In general The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
“nature-based feature” applies in that section
The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a of this title . (b) Program (1) In general The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
“Agency” applies in that section
The term “Agency” means the Corps of Engineers, United States Army or the Bureau of Reclamation, United States Department of the Interior, whichever has jurisdiction over the project concerned.;
“head of the Agency concerned” applies in that section
The term “head of the Agency concerned” means the Chief of Engineers or the Commissioner, Bureau of Reclamation, or their respective designees.;
“water resources projects to be constructed in the future” applies in that section
The term “water resources projects to be constructed in the future” includes all projects not yet actually under construction, and, to the extent of work remaining to be completed, includes projects presently under construction where road relocations or identifiable components thereof are not complete as of the date of this section. (4) The term “time of the taking” is the date of the relocation agreement, the date of the filing of a condemnation proceeding, or a date agreed upon between the parties as the date of taking.
“affected State or States” applies in that section
The term “affected State or States” shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within the drainage basin involved and situated in a State lying wholly or in part west of the ninety-eighth meridian; and such of those which are east of the ninety-eighth meridian as, in the judgment of the Chief of Engineers, will be substantially affected.
“Mississippi River and Tributaries Project” applies in that section
The term “Mississippi River and Tributaries Project” means the Mississippi River and Tributaries project authorized by the Act of May 15, 1928 (Chap. 569; 45 Stat. 534 ).
“affected government” applies in that section
The term “affected government” means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan
“annual operating plan” applies in that section
The term “annual operating plan” means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. (b) Communication In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives;
“baseline” applies in that section
the term “baseline” means the program as set following contract award and preliminary design review of the space and ground systems. (b) Contract requirements for major programs (1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that— (A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks; (B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment; (C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce; (D) the program has …
“development” applies in that section
the term “development” means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216–108, Department of Commerce Administrative Order 208–3, and NASA’s Procedural Requirements 7120.5c, dated March 22, 2005 ;
“development cost” applies in that section
the term “development cost” means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program;
“life-cycle cost” applies in that section
the term “life-cycle cost” means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control;
“major program” applies in that section
the term “major program” means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; and;
“satellite” applies in that section
the term “satellite” means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA);
“Under Secretary” applies in that section
the term “Under Secretary” means Under Secretary of Commerce for Oceans and Atmosphere;
“significant subsidy” applies in that section
the term “significant subsidy” includes, but is not limited to, any of the following: (1) Officially supported export credits. (2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to— (A) grants; (B) loans and loan guarantees other than those available on the commercial market; (C) forgiveness of debt; (D) equity infusions on terms inconsistent with commercially reasonable investment practices; and (E) preferential provision of goods and services.
“Administration” applies throughout its subchapter
The term “Administration” means the National Oceanic and Atmospheric Administration. (3) Hydrographic data
“Administrator” applies throughout its subchapter
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. (2) Administration
“Coast and Geodetic Survey Act” applies throughout its subchapter
The term “Coast and Geodetic Survey Act” means the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 ( 33 U.S.C. 883a et seq.).
“hydrographic data” applies throughout its subchapter
The term “hydrographic data” means information that— (A) is acquired through— (i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying; (ii) geodetic, geospatial, or geomagnetic measurements; (iii) tide, water level, and current observations; or (iv) other methods; and (B) is used in providing hydrographic services. (4) Hydrographic services
“hydrographic services” applies throughout its subchapter
The term “hydrographic services” means— (A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, hydrodynamic forecast and datum transformation models, and other products derived from hydrographic data; (B) the development of nautical information systems; and (C) related activities. (5) Coast and Geodetic Survey Act
“hydrographic product” applies in that section
the term “hydrographic product” means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data. (b) Program (1) In general The Administrator— (A) by not later than 2 years after December 19, 2002 , shall, subject to the availability of appropriations, develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title ; (B) may authorize the use of the emblem or any trademark of the Administration on a …
“STEM” applies in that section
the term “STEM” means the academic and professional disciplines of science, technology, engineering, and mathematics.
“adopted” applies throughout its chapter
The terms “adoption” or “adopted” mean legal adoption prior to the time of the injury.;
“adoption” applies throughout its chapter
The terms “adoption” or “adopted” mean legal adoption prior to the time of the injury.;
“Board” applies throughout its chapter
The term “Board” shall mean the Benefits Review Board. (21) Unless the context requires otherwise,
“carrier” applies throughout its chapter
The term “carrier” means any person or fund authorized under section 932 of this title to insure under this chapter and includes self-insurers.;
“deputy commissioner” applies throughout its chapter
The term “deputy commissioner” means the deputy commissioner having jurisdiction in respect of an injury or death.;
“employee” applies throughout its chapter
The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include— (A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; (B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; (C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); (D) individuals who (i) are employed by suppliers, transporters, or …
“employer” applies throughout its chapter
The term “employer” means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel).;
“injury” applies throughout its chapter
The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.;
“national average weekly wage” applies throughout its chapter
The term “national average weekly wage” means the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls.;
“parent” applies throughout its chapter
The term “parent” includes step-parents and parents by adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the injured employee.;
“person” applies throughout its chapter
The term “person” means individual, partnership, corporation, or association.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Labor.;
“State” applies throughout its chapter
The term “State” includes a Territory and the District of Columbia. (9) The term “United States” when used in a geographical sense means the several States and Territories and the District of Columbia, including the territorial waters thereof.
“student” applies throughout its chapter
The term “student” means a person regularly pursuing a full-time course of study or training at an institution which is— (A) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, (B) a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accrediting agency or body.
“vessel” applies throughout its chapter
the term “vessel” means any vessel upon which or in connection with which any person entitled to benefits under this chapter suffers injury or death arising out of or in the course of his employment, and said vessel’s owner, owner pro hac vice, agent, operator, charter or bare boat charterer, master, officer, or crew member. (22) The singular includes the plural and the masculine includes the feminine and neuter.
“wages” applies throughout its chapter
The term “wages” means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes).
“widow or widower” applies throughout its chapter
The terms “widow or widower” includes only the decedent’s wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time.;
“Administration” applies throughout its subchapter
The term “Administration” means the National Oceanic and Atmospheric Administration.;
“Board” applies throughout its subchapter
The term “Board” means the National Sea Grant Advisory Board established under section 1128 of this title .;
“Director” applies throughout its subchapter
The term “Director” means the Director of the national sea grant college program, appointed pursuant to section 1123(b) 1 of this title. (3) the 2
“director of a sea grant college” applies throughout its subchapter
term “director of a sea grant college” means a person designated by his or her institution to direct a sea grant college or sea grant institute.;
“field related to ocean, coastal, and Great Lakes resources” applies throughout its subchapter
The term “field related to ocean, coastal, and Great Lakes resources” means any discipline or field, including marine affairs, resource management, technology, education, or science, which is concerned with or likely to improve the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, or Great Lakes resources.;
“institution” applies throughout its subchapter
The term “institution” means any public or private institution of higher education, institute, laboratory, or State or local agency. (6) The term “includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth.;
“ocean, coastal, and Great Lakes resources” applies throughout its subchapter
The term “ocean, coastal, and Great Lakes resources” means the resources that are located in, derived from, or traceable to, the seabed, subsoil, and waters of— (A) the coastal zone, as defined in section 1453(1) of title 16 ; (B) the Great Lakes; (C) Lake Champlain (to the extent that such resources have hydrological, biological, physical, or geological characteristics and problems similar or related to those of the Great Lakes); (D) the territorial sea; (E) the exclusive economic zone; (F) the Outer Continental Shelf; and (G) the high seas.;
“person” applies throughout its subchapter
The term “person” means any individual; any public or private corporation, partnership, or other association or entity (including any sea grant college, sea grant institute or other institution); or any State, political subdivision of a State, or agency or officer thereof.;
“project” applies throughout its subchapter
The term “project” means any individually described activity in a field related to ocean, coastal, and Great Lakes resources involving research, education, training, or extension services administered by a person with expertise in such a field.;
“resource” applies throughout its subchapter
The term “resource” means— (A) living resources (including natural and cultured plant life, fish, shellfish, marine mammals, and wildlife); (B) nonliving resources (including energy sources, minerals, and chemical substances); (C) the habitat of a living resource, the coastal space, the ecosystems, the nutrient-rich areas, and the other components of the marine environment that contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values; and (D) man-made, tangible, intangible, actual, or potential resources.;
“sea grant college” applies throughout its subchapter
The term “sea grant college” means any institution, or any association or alliance of two or more such institutions, designated as such by the Secretary under section 1126 of this title .;
“sea grant institute” applies throughout its subchapter
The term “sea grant institute” means any institution, or any association or alliance of two or more such institutions, designated as such by the Secretary under section 1126 of this title .;
“sea grant program” applies throughout its subchapter
The term “sea grant program” means a program of research and outreach which is administered by one or more sea grant colleges or sea grant institutes.;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.;
“State” applies throughout its subchapter
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States.
“Sea Grant Institution” applies throughout its subchapter
The term “Sea Grant Institution” means a sea grant college or sea grant institute, as those terms are defined in section 1122 of this title . (2) Tribal organization
“Tribal organization” applies throughout its subchapter
The term “Tribal organization” has the meaning given the term “tribal organization” in section 5304 of title 25 . (3) Young fisherman
“young fisherman” applies throughout its subchapter
The term “young fisherman” means an individual who— (A) desires to participate in the commercial fisheries of the United States, including the Great Lakes fisheries; (B) has worked as a captain, crew member, or deckhand on a commercial fishing vessel for not more than 10 years of cumulative service; or (C) is a beginning commercial fisherman.
“basin” applies in that section
the term “basin” includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof as well as the lands drained thereby.
“estuarine zones” applies in that section
the term “estuarine zones” means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and
“estuary” applies in that section
the term “estuary” means all or part of the mouth of a river or stream or other body of water having unimpaired natural connection with open sea and within which the sea water is measurably diluted with fresh water derived from land drainage. (o) Methods of reducing total flow of sewage and unnecessary water consumption; reports (1) The Administrator shall conduct research and investigations on devices, systems, incentives, pricing policy, and other methods of reducing the total flow of sewage, including, but not limited to, unnecessary water consumption in order to reduce the requirements for, and the costs of, sewage and waste treatment services.
“nonprofit organization” applies in that section
the term “nonprofit organization” means a nonprofit organization that the Administrator determines, after consultation with the States regarding what small publicly owned treatment works in the State find to be most beneficial and effective, is qualified and experienced in providing on-site training and technical assistance to small publicly owned treatment works.
“academic year” applies in that section
The term “academic year” means an academic year or its equivalent, as determined by the Administrator. (b) The Administrator shall annually report his activities under sections 1259 through 1262 of this title, including recommendations for needed revisions in the provisions thereof.
“institution of higher education” applies in that section
The term “institution of higher education” means an educational institution described in the first sentence of section 1001 of title 20 (other than an institution of any agency of the United States) which is accredited by a nationally recognized accrediting agency or association approved by the Administrator for this purpose. For purposes of this subsection, the Administrator shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.;
“sanitation services” applies in that section
The term “sanitation services” shall mean water supply, sewage disposal, solid waste disposal and other services necessary to maintain generally accepted standards of personal hygiene and public health.
“village” applies in that section
the term “village” shall mean an incorporated or unincorporated community with a population of ten to six hundred people living within a two-mile radius.
“administrative cost” applies in that section
The term “administrative cost” means the cost of salaries and fringe benefits incurred in administering a grant under this section. (2) Chesapeake Bay Agreement
“Chesapeake Bay Agreement” applies in that section
The term “Chesapeake Bay Agreement” means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council. (3) Chesapeake Bay ecosystem
“Chesapeake Bay ecosystem” applies in that section
The term “Chesapeake Bay ecosystem” means the ecosystem of the Chesapeake Bay and its watershed. (4) Chesapeake Bay Program
“Chesapeake Bay Program” applies in that section
The term “Chesapeake Bay Program” means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement. (5) Chesapeake Executive Council
“Chesapeake Executive Council” applies in that section
The term “Chesapeake Executive Council” means the signatories to the Chesapeake Bay Agreement. (6) Signatory jurisdiction
“signatory jurisdiction” applies in that section
The term “signatory jurisdiction” means a jurisdiction of a signatory to the Chesapeake Bay Agreement. (b) Continuation of Chesapeake Bay Program (1) In general In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program. (2) Program Office (A) In general The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office.
“Initiative Action Plan” applies in that section
the term “Initiative Action Plan” means the comprehensive, multiyear action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 ( Public Law 111–88 ). (J) Funding (i) In general There are authorized to be appropriated to carry out this paragraph— (I) $300,000,000 for each of fiscal years 2017 through 2021; (II) $375,000,000 for fiscal year 2022; (III) $400,000,000 for fiscal year 2023; (IV) $425,000,000 for fiscal year 2024; (V) $450,000,000 for fiscal year 2025; and (VI) $475,000,000 for fiscal year 2026.
“Great Lakes” applies in that section
The terms “Great Lakes” and “Great Lakes State” have the same meanings as such terms have in section 1962d–22 of title 42 .;
“Great Lakes restoration activities” applies in that section
The term “Great Lakes restoration activities” means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem.
“Great Lakes State” applies in that section
The terms “Great Lakes” and “Great Lakes State” have the same meanings as such terms have in section 1962d–22 of title 42 .;
“Lake Champlain drainage basin” applies in that section
The term “Lake Champlain drainage basin” means all or part of Clinton, Franklin, Hamilton, Warren, Essex, and Washington counties in the State of New York and all or part of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans, and Caledonia counties in Vermont, that contain all of the streams, rivers, lakes, and other bodies of water, including wetlands, that drain into Lake Champlain. (3) Plan