r/title-43-PUBLIC-LANDS wiki — defined terms
The statute’s own glossary: every term Title 43 defines, in section order.
“Vietnam era” applies in that section
the terms “veteran” and “Vietnam era” have the meanings given those terms by paragraphs (2) and (29), respectively, of section 101 of title 38 . (e) Regulations No later than 18 months after October 21, 1998 , the Secretary of the Interior shall promulgate, after consultation with Alaska Natives groups, rules to carry out this section.
“available Federal land” applies in that section
The term “available Federal land” means Federal land in the State that— (i) is vacant, unappropriated, and unreserved and is identified as available for selection under subsection (b)(5); or (ii) has been selected by, but not yet conveyed to— (I) the State, if the State agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual; or (II) a Regional Corporation or a Village Corporation, if the Regional Corporation or Village Corporation agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual.
“eligible individual” applies in that section
The term “eligible individual” means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is— (A) a Native veteran— (i) who served in the Armed Forces during the period between August 5, 1964 , and December 31, 1971 ; and (ii) has not received an allotment made pursuant to— (I) the Act of May 17, 1906 ( 34 Stat.
“Native” applies in that section
The terms “Native”, “Regional Corporation”, and “Village Corporation” have the meanings given those terms in section 1602 of this title . (4) State
“Regional Corporation” applies in that section
The terms “Native”, “Regional Corporation”, and “Village Corporation” have the meanings given those terms in section 1602 of this title . (4) State
“State” applies in that section
The term “State” means the State of Alaska. (5) Veteran
“veteran” applies in that section
The term “veteran” has the meaning given the term in section 101 of title 38 . (b) Allotments for eligible individuals (1) Information to determine eligibility (A) In general Not later than 180 days after March 12, 2019 , the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Secretary a list of all members of the Armed Forces who served during the period between August 5, 1964 , and December 31, 1971 . (B) Use The Secretary shall use the information provided under subparagraph (A) to determine whether an individual meets the military service requirements under subsection (a)(2)(A)(i).
“Village Corporation” applies in that section
The terms “Native”, “Regional Corporation”, and “Village Corporation” have the meanings given those terms in section 1602 of this title . (4) State
“Native Corporation” applies in that section
the term “Native Corporation” means Village Corporations and Regional Corporations.
“Native Village” applies in that section
the term “Native Village” has the same meaning such term has in section 3(c) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1602(c) ]. (B) Where two or more Village Corporations are entitled to the same land by virtue of the same township or townships embracing all or part of the Native Villages, the conveyance made by paragraph (A) shall not be effective as to such lands until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Within thirty days of receipt of such decision or agreement, the Secretary shall publish notice of the decision or agreement in the Federal Register.
“agency” applies in that section
the term “agency” means a unit of the executive branch of the Federal Government which is not under the jurisdiction of a head of a department.;
“areas of critical environmental concern” applies in that section
The term “areas of critical environmental concern” means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and safety from natural hazards.;
“department” applies in that section
The term “department” means a unit of the executive branch of the Federal Government which is headed by a member of the President’s Cabinet and
“eleven contiguous Western States” applies in that section
The term “eleven contiguous Western States” means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.;
“grazing permit and lease” applies in that section
The term “grazing permit and lease” means any document authorizing use of public lands or lands in National Forests in the eleven contiguous western States for the purpose of grazing domestic livestock.
“holder” applies in that section
The term “holder” means any State or local governmental entity, individual, partnership, corporation, association, or other business entity receiving or using a right-of-way under subchapter V of this chapter.;
“multiple use” applies in that section
The term “multiple use” means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to, …
“principal or major uses” applies in that section
The term “principal or major uses” includes, and is limited to, domestic livestock grazing, fish and wildlife development and utilization, mineral exploration and production, rights-of-way, outdoor recreation, and timber production.;
“public involvement” applies in that section
The term “public involvement” means the opportunity for participation by affected citizens in rulemaking, decisionmaking, and planning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular instance.;
“public lands” applies in that section
The term “public lands” means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except— (1) lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts, and Eskimos.;
“right-of-way” applies in that section
The term “right-of-way” includes an easement, lease, permit, or license to occupy, use, or traverse public lands granted for the purpose listed in subchapter V of this chapter. (g) The term “Secretary”, unless specifically designated otherwise, means the Secretary of the Interior.;
“sustained yield” applies in that section
The term “sustained yield” means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public lands consistent with multiple use. (i) The term “wilderness” as used in section 1782 of this title shall have the same meaning as it does in section 1131(c) of title 16 .;
“withdrawal” applies in that section
The term “withdrawal” means withholding an area of Federal land from settlement, sale, location, or entry, under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than “property” governed by the Federal Property and Administrative Services Act, as amended ( 40 U.S.C. 472 ) 1 from one department, bureau or agency to another department, bureau or agency.
“costs or other responsibilities or requirements” applies in that section
the term “costs or other responsibilities or requirements” shall include, but not be limited to, costs or other requirements associated with land surveys and appraisals, mineral examinations, title searches, archeological surveys and salvage, removal of encumbrances, arbitration pursuant to subsection (d) of this section, curing deficiencies preventing highest and best use, and other costs to comply with laws, regulations and policies applicable to exchange transactions, or which are necessary to bring the Federal or non-Federal lands or interests involved in the exchange to their highest and best use for the appraisal and exchange purposes.
“conservation system unit” applies in that section
the term “conservation system unit” has the same meaning as specified in section 3102 of title 16 .
“good Samaritan search-and-recovery mission” applies in that section
The term “good Samaritan search-and-recovery mission” means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary or the Secretary of Agriculture, as applicable. (b) Process (1) In general Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.
“Federal land” applies in that section
The term “Federal land” means— (A) public land, as defined in section 1702 of this title ; (B) units of the National Park System; (C) refuges of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and (E) land in the National Forest System, as defined in section 1609(a) of title 16 . (2) FLAME Fund
“FLAME Fund” applies in that section
The term “FLAME Fund” means a FLAME Wildfire Suppression Reserve Fund established by subsection (b). (3) Relevant congressional committees
“relevant congressional committees” applies in that section
The term “relevant congressional committees” means the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate. (4) Secretary concerned
“Secretary concerned” applies in that section
The term “Secretary concerned” means— (A) the Secretary of the Interior, with respect to— (i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and (ii) the FLAME Fund established for the Department of the Interior; and (B) the Secretary of Agriculture, with respect to— (i) National Forest System land; and (ii) the FLAME Fund established for the Department of the Agriculture. (b) Establishment of FLAME Funds There is established in the Treasury of the United States the following accounts: (1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior. (2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture.
“Secretaries” applies in that section
The term “Secretaries” means— (A) the Secretary of Agriculture; and (B) the Secretary. (2) Secretary concerned
“Secretary concerned” applies in that section
The term “Secretary concerned” means— (A) the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and (B) the Secretary, with respect to activities under the Department of the Interior. (c) Unmanned aircraft systems (1) Definitions In this subsection,
“unmanned aircraft” applies in that section
the terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49 . (2) Establishment of program Not later than 180 days after March 12, 2019 , the Secretary, in consultation with the Secretary of Agriculture, shall establish a research, development, and testing program, or expand an applicable existing program, to assess unmanned aircraft system technologies, including optionally piloted aircraft, across the full range of wildland fire management operations in order to accelerate the deployment and integration of those technologies into the operations of the Secretaries.
“unmanned aircraft system” applies in that section
the terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49 . (2) Establishment of program Not later than 180 days after March 12, 2019 , the Secretary, in consultation with the Secretary of Agriculture, shall establish a research, development, and testing program, or expand an applicable existing program, to assess unmanned aircraft system technologies, including optionally piloted aircraft, across the full range of wildland fire management operations in order to accelerate the deployment and integration of those technologies into the operations of the Secretaries.
“Board” applies in that section
The term “Board” means the Board of Directors of the Foundation established under subsection (c). (2) Foundation
“Foundation” applies in that section
The term “Foundation” means the Bureau of Land Management Foundation established by subsection (b)(1)(A). (3) Public land
“public land” applies in that section
The term “public land” has the meaning given the term “public lands” in section 1702 of this title . (4) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (5) Wild free-roaming horses and burros
“wild free-roaming horses and burros” applies in that section
The term “wild free-roaming horses and burros” has the meaning given the term in section 1332 of title 16 . (b) Establishment and purposes (1) Establishment (A) In general There is established a foundation, to be known as the “Bureau of Land Management Foundation”. (B) Limitation The Foundation shall not be considered to be an agency or establishment of the United States. (C) Tax exemption The Foundation shall be considered to be a charitable and nonprofit corporation under section 501(c)(3) of title 26 .
“communications facility” applies in that section
The term “communications facility” includes— (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that— (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; …
“communications site” applies in that section
The term “communications site” means an area of covered land designated for communications uses. (3) Communications use
“communications use” applies in that section
The term “communications use” means the placement and operation of a communications facility. (4) Communications use authorization
“communications use authorization” applies in that section
The term “communications use authorization” means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use. (5) Covered land
“covered land” applies in that section
The term “covered land” means National Forest System land. (6) Forest Service
“Forest Service” applies in that section
The term “Forest Service” means the United States Forest Service of the Department of Agriculture. (7) Organizational unit
“organizational unit” applies in that section
The term “organizational unit” means, within the Forest Service— (A) a regional office; (B) the headquarters; (C) a management unit; or (D) a ranger district office. (b) Regulations Notwithstanding section 1455 of title 47 or section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 ( Public Law 115–141 ), not later than 1 year after December 20, 2018 , the Secretary shall issue regulations— (1) to streamline the process for considering applications to locate or modify communications facilities on covered land; (2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest …
“antitrust laws” applies in that section
the term “antitrust laws” includes the Act of July 2, 1890 (26 Stat. 1 15 U.S.C. 1 et seq.); the Act of October 15, 1914 ( 38 Stat. 730 , 15 U.S.C. 12 et seq.); the Federal Trade Commission Act ( 38 Stat. 717 ; 15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894 [ 15 U.S.C. 8 , 9].
“hazard tree” applies in that section
The term “hazard tree” means any tree or part thereof (whether located inside or outside a right-of-way) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary concerned or the owner or operator of a transmission or distribution facility to be— (A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle; and (B) if the tree or part of the tree failed, likely to— (i) cause substantial damage or disruption to a transmission or distribution facility; or (ii) come within 10 feet of an electric power line. (2) Owner; operator
“operator” applies in that section
The terms “owner” and “operator” include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. (3) Plan
“owner” applies in that section
The terms “owner” and “operator” include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. (3) Plan
“plan” applies in that section
The term “plan” means a vegetation management, facility inspection, and operation and maintenance plan that— (A) is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or more electric transmission and distribution rights-of-way; and (B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within the width of the right-of-way and abutting Federal land, including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards. (4) Secretary concerned
“Secretary concerned” applies in that section
The term “Secretary concerned” means— (A) the Secretary, with respect to public lands; and (B) the Secretary of Agriculture, with respect to National Forest System land. (b) Guidance (1) In general To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal land, including hazard trees, the Secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, …
“California desert” applies in that section
the term “California desert” means the area generally depicted on a map entitled “California Desert Conservation Area—Proposed” dated April 1974, and described as provided in subsection (c)(2). (2) As soon as practicable after October 21, 1976 , the Secretary shall file a revised map and a legal description of the California Desert Conservation Area with the Committees on Interior and Insular Affairs of the United States Senate and the House of Representatives, and such map and description shall have the same force and effect as if included in this Act. Correction of clerical and typographical errors in such legal description and a map may be made by the Secretary.
“Light Station” applies in that section
The term “Light Station” means Piedras Blancas Light Station. (2) Outstanding Natural Area
“Outstanding Natural Area” applies in that section
The term “Outstanding Natural Area” means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to subsection (c). (3) Public lands
“public lands” applies in that section
The term “public lands” has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1703(e) ). 1 (4) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (b) Findings Congress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. (3) The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities.
“Commandant” applies in that section
The term “Commandant” means the Commandant of the Coast Guard. (2) Lighthouse
“Lighthouse” applies in that section
The term “Lighthouse” means the Jupiter Inlet Lighthouse located in Palm Beach County, Florida. (3) Local Partners
“Local Partners” applies in that section
The term “Local Partners” includes— (A) Palm Beach County, Florida; (B) the Town of Jupiter, Florida; (C) the Village of Tequesta, Florida; and (D) the Loxahatchee River Historical Society. (4) Management plan
“management plan” applies in that section
The term “management plan” means the management plan developed under subsection (c)(1). (5) Map
“map” applies in that section
The term “map” means the map entitled “Jupiter Inlet Lighthouse Outstanding Natural Area” and dated October 29, 2007 . (6) Outstanding Natural Area
“Outstanding Natural Area” applies in that section
The term “Outstanding Natural Area” means the Jupiter Inlet Lighthouse Outstanding Natural Area established by subsection (b)(1). (7) Public land
“public land” applies in that section
The term “public land” has the meaning given the term “public lands” in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (8) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (9) State
“State” applies in that section
The term “State” means the State of Florida. (b) Establishment of the Jupiter Inlet Lighthouse Outstanding Natural Area (1) Establishment Subject to valid existing rights, there is established for the purposes described in paragraph (2) the Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map.
“resulting economic loss” applies in that section
the term “resulting economic loss” means the gross income, as estimated by the Secretary, that a commercial fisherman who is eligible for compensation under this section will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the damaged or lost fishing gear concerned is repaired or replaced and available for use.
“court ordered environmental impact statement” applies throughout its chapter
The term “court ordered environmental impact statement” means any environmental statements which are required to be prepared by the Secretary of the Interior pursuant to the final judgment or subsequent modification thereof as set forth on June 18, 1975 , in the matter of Natural Resources Defense Council against Andrus. (h) The term “Secretary” unless specifically designated otherwise, means the Secretary of the Interior.;
“grazing permit and lease” applies throughout its chapter
The term “grazing permit and lease” means any document authorizing use of public lands or lands in national forests in the sixteen contiguous Western States for the purpose of grazing domestic livestock.;
“native vegetation” applies throughout its chapter
The term “native vegetation” means those plant species, communities, or vegetative associations which are endemic to a given area and which would normally be identified with a healthy and productive range condition occurring as a result of the natural vegetative process of the area.;
“public rangelands” applies throughout its chapter
The terms “rangelands” or “public rangelands” means lands administered by the Secretary of the Interior through the Bureau of Land Management or the Secretary of Agriculture through the Forest Service in the sixteen contiguous Western States on which there is domestic livestock grazing or which the Secretary concerned determines may be suitable for domestic livestock grazing. (b) The term “allotment management plan” is the same as defined in section 1702(k) of this title , except that as used in this chapter such term applies to the sixteen contiguous Western States.;
“range condition” applies throughout its chapter
The term “range condition” means the quality of the land reflected in its ability in specific vegetative areas to support various levels of productivity in accordance with range management objectives and the land use planning process, and relates to soil quality, forage values (whether seasonal or year round), wildlife habitat, watershed and plant communities, the present state of vegetation of a range site in relation to the potential plant community for that site, and the relative degree to which the kinds, proportions, and amounts of vegetation in a plant community resemble that of the desired community for that site.;
“range improvement” applies throughout its chapter
The term “range improvement” means any activity or program on or relating to rangelands which is designed to improve production of forage; change vegetative composition; control patterns of use; provide water; stabilize soil and water conditions; and provide habitat for livestock and wildlife. The term includes, but is not limited to, structures, treatment projects, and use of mechanical means to accomplish the desired results.;
“rangelands” applies throughout its chapter
The terms “rangelands” or “public rangelands” means lands administered by the Secretary of the Interior through the Bureau of Land Management or the Secretary of Agriculture through the Forest Service in the sixteen contiguous Western States on which there is domestic livestock grazing or which the Secretary concerned determines may be suitable for domestic livestock grazing. (b) The term “allotment management plan” is the same as defined in section 1702(k) of this title , except that as used in this chapter such term applies to the sixteen contiguous Western States.;
“sixteen contiguous Western States” applies throughout its chapter
The term “sixteen contiguous Western States” means the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming.
“crude oil transportation system” applies throughout its chapter
The term “crude oil transportation system” means a crude oil delivery system (including the location of such system) for transporting Alaskan and other crude oil to northern tier States and inland States, but such term does not include the Long Beach-Midland project.;
“Federal agency” applies throughout its chapter
The term “Federal agency” means an Executive agency, as defined in section 105 of title 5 .
“inland States” applies throughout its chapter
The term “inland States” means those States in the United States other than northern tier States and the States of California, Alaska, and Hawaii.;
“Long Beach-Midland project” applies throughout its chapter
The term “Long Beach-Midland project” means the crude oil delivery system which was the subject of, and is generally described in, the “Final Environmental Impact Statement, Crude Oil Transportation System: Valdez, Alaska, to Midland, Texas (as proposed by Sohio Transportation Company)”, the availability of which was announced by the Department of the Interior in the Federal Register on June 1, 1977 (42 Fed. Reg. 28008).;
“northern tier States” applies throughout its chapter
The term “northern tier States” means the States of Washington, Oregon, Idaho, Montana, North Dakota, Minnesota, Michigan, Wisconsin, Illinois, Indiana, and Ohio.;
“embedded” applies throughout its chapter
the term “embedded” means firmly affixed in the submerged lands or in coralline formations such that the use of tools of excavation is required in order to move the bottom sediments to gain access to the shipwreck, its cargo, and any part thereof;
“Indian lands” applies throughout its chapter
the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 2 Protection Act of 1979 ( 16 U.S.C. 470aa–470 ll );
“Indian tribe” applies throughout its chapter
the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 2 Protection Act of 1979 ( 16 U.S.C. 470aa–470 ll );
“National Register” applies throughout its chapter
the term “National Register” means the National Register of Historic Places maintained by the Secretary of the Interior under section 101 of the National Historic Preservation Act ( 16 U.S.C. 470a ); 1;
“public lands” applies throughout its chapter
the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 2 Protection Act of 1979 ( 16 U.S.C. 470aa–470 ll );
“shipwreck” applies throughout its chapter
the term “shipwreck” means a vessel or wreck, its cargo, and other contents;
“State” applies throughout its chapter
the term “State” means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands; and;
“submerged lands” applies throughout its chapter
the term “submerged lands” means the lands— (1) that are “lands beneath navigable waters,” as defined in section 1301 of this title ; (2) of Puerto Rico, as described in section 749 of title 48 ; (3) of Guam, the Virgin Islands and American Samoa, as described in section 1705 of title 48 ; and (4) of the Commonwealth of the Northern Mariana Islands, as described in section 801 of Public Law 94–241 . 1
“Federal Reclamation laws” applies throughout its chapter
The term “Federal Reclamation laws” means the Act of June 17, 1902 ( 32 Stat. 388 ) and Acts supplementary thereto and amendatory thereof.;
“Federal Reclamation project” applies throughout its chapter
The term “Federal Reclamation project” means any project constructed or funded under Federal Reclamation law. Such term includes projects having approved loans under the Small Reclamation Projects Act of 1956 ( 70 Stat. 1044 ) [ 43 U.S.C. 422a et seq.].
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior.;
“exceptional resource” applies throughout its chapter
The term “exceptional resource” means a resource of scientific, natural, historic, cultural, recreational access and use, or other recreational value that has been documented by a Federal, State, or local governmental authority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public. (2) Federally designated area
“federally designated area” applies throughout its chapter
The term “federally designated area” means land in Alaska and the eleven contiguous Western States (as defined in section 1702( o ) of this title) that is within the boundary of— (A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled “Fish and Wildlife”) of part I of Appendix C of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural …
“inholding” applies throughout its chapter
The term “inholding” means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area. (5) Public land
“public land” applies throughout its chapter
The term “public land” means public lands (as defined in section 1702 of this title ). (6) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior.
“construction” applies throughout its subchapter
The term “construction” means the installation of infrastructure and the upgrading of existing facilities in locations in which the infrastructure or facilities are associated with the new infrastructure of a rural water project recommended by the Secretary pursuant to this subchapter. (2) Federal reclamation law
“Federal reclamation law” applies throughout its subchapter
The term “Federal reclamation law” means the Act of June 17, 1902 ( 32 Stat. 388 , chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.). (3) Indian
“Indian” applies throughout its subchapter
The term “Indian” means an individual who is a member of an Indian tribe. (4) Indian tribe
“Indian tribe” applies throughout its subchapter
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (5) Non-Federal project entity
“non-Federal project entity” applies throughout its subchapter
The term “non-Federal project entity” means a State, regional, or local authority, Indian tribe or tribal organization, or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association. (6) Operations, maintenance, and replacement costs (A) In general
“operations, maintenance, and replacement costs” applies throughout its subchapter
The term “operations, maintenance, and replacement costs” means all costs for the operation of a rural water supply project that are necessary for the safe, efficient, and continued functioning of the project to produce the benefits described in a feasibility study. (B) Inclusions
“Program” applies throughout its subchapter
The term “Program” means the rural water supply program carried out under section 2402 of this title . (8) Reclamation States
“Reclamation States” applies throughout its subchapter
The term “Reclamation States” means the States and areas referred to in the first section of the Act of June 17, 1902 ( 43 U.S.C. 391 ). (9) Rural water supply project (A) In general
“rural water supply project” applies throughout its subchapter
The term “rural water supply project” means a project that is designed to serve a community or group of communities, each of which has a population of not more than 50,000 inhabitants, which may include Indian tribes and tribal organizations, dispersed homesites, or rural areas with domestic, industrial, municipal, and residential water. (B) Inclusion
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior. (11) Tribal organization
“tribal organization” applies throughout its subchapter
The term “tribal organization” means— (A) the recognized governing body of an Indian tribe; and (B) any legally established organization of Indians that is controlled, sanctioned, or chartered by the governing body or democratically elected by the adult members of the Indian community to be served by the organization.
“Indian tribe” applies throughout its subchapter
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (2) Lender
“lender” applies throughout its subchapter
The term “lender” means— (A) a non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulation 1 (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq.)); or (B) a clean renewable energy bond lender (as defined in section 54(j)(2) 2 of title 26 (as in effect on December 22, 2006 )). (3) Loan guarantee
“loan guarantee” applies throughout its subchapter
The term “loan guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2 . (4) Non-Federal borrower
“non-Federal borrower” applies throughout its subchapter
The term “non-Federal borrower” means— (A) a State (including a department, agency, or political subdivision of a State); or (B) a conservancy district, irrigation district, canal company, water users’ association, Indian tribe, an agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law. (5) Obligation
“obligation” applies throughout its subchapter
The term “obligation” means a loan or other debt obligation that is guaranteed under this section. (6) Project
“project” applies throughout its subchapter
The term “project” means— (A) a rural water supply project (as defined in section 2401(9) of this title ); (B) an extraordinary operation and maintenance activity for, or the rehabilitation or replacement of, a facility— (i) that is authorized by Federal reclamation law and constructed by the United States under such law; or (ii) in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or (C) an improvement to water infrastructure directly associated with a reclamation project that, based on a determination of the Secretary— (i) improves water management; and (ii) fulfills other Federal goals. (7) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior.
“CBWR land” applies in that section
The term “CBWR land” means the land (commonly known as “Coos Bay Wagon Road grant land”) that— (A) was reconveyed to the United States under the Act of February 26, 1919 ( 40 Stat. 1179 , chapter 47); and (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 ( 43 U.S.C. 1181a et seq.). (3) Geographic area
“geographic area” applies in that section
The term “geographic area” means the area in the State of Oregon within the boundaries of the Medford District, Roseburg District, Eugene District, Salem District, Coos Bay District, and Klamath Resource Area of the Lakeview District of the Bureau of Land Management, as the districts and the resource area were constituted on January 1, 1998 . (4) Secretary
“O & C land” applies in that section
The term “O & C land” means the land (commonly known as “Oregon and California Railroad grant land”) that— (A) revested in the United States under the Act of June 9, 1916 ( 39 Stat. 218 , chapter 137); and (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 ( 43 U.S.C. 1181a et seq.). (2) CBWR land
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (b) Policy of no net loss of O & C land and CBWR land In carrying out sales, purchases, and exchanges of land in the geographic area, the Secretary shall ensure that on October 30, 2008 , and on the expiration of each 10-year period thereafter, the number of acres of O & C land and CBWR land in the geographic area is not less than the number of acres of such land on October 30, 1998 .
“Advisory Committee” applies throughout its chapter
the term “Advisory Committee” means the National Geospatial Advisory Committee established under section 2803(a) of this title ;
“Committee” applies throughout its chapter
the term “Committee” means the Federal Geographic Data Committee established under section 2802(a) of this title ;
“covered agency” applies throughout its chapter
the term “covered agency”— (A) means— (i) an Executive department, as defined in section 101 of title 5 that collects, produces, acquires, maintains, distributes, uses, or preserves geospatial data on paper or in electronic form to fulfill the mission of the Executive department, either directly or through a relationship with another organization, including a State, local government, Indian tribe, institution of higher education, business partner or contractor of the Federal Government, and the public; (ii) the National Aeronautics and Space Administration; or (iii) the General Services Administration; and (B) does not include the Department of Defense (including 30 components and agencies …
“GeoPlatform” applies throughout its chapter
the term “GeoPlatform” means the GeoPlatform described in section 2807(a) of this title ;
“geospatial data” applies throughout its chapter
the term “geospatial data”— (A) means information that is tied to a location on the Earth, including by identifying the geographic location and characteristics of natural or constructed features and boundaries on the Earth, and that is generally represented in vector datasets by points, lines, polygons, or other complex geographic features or phenomena; (B) may be derived from, among other things, remote sensing, mapping, and surveying technologies; (C) includes images and raster datasets, aerial photographs, and other forms of geospatial data or datasets in digitized or non-digitized form; and (D) does not include— (i) geospatial data and activities of an Indian tribe not carried out, in …
“Indian tribe” applies throughout its chapter
the term “Indian tribe” has the meaning given that term under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); 1;
“institution of higher education” applies throughout its chapter
the term “institution of higher education” has the meaning given that term under section 1002 of title 20 ;
“intelligence community” applies throughout its chapter
the term “intelligence community” has the meaning given that term in section 3003 of title 50 ;
“lead covered agency” applies throughout its chapter
the term “lead covered agency” means a lead covered agency for a National Geospatial Data Asset data theme designated under section 2805(b)(1) of this title ;
“local government” applies throughout its chapter
the term “local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
“metadata for geospatial data” applies throughout its chapter
the term “metadata for geospatial data” means information about geospatial data, including the content, source, vintage, accuracy, condition, projection, method of collection, and other characteristics or descriptions of the geospatial data;
“National Geospatial Data Asset data theme” applies throughout its chapter
the term “National Geospatial Data Asset data theme” means the National Geospatial Data Asset core geospatial datasets (including electronic records and coordinates) relating to a topic or subject designated under section 2805 of this title ;
“National Spatial Data Infrastructure” applies throughout its chapter
the term “National Spatial Data Infrastructure” means the technology, policies, criteria, standards, and employees necessary to promote geospatial data sharing throughout the Federal Government, State, tribal, and local governments, and the private sector (including nonprofit organizations and institutions of higher education); and;
“proven practices” applies throughout its chapter
the term “proven practices” means methods and activities that advance the use of geospatial data for the benefit of society.
“implementation date” applies in that section
the term “implementation date” means the date that is 5 years after the date on which standards for each National Geospatial Data Asset data theme are established under section 2806 of this title . (b) Limitation Except as provided otherwise in this section, on and after the implementation date, a covered agency may not use Federal funds for the collection, production, acquisition, maintenance, or dissemination of geospatial data that does not comply with the applicable standards established under section 2806 of this title , as determined by the Committee.
“conveyed property” applies throughout its chapter
The term “conveyed property” means an eligible facility that has been conveyed to a qualifying entity under section 2903 of this title . (2) Eligible facility
“eligible facility” applies throughout its chapter
The term “eligible facility” means a facility that meets the criteria for potential transfer established under section 2904(a) of this title . (3) Facility (A) In general
“facility” applies throughout its chapter
The term “facility” includes a dam or appurtenant works, canal, lateral, ditch, gate, control structure, pumping station, other infrastructure, recreational facility, building, distribution and drainage works, and associated land or interest in land or water. (B) Exclusions The term “facility” does not include a Reclamation project facility, or a portion of a Reclamation project facility— (i) that is a reserved works as of March 12, 2019 ; (ii) that generates hydropower marketed by a Federal power marketing administration; or (iii) that is managed for recreation under a lease, permit, license, or other management agreement that does contribute to capital repayment. (4) Project use power
“project use power” applies throughout its chapter
The term “project use power” means the electrical capacity, energy, and associated ancillary service components required to provide the minimum electrical service needed to operate or maintain Reclamation project facilities in accordance with the authorization for the Reclamation project. (5) Qualifying entity
“qualifying entity” applies throughout its chapter
The term “qualifying entity” means an agency of a State or political subdivision of a State, a joint action or powers agency, a water users association, or an Indian Tribe or Tribal utility authority that— (A) as of the date of conveyance under this chapter, is the current operator of the eligible facility pursuant to a contract with Reclamation; and (B) as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has been managed under the reclamation laws. (6) Reclamation
“Reclamation” applies throughout its chapter
The term “Reclamation” means the Bureau of Reclamation. (7) Reclamation project
“Reclamation project” applies throughout its chapter
The term “Reclamation project” means— (A) any reclamation or irrigation project, including incidental features of the project— (i) that is authorized by the reclamation laws; (ii) that is constructed by the United States pursuant to the reclamation laws; or (iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or (B) any project constructed by the Secretary for the reclamation of land. (8) Reserved works
“reserved works” applies throughout its chapter
The term “reserved works” means any building, structure, facility, or equipment— (A) that is owned by the Bureau; and (B) for which operations and maintenance are performed, regardless of the source of funding— (i) by an employee of the Bureau; or (ii) through a contract entered into by the Commissioner. (9) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary, acting through the Commissioner of Reclamation.
“covered land” applies throughout its chapter
The term “covered land” means land that is— (A) Federal lands administered by the Secretary concerned; and (B) not excluded from the development of geothermal, solar, or wind energy under— (i) a land use plan; or (ii) other Federal law. (2) Federal land
“eligible project” applies throughout its chapter
The term “eligible project” means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy. (5) Secretary
“Federal land” applies throughout its chapter
The term “Federal land” means— (A) public land as defined by section 103 of the Federal Land Policy Management Act of 1976 ( 43 U.S.C. 1702 ); or (B) land of the National Forest System (as defined in section 1609(a) of title 16 ). (3) Land use plan
“land use plan” applies throughout its chapter
The term “land use plan” means— (A) for public land, a land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and (B) for National Forest System land, a land management plan approved, amended, or revised under section 1604 of title 16 . (4) Eligible project
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior.
“Federal land” applies in that section
The term “Federal land” means public lands (as defined in section 1702 of this title ). (2) Offshore lease sale
“offshore lease sale” applies in that section
The term “offshore lease sale” means an oil and gas lease sale— (A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.); and (B) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease. (3) Onshore lease sale