r/title-43-PUBLIC-LANDS wiki — defined terms
The statute’s own glossary: every term Title 43 defines, in section order.
“advisory committee” applies in that section
The term “advisory committee” means the advisory committee established under section 31d of this title . (2) Association
“Association” applies in that section
The term “Association” means the Association of American State Geologists. (3) Director
“Director” applies in that section
The term “Director” means the Director of the United States Geological Survey. (4) Education component
“education component” applies in that section
The term “education component” means the education component of the geologic mapping program described in section 31c(d)(3) of this title . (5) Federal component
“Federal component” applies in that section
The term “Federal component” means the Federal component of the geologic mapping program described in section 31c(d)(1) of this title . (6) Geologic mapping program
“geologic mapping program” applies in that section
The term “geologic mapping program” means the National Cooperative Geologic Mapping Program established by section 31c(a) of this title . (7) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (8) State
“State” applies in that section
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands. (9) State component
“State component” applies in that section
The term “State component” means the State component of the geologic mapping program described in section 31c(d)(2) of this title . (10) Survey
“Survey” applies in that section
The term “Survey” means the United States Geological Survey.
“Secretary” applies in that section
The term “Secretary” means the Secretary, acting through the Director of the United States Geological Survey. (2) Secretary of Commerce
“Secretary of Commerce” applies in that section
The term “Secretary of Commerce” means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (3) System
“System” applies in that section
The term “System” means the National Volcano Early Warning and Monitoring System established under subsection (b)(1)(A). (4) Volcanic Ash Advisory Center
“Volcanic Ash Advisory Center” applies in that section
The term “Volcanic Ash Advisory Center” means an entity designated by the International Civil Aviation Organization that is responsible for informing aviation interests about the presence of volcanic ash in the airspace. (b) National Volcano Early Warning and Monitoring System (1) Establishment (A) In general The Secretary shall establish within the United States Geological Survey a system, to be known as the “National Volcano Early Warning and Monitoring System”, to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity.
“critical mineral” applies in that section
the term “critical mineral” has the meaning given the term in section 1606(a) of title 30 . (b) Establishment There is established within the United States Geological Survey an initiative, to be known as the “Earth Mapping Resources Initiative” (referred to in this section as the “Initiative”).
“affiliate” applies in that section
the term “affiliate” means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person. (c) Consent Notwithstanding subsection (a) and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(1)B)) 1 on a mining claim located on lands subject to this subchapter without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under subsection (d).
“beneficiation” applies throughout its subchapter
the term “beneficiation” means the crushing and grinding of locatable mineral ore and such processes are employed to free the mineral from the other constituents, including but not necessarily limited to, physical and chemical separation techniques.;
“exploration” applies throughout its subchapter
the term “exploration” means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value;
“mineral activities” applies throughout its subchapter
The term “mineral activities” means any activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining claim. When used with respect to this term—;
“mining” applies throughout its subchapter
the term “mining” means the processes employed for the extraction of a locatable mineral from the earth; and;
“mining claim” applies throughout its subchapter
The term “mining claim” means a claim located under the general mining laws of the United States (which generally comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject to the terms and conditions of subsections (b) through (p) of this section.;
“tangible improvements” applies throughout its subchapter
The term “tangible improvements” includes agricultural, residential and commercial improvements, including improvements made by residential subdividers. (p) Minerals covered Subsections (b) through ( o ) of this section apply only to minerals not subject to disposition under— (1) the Mineral Leasing Act ( 30 U.S.C. 181 and following); (2) the Geothermal Steam Act of 1970 [ 30 U.S.C. 1001 et seq.]; or (3) the Act of July 31, 1947 , commonly known as the Materials Act of 1947 ( 30 U.S.C. 601 and following).
“district” applies throughout its subchapter
The term “district” means any grazing district established under the provisions of section 316b of this title .;
“lessee” applies throughout its subchapter
The term “lessee” means the holder of any lease.
“person” applies throughout its subchapter
The term “person” means individual, partnership, corporation, or association.;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior.;
“law enforcement personnel” applies in that section
The term “law enforcement personnel” means an employee of a Federal, State, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the Secretary and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction. (2) Reclamation project; reclamation lands
“Reclamation lands” applies in that section
The terms “Reclamation project” and “Reclamation lands” have the meaning given such terms in section 460 l –32 of title 16.
“Reclamation project” applies in that section
The terms “Reclamation project” and “Reclamation lands” have the meaning given such terms in section 460 l –32 of title 16.
“contract” applies throughout its subchapter
The term “contract” means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law.;
“district” applies throughout its subchapter
The term “district” means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water. (3);
“full cost” applies throughout its subchapter
The term “full cost” means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982 , on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982 : Provided , That operation, maintenance, and replacement charges required under Federal reclamation law, including this subchapter, shall be collected in addition to …
“individual” applies throughout its subchapter
The term “individual” means any natural person, including his or her spouse, and including other dependents thereof within the meaning of the Internal Revenue Code of 1986 ( 26 U.S.C. 152 ).;
“irrigation water” applies throughout its subchapter
The term “irrigation water” means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary.;
“landholding” applies throughout its subchapter
The term “landholding” means total irrigable acreage of one or more tracts of land situated in one or more districts owned or operated under a lease which is served with irrigation water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any landholding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that landholding.;
“limited recipient” applies throughout its subchapter
The term “limited recipient” means any legal entity established under State or Federal law benefiting more than twenty-five natural persons.;
“project” applies throughout its subchapter
The term “project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau of Reclamation for the reclamation of lands.;
“qualified recipient” applies throughout its subchapter
The term “qualified recipient” means an individual who is a citizen of the United States or a resident alien thereof or any legal entity established under State or Federal law which benefits twenty-five natural persons or less.;
“recordable contract” applies throughout its subchapter
The term “recordable contract” means a contract between the Secretary and a landowner in writing capable of being recorded under State law providing for the sale or disposition of lands held in excess of the ownership limitations of Federal reclamation law including this subchapter.;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior.
“Bureau” applies in that section
The term “Bureau” means the Bureau of Reclamation. (2) Commissioner
“Commissioner” applies in that section
The term “Commissioner” means the Commissioner of Reclamation. (3) Eligible land The term “eligible land”, with respect to a Reclamation project, means land that— (A) is authorized to receive water under State law; and (B) shares an aquifer with land located in the service area of the Reclamation project. (4) Net water storage benefit
“net water storage benefit” applies in that section
The term “net water storage benefit” means an increase in the volume of water that is— (A) stored in 1 or more aquifers; and (B) (i) available for use within the authorized service area of a Reclamation project; or (ii) stored on a long-term basis to avoid or reduce groundwater overdraft. (5) Reclamation facility
“Reclamation facility” applies in that section
The term “Reclamation facility” means each of the infrastructure assets that are owned by the Bureau at a Reclamation project. (6) Reclamation project
“Reclamation project” applies in that section
The term “Reclamation project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the “Water Conservation and Utilization Act”) ( 53 Stat. 1418 , chapter 717; 16 U.S.C. 590y et seq.), or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau for the reclamation of land.
“eligible entity” applies in that section
The term “eligible entity” means a member agency of the North Bay Water Reuse Authority of the State located in the North San Pablo Bay watershed in— (A) Marin County; (B) Napa County; (C) Solano County; or (D) Sonoma County. (2) Water reclamation and reuse project
“State” applies in that section
The term “State” means the State of California. (b) North Bay Water Reuse Program (1) In general Contingent upon a finding of feasibility, the Secretary, acting through a cooperative agreement with the State or a subdivision of the State, is authorized to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems.
“water reclamation and reuse project” applies in that section
The term “water reclamation and reuse project” means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to— (A) water quality improvement; (B) wastewater treatment; (C) water reclamation and reuse; (D) groundwater recharge and protection; (E) surface water augmentation; or (F) other related improvements. (3) State
“Southern California” applies in that section
the term “Southern California” means those portions of the counties of Imperial, Los Angeles, Orange, San Bernadino, 1 Riverside, San Diego, and Ventura within the south coast and Colorado River hydrologic regions as defined by the California Department of Water Resources. (b) Cooperation with State; Federal share The Secretary shall conduct the study authorized by this section in cooperation with the State of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total.
“Southern Arizona” applies in that section
the term “Southern Arizona” means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources. (b) Federal share The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) Report The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
“construction” applies throughout its subchapter
The term “construction” shall include rehabilitation and betterment.;
“Federal reclamation laws” applies throughout its subchapter
The term “Federal reclamation laws” shall mean the Act of June 17, 1902 ( 32 Stat. 388 ), and Acts amendatory thereof or supplementary thereto.;
“organization” applies throughout its subchapter
The term “organization” shall mean a State or a department, agency, or political subdivision thereof or a conservancy district, irrigation district, water users’ association, an agency created by interstate compact, or similar organization which has capacity to contract with the United States under the Federal reclamation laws.;
“project” applies throughout its subchapter
The term “project” shall mean (i) any complete irrigation project, or (ii) any multiple-purpose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clause (i) and (ii) or (iv) any project for the drainage of irrigated lands, without regard to whether such lands are irrigated with water supplies developed pursuant to the Federal reclamation laws, or (v) any project for the rehabilitation and betterment of a project or distinct unit described in clauses (i), (ii), (iii), and (iv): Provided , That the estimated total cost of the project described in clause (i), (ii), (iii), (iv), or …
“Secretary” applies throughout its subchapter
The term “Secretary” shall mean the Secretary of the Interior. (f) The maximum allowable estimated total project cost of a proposal submitted during any given calendar year shall be determined by the Secretary using the Bureau of Reclamation composite construction cost index for January of that year with $15,000,000 as the January 1971 base.
“Federal irrigation project” applies throughout its subchapter
the term “Federal irrigation project” means any irrigation project subject to the Federal reclamation laws (Act of June 17, 1902 , 32 Stat. 388 , and Acts amendatory thereof or supplementary thereto), to which laws this subchapter itself shall be deemed a supplement.
“construction charges” applies throughout its subchapter
The term “construction charges” shall mean the amounts of principal obligations payable to the United States under water-right applications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation.;
“development unit” applies throughout its subchapter
The term “development unit” shall mean a part of a project which, for purposes of orderly engineering or reclamation development, is designated as a development unit by order of the Secretary.;
“division of a project” applies throughout its subchapter
The term “division of a project” shall mean any part of a project designated as a division by order of the Secretary or any phase or feature of project operations given a separate designation as a division by order of the Secretary for the purposes of orderly and efficient administration.;
“Federal reclamation laws” applies throughout its subchapter
The term “Federal reclamation laws” shall mean the Act of June 17, 1902 ( 32 Stat. 388 ), and all Acts amendatory thereof or supplementary thereto.;
“irrigation block” applies throughout its subchapter
The term “irrigation block” shall mean an area of arid or semiarid lands in a project in which, in the judgment of the Secretary, the irrigable lands should be reclaimed and put under irrigation at substantially the same time, and which is designated as an irrigation block by order of the Secretary.
“organization” applies throughout its subchapter
The term “organization” shall mean any conservancy district, irrigation district, water users’ association, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws.;
“project” applies throughout its subchapter
The term “project” shall mean any reclamation or irrigation project, including incidental features thereof, authorized by the Federal reclamation laws, or constructed by the United States pursuant to said laws, or in connection with which there is a repayment contract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes.;
“project contract unit” applies throughout its subchapter
The term “project contract unit” shall mean a project or any substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall be a separate project contract unit. On any project where there are either two or more repayment contracts on a single project contract unit or two or more project contract units, the repayment contracts or project contract units may be merged by agreements in form satisfactory to the Secretary.;
“repayment contract” applies throughout its subchapter
The term “repayment contract” shall mean any contract providing for payment of construction charges to the United States.;
“Secretary” applies throughout its subchapter
The term “Secretary” shall mean the Secretary of the Interior.;
“conduit” applies in that section
The term “conduit” means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (B) Irrigation district .—
“irrigation district” applies in that section
The term “irrigation district” means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. (C) Reserved conduit .—
“reserved conduit” applies in that section
The term “reserved conduit” means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. (D) Transferred conduit .—
“small conduit hydropower” applies in that section
The term “small conduit hydropower” means a facility capable of producing 5 megawatts or less of electric capacity. (d) Delivery of water for irrigation; repayment contract prerequisites No water may be delivered for irrigation of lands in connection with any new project, new division of a project, or supplemental works on a project until an organization, satisfactory in form and powers to the Secretary, has entered into a repayment contract with the United States, in a form satisfactory to the Secretary, providing among other things— (1) That the Secretary may fix a development period for each irrigation block, if any, of not to exceed ten years from and including the first calendar year …
“transferred conduit” applies in that section
The term “transferred conduit” means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. (E) Small conduit hydropower .—
“long-term contract” applies in that section
the term “long-term contract” shall mean any contract the term of which is more than ten years.
“asset” applies in that section
The term “asset” means any of the following assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions
“Asset Management Report” applies in that section
The term “Asset Management Report” means— (A) the annual plan prepared by the Bureau known as the “Asset Management Plan”; and (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau to evaluate and manage infrastructure assets of the Bureau. (3) Major repair and rehabilitation need
“major repair and rehabilitation need” applies in that section
The term “major repair and rehabilitation need” means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.
“extraordinary operation and maintenance work” applies throughout its subchapter
The term “extraordinary operation and maintenance work” means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is— (A) intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and (B) greater than 10 percent of the contractor’s or the transferred works operating entity’s annual operation and maintenance budget for the facility, or greater than $100,000.
“inspection” applies throughout its subchapter
The term “inspection” means an inspection of a project facility carried out by the Secretary— (A) to assess and determine the general condition of the project facility; and (B) to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur. (2) Project facility
“project facility” applies throughout its subchapter
The term “project facility” means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the Federal reclamation law (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.) 1 . (3) Reserved works
“reserved works” applies throughout its subchapter
The term “reserved works” mean 2 any project facility at which the Secretary carries out the operation and maintenance of the project facility. (4) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation. (5) Transferred works
“transferred works” applies throughout its subchapter
The term “transferred works” means a project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract. (6) Transferred works operating entity
“transferred works operating entity” applies throughout its subchapter
The term “transferred works operating entity” means the organization which is contractually responsible for operation and maintenance of transferred works. (7) Extraordinary operation and maintenance work
“Rio Grande Compact” applies throughout its chapter
The term “Rio Grande Compact” shall mean that certain compact executed on March 18, 1938 , by commissioners representing the States of Colorado, New Mexico, and Texas and consented to by the Congress of the United States of America by Act of May 31, 1939 ( 53 Stat. 785 );
“States of the Upper Colorado River Basin” applies throughout its chapter
The term “States of the Upper Colorado River Basin” shall mean the States of Arizona, Colorado, New Mexico, Utah, and Wyoming; The term “Upper Colorado River Basin” shall have the same meaning as the term “Upper Basin”;
“Treaty with the United Mexican States” applies throughout its chapter
The term “Treaty with the United Mexican States” shall mean that certain treaty between the United States of America and the United Mexican States, signed at Washington, District of Columbia, February 3, 1944 , relating to the utilization of the waters of the Colorado River and other rivers, as amended and supplemented by the protocol dated November 14, 1944 , and the understandings recited in the Senate resolution of April 18, 1945 , advising and consenting to ratification thereof.
“Upper Colorado River Basin Compact” applies throughout its chapter
The term “Upper Colorado River Basin Compact” shall mean that certain compact executed on October 11, 1948 by commissioners representing the States of Arizona, Colorado, New Mexico, Utah, and Wyoming, and consented to by the Congress of the United States of America by Act of April 6, 1949 ( 63 Stat. 31 );
“cadastre” applies in that section
The term “cadastre” means an inventory of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth, and any information related to the data, including— (i) surveys; (ii) maps; (iii) charts; (iv) satellite and airborne remote sensing data; (v) images; and (vi) services of an architectural or engineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as— (I) a surveyor; (II) a photogrammetrist; (III) a hydrographer; (IV) a geodesist; or (V) a cartographer. (B) Inclusions
“Federal real property” applies in that section
The term “Federal real property” means any real property owned, leased, or otherwise managed by the Secretary concerned. (B) Exclusions The term “Federal real property” does not include— (i) real property held in trust by the Federal Government for the benefit of 1 or more Indian Tribes or individual Indians; or (ii) restricted land owned by an Indian Tribe or individual Indians. (3) Real property
“real property” applies in that section
The term “real property” means real estate consisting of— (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). (4) Secretary concerned
“Secretary concerned” applies in that section
The term “Secretary concerned” means— (A) the Secretary; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Cadastre of Federal real property (1) Interagency data standardization Not later than 18 months after December 29, 2022 , the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property.
“hazardous substance” applies in that section
the term “hazardous substance” has the same meaning as such term has when used in the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq.). (c) Existing disposal sites (1) Upon the application or with the concurrence of any party to whom the Secretary, prior to November 10, 1988 , conveyed land under sections 869 to 869–4 of this title, the Secretary may renounce the reversionary interests of the United States in such land, or portion thereof, if the Secretary finds that such land, or portion thereof, has been used for solid waste disposal or for any other purpose which the Secretary finds may result in the disposal, placement, or release of any …
“boundaries” applies throughout its subchapter
The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to section 1312 of this title but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more than three marine leagues into the Gulf of Mexico, except that any boundary between a State and the United States under this subchapter or subchapter II which has …
“coast line” applies throughout its subchapter
The term “coast line” means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters;
“grantees” applies throughout its subchapter
The terms “grantees” and “lessees” include (without limiting the generality thereof) all political subdivisions, municipalities, public and private corporations, and other persons holding grants or leases from a State, or from its predecessor sovereign if legally validated, to lands beneath navigable waters if such grants or leases were issued in accordance with the constitution, statutes, and decisions of the courts of the State in which such lands are situated, or of its predecessor sovereign: Provided, however , That nothing herein shall be construed as conferring upon said grantees or lessees any greater rights or interests other than are described herein and in their respective grants …
“lands beneath navigable waters” applies throughout its subchapter
The term “lands beneath navigable waters” means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any …
“lessees” applies throughout its subchapter
The terms “grantees” and “lessees” include (without limiting the generality thereof) all political subdivisions, municipalities, public and private corporations, and other persons holding grants or leases from a State, or from its predecessor sovereign if legally validated, to lands beneath navigable waters if such grants or leases were issued in accordance with the constitution, statutes, and decisions of the courts of the State in which such lands are situated, or of its predecessor sovereign: Provided, however , That nothing herein shall be construed as conferring upon said grantees or lessees any greater rights or interests other than are described herein and in their respective grants …
“natural resources” applies throughout its subchapter
The term “natural resources” includes, without limiting the generality thereof, oil, gas, and all other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life but does not include water power, or the use of water for the production of power; (f) The term “lands beneath navigable waters” does not include the beds of streams in lands now or heretofore constituting a part of the public lands of the United States if such streams were not meandered in connection with the public survey of such lands under the laws of the United States and if the title to the beds of such streams was lawfully patented or conveyed by the United States or …
“person” applies throughout its subchapter
The term “person” includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation.
“State” applies throughout its subchapter
The term “State” means any State of the Union;
“affected State” applies throughout its subchapter
The term “affected State” means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or approved pursuant to the provisions of this subchapter, any State— (1) the laws of which are declared, pursuant to section 1333(a)(2) of this title , to be the law of the United States for the portion of the outer Continental Shelf on which such activity is, or is proposed to be, conducted; (2) which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to in section 1333(a)(1) of this title ; (3) which is receiving, or in accordnace 2 with the proposed activity will receive, oil for processing, …
“antitrust law” applies throughout its subchapter
The term “antitrust law” means— (1) the Sherman Act ( 15 U.S.C. 1 et seq.); (2) the Clayton Act ( 15 U.S.C. 12 et seq.); (3) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.); (4) the Wilson Tariff Act ( 15 U.S.C. 8 et seq.); or (5) the Act of June 19, 1936 , chapter 592 ( 15 U.S.C. 13 , 13a, 13b, and 21a). (o) Fair market value .—
“carbon dioxide stream” applies throughout its subchapter
The term “carbon dioxide stream” means carbon dioxide that— (A) has been captured; and (B) consists overwhelmingly of— (i) carbon dioxide plus incidental associated substances derived from the source material or capture process; and (ii) any substances added to the stream for the purpose of enabling or improving the injection process. (2) Exclusions .— The term “carbon dioxide stream” does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal. (s) Carbon sequestration .—
“carbon sequestration” applies throughout its subchapter
The term “carbon sequestration” means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere. (r) 5
“coastal environment” applies throughout its subchapter
The term “coastal environment” means the physical atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone. (i) Human environment .—
“coastal zone” applies throughout its subchapter
The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, …
“development” applies throughout its subchapter
The term “development” means those activities which take place following discovery of minerals in paying quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support facilities, and which are for the purpose of ultimately producing the minerals discovered. (m) Production .—
“exploration” applies throughout its subchapter
The term “exploration” means the process of searching for minerals, including (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after such discovery which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with development and production. (l) Development .—
“fair market value” applies throughout its subchapter
The term “fair market value” means the value of any mineral (1) computed at a unit price equivalent to the average unit price at which such mineral was sold pursuant to a lease during the period for which any royalty or net profit share is accrued or reserved to the United States pursuant to such lease, or (2) if there were no such sales, or if the Secretary finds that there were an insufficient number of such sales to equitably determine such value, computed at the average unit price at which such mineral was sold pursuant to other leases in the same region of the outer Continental Shelf during such period, or (3) if there were no sales of such mineral from such region during such period, …
“Governor” applies throughout its subchapter
The term “Governor” means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise the powers granted to such Governor pursuant to this subchapter. (k) Exploration .—
“human environment” applies throughout its subchapter
The term “human environment” means the physical, social, and economic components, conditions, and factors which interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the outer Continental Shelf. (j) Governor .—
“lease” applies throughout its subchapter
The term “lease” means any form of authorization which is issued under section 1337 of this title or maintained under section 1335 of this title and which authorizes exploration for, and development and production of, minerals. (d) Person .—
“major Federal action” applies throughout its subchapter
The term “major Federal action” means any action or proposal by the Secretary which is subject to the provisions of section 4332(2)(C) of title 42 . (q) Minerals .—
“marine environment” applies throughout its subchapter
The term “marine environment” means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the outer Continental Shelf. (h) Coastal environment .—
“minerals” applies throughout its subchapter
The term “minerals” includes oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from “public lands” as defined in section 1702 of this title ; and 3 (r) 4 Carbon dioxide stream.— (1) In general .—
“outer Continental Shelf” applies throughout its subchapter
The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title , and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; (b) Secretary .—
“person” applies throughout its subchapter
The term “person” includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation. (e) Coastal zone .—
“production” applies throughout its subchapter
The term “production” means those activities which take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and work-over drilling. (n) Antitrust law .—
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq.),
“State” applies throughout its subchapter
The term “State” means— (1) each of the several States; (2) the Commonwealth of Puerto Rico; (3) Guam; (4) American Samoa; (5) the United States Virgin Islands; and (6) the Commonwealth of the Northern Mariana Islands.
“employer” applies in that section
the term “employer” means an employer any of whose employees are employed in such operations; and (3) the term “United States” when used in a geographical sense includes the outer Continental Shelf and artificial islands and fixed structures thereon. (c) National Labor Relations Act applicable For the purposes of the National Labor Relations Act, as amended [ 29 U.S.C.
“regulated price” applies in that section
the term “regulated price” means the highest price— (A) at which oil many 1 be sold pursuant to the Emergency Petroleum Allocation Act of 1973 2 [ 15 U.S.C. 751 et seq.] and any rule or order issued under such Act; (B) at which natural gas may be sold to natural-gas companies pursuant to the Natural Gas Act [ 15 U.S.C. 717 et seq.], any other Act, regulations governing natural gas pricing, or any rule or order issued under any such Act or any such regulations; or (C) at which either Federal oil or gas may be sold under any other provision of law or rule or order thereunder which sets a price (or manner for determining a price) for oil or gas; and;
“small refiner” applies in that section
the term “small refiner” has the meaning given such term by Small Business Administration Standards 128.3–8(d) and (g), as in effect on September 18, 1978 , or as there-after revised or amended. (f) Purchase of oil and gas in time of war Nothing in this section shall prohibit the right of the United States to purchase any oil or gas produced on the outer Continental Shelf as provided by section 1341(b) of this title .
“coastal political subdivision” applies in that section
The term “coastal political subdivision” means a political subdivision of a coastal State any part of which political subdivision is— (A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 )) of the coastal State as of August 8, 2005 ; and (B) not more than 200 nautical miles from the geographic center of any leased tract. (2) Coastal population
“coastal population” applies in that section
The term “coastal population” means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State (as defined in a State’s coastal zone management program under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq.)). (3) Coastal State
“coastal State” applies in that section
The term “coastal State” has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). (4) Coastline
“coastline” applies in that section
The term “coastline” has the meaning given the term “coast line” in section 1301 of this title . (5) Distance
“distance” applies in that section
The term “distance” means the minimum great circle distance, measured in statute miles. (6) Leased tract
“leased tract” applies in that section
The term “leased tract” means a tract that is subject to a lease under section 1335 or 1337 of this title for the purpose of drilling for, developing, and producing oil or natural gas resources. (7) Leasing moratoria
“leasing moratoria” applies in that section
The term “leasing moratoria” means the prohibitions on preleasing, leasing, and related activities on any geographic area of the outer Continental Shelf as contained in sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 3063 ). (8) Political subdivision
“political subdivision” applies in that section
The term “political subdivision” means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. (9) Producing State (A) In general
“producing State” applies in that section
The term “producing State” means a coastal State that has a coastal seaward boundary within 200 nautical miles of the geographic center of a leased tract within any area of the outer Continental Shelf. (B) Exclusion The term “producing State” does not include a producing State, a majority of the coastline of which is subject to leasing moratoria, unless production was occurring on January 1, 2005 , from a lease within 10 nautical miles of the coastline of that State. (10) Qualified Outer Continental Shelf revenues (A) In general
“qualified Outer Continental Shelf revenues” applies in that section
The term “qualified Outer Continental Shelf revenues” means all amounts received by the United States from each leased tract or portion of a leased tract— (i) lying— (I) seaward of the zone covered by section 1337(g) of this title ; or (II) within that zone, but to which section 1337(g) of this title does not apply; and (ii) the geographic center of which lies within a distance of 200 nautical miles from any part of the coastline of any coastal State. (B) Inclusions
“Department of the Interior programs” applies in that section
the term “Department of the Interior programs” means— (1) Alaska Native Fund amounts included in Bureau of Indian Affairs programs funded from Miscellaneous Trust Funds and Miscellaneous Permanent Appropriations accounts; (2) Bureau of Land Management programs; (3) United States Bureau of Mines programs; (4) National Park Service programs other than the John F.
“program” applies in that section
the term “program” means the Snow Water Supply Forecasting Program established by subsection (c). (c) Snow Water Supply Forecasting Program (1) Program establishment The Snow Water Supply Forecasting Program is hereby established within the Department of the Interior. (2) Program implementation To implement the program, the Secretary shall— (A) develop the program framework in coordination with other Federal agencies pursuant to subsection (d), culminating in the report required under subsection (d)(3); and (B) after submitting the report required by subsection (d)(3), implement activities to improve snowpack measurement in particular watersheds pursuant to subsection (e).
“covered appraiser” applies in that section
The term “covered appraiser” means a State-licensed or -certified real property appraiser. (2) Department
“Department” applies in that section
The term “Department” means the Department of the Interior. (3) Reporting period
“reporting period” applies in that section
The term “reporting period” means the 1-year period before the date on which a report is submitted under subsection (c). (4) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (5) State
“State” applies in that section
The term “State” means each of the several States, the District of Columbia, and each territory and possession of the United States.
“financial assistance” applies in that section
The term “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance other than— (1) general revenue-sharing grants made under section 6702 1 of title 31; (2) deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions; (3) the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation; (4) assistance for environmental studies, plans, and assessments that are required incident to the issuance of permits or other …
“Floodway” applies in that section
The term “Floodway” means the Colorado River Floodway established in section 1600c of this title .
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior.;
“water district” applies in that section
The term “water district” means any public agency providing water service, including water districts, county water districts, public utility districts, and irrigation districts.;
“Cook Inlet Regional Corporation” applies in that section
the term “Cook Inlet Regional Corporation” means Cook Inlet Region, Incorporated. (B) The Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 1629b(d)(1) of this title , purchase Settlement Common Stock of the Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase.
“contingency area” applies in that section
the term “contingency area” means any area specified in a timber sale contract as an area from which the timber contractor may harvest timber if the volume of timber specified in the contract cannot be obtained from one or more areas definitely designated for timbering in the contract.
“Agreement” applies in that section
the term “The Agreement” or “Agreement” means the agreement entitled “Terms and Conditions Governing Legislative Land Consolidation and Exchange between NANA Regional Corporation, Inc., and the United States” executed by the Secretary of the Interior and the President of NANA Regional Corporation, Inc., on January 31 and January 24, 1985 , respectively.;
“NANA” applies in that section
the term “NANA” means NANA Regional Corporation, Inc., a corporation formed for the Natives of Northwest Alaska pursuant to the provisions of this chapter. (b) Conveyances of lands and interests in lands Except as otherwise provided by this section, the Secretary shall convey to NANA, in accordance with the terms and conditions set forth in the Agreement, lands and interests in lands specified in the Agreement in exchange for lands and interests in lands of NANA, specified in the Agreement, upon fulfillment by NANA of its obligations under the Agreement: Provided, however , That this modified exchange is accepted by NANA within 60 days of September 25, 1985 .
“The Agreement” applies in that section
the term “The Agreement” or “Agreement” means the agreement entitled “Terms and Conditions Governing Legislative Land Consolidation and Exchange between NANA Regional Corporation, Inc., and the United States” executed by the Secretary of the Interior and the President of NANA Regional Corporation, Inc., on January 31 and January 24, 1985 , respectively.;
“transportation system” applies in that section
the term “transportation system” means the Red Dog Mine Transportation System described in Exhibit B of the Agreement.;
“veteran” 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.