16 U.S.C. § 1722 — Definitions

Page 1983 TITLE 16—CONSERVATION § 1722 § 1722. Definitions For purposes of this subchapter: (1) Appropriate conservation project The term ‘‘appropriate conservation project’’ means any project for the conserva- tion, restoration, construction or rehabilita- tion of natural, cultural, historic, archae- ological, recreational, or scenic resources. (2) Corps and Public Lands Corps The terms ‘‘Corps’’ and ‘‘Public Lands Corps’’ mean the Public Lands Corps estab- lished by section 1723(a)(1) of this title. (3) Eligible service lands The term ‘‘eligible service lands’’ means public lands, Indian lands, and Hawaiian home lands. (4) Hawaiian home lands The term ‘‘Hawaiian home lands’’ means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Com- mission Act, 1920 (42 Stat. 110), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled ‘‘An Act to provide for the ad- mission of the State of Hawaii into the Union’’, approved March 18, 1959 (Public Law 86–3; 73 Stat. 5). (5) Indian The term ‘‘Indian’’ means a person who— (A) is a member of an Indian tribe; or (B) is a ‘‘Native’’, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). (6) Indian lands The term ‘‘Indian lands’’ means— (A) any Indian reservation; (B) any public domain Indian allotments; (C) any former Indian reservation in the State of Oklahoma; (D) any land held by incorporated Native groups, regional corporations, and village corporations under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; and (E) any land held by dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State. (7) Indian tribe The term ‘‘Indian tribe’’ means an Indian tribe, band, nation, or other organized group or community, including any Native village, Regional Corporation, or Village Corporation, as defined in subsection (c), (g), or (j), respec- tively, of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c), (g), or (j)), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians be- cause of their status as Indians. (8) Institution of higher education (A) In general The term ‘‘institution of higher edu- cation’’ has the meaning given the term in section 1002 of title 20. (B) Exclusion The term ‘‘institution of higher edu- cation’’ does not include— (i) an institution described in section 1001(b) of title 20; or (ii) an institution outside the United States, as described in section 1002(a)(1)(C) of title 20. (9) Priority project The term ‘‘priority project’’ means an appro- priate conservation project conducted on eligi- ble service lands to further 1 or more of the purposes of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) and other conservation and restoration initiatives, as follows: (A) To reduce wildfire risk to a commu- nity, municipal water supply, or other at- risk Federal land. (B) To protect a watershed or address a threat to forest and rangeland health, in- cluding catastrophic wildfire. (C) To address the impact of insect or dis- ease infestations or other damaging agents on forest and rangeland health. (D) To protect, restore, or enhance forest ecosystem components to— (i) promote the recovery of threatened or endangered species; (ii) improve biological diversity; or (iii) enhance productivity and carbon se- questration. (E) To protect, restore, or enhance marine, estuarine, riverine, and coastal habitat eco- system components— (i) to promote the recovery of threatened species, endangered species, and managed fisheries; (ii) to restore fisheries, protected re- sources, and habitats impacted by oil and chemical spills and natural disasters; or (iii) to enhance the resilience of coastal ecosystems, communities, and economies through habitat conservation. (10) Public lands The term ‘‘public lands’’ means any lands or waters (or interest therein) owned or adminis- tered by the United States, except that such term does not include any Indian lands. (11) Qualified youth or conservation corps The term ‘‘qualified youth or conservation corps’’ means any program established by a State or local government, by the governing body of any Indian tribe, or by a nonprofit or- ganization that— (A) is capable of offering meaningful, full- time, productive work for individuals be- tween the ages of 16 and 30, inclusive, or vet- erans age 35 or younger in a natural or cul- tural resource setting; (B) gives participants a mix of work expe- rience, basic and life skills, education, train- ing, and support services; and (C) provides participants with the oppor- tunity to develop citizenship values and skills through service to their community and the United States. Page 1984 TITLE 16—CONSERVATION § 1723 (12) Resource assistant The term ‘‘resource assistant’’ means a re- source assistant selected under section 1725 of this title. (13) Secretary The term ‘‘Secretary’’ means— (A) with respect to National Forest Sys- tem land, the Secretary of Agriculture; (B) with respect to Indian lands, Hawaiian home lands, or land administered by the De- partment of the Interior, the Secretary of the Interior; and (C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other land and facilities administered by the National Oceanic and Atmospheric Adminis- tration, the Secretary of Commerce. (14) State The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the North- ern Mariana Islands. (15) Veteran The term ‘‘veteran’’ has the meaning given the term in section 101 of title 38. (Pub. L. 91–378, title II, § 203, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 849; amended Pub. L. 109–154, § 2(a), Dec. 30, 2005, 119 Stat. 2890; Pub. L. 114–289, title III, § 302(1), Dec. 16, 2016, 130 Stat. 1487; Pub. L. 116–9, title IX, § 9003(a), Mar. 12, 2019, 133 Stat. 832.) Editorial Notes REFERENCES IN TEXT The Hawaiian Homes Commission Act, 1920, referred to in par. (4), is act July 9, 1921, ch. 42, 42 Stat. 108. Sec- tion 204 of that Act was classified to section 698 of Title 48, Territories and Insular Possessions, and was omit- ted from the Code. Section 4 of Public Law 86–3, referred to in par. (4), is set out as a note preceding section 491 of Title 48. The Alaska Native Claims Settlement Act, referred to in par. (6)(D), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Healthy Forests Restoration Act of 2003, referred to in par. (9), is Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to chapter 84 (§ 6501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6501 of this title and Tables. AMENDMENTS 2019—Par. (2). Pub. L. 116–9, § 9003(a)(1), substituted ‘‘by section 1723(a)(1)’’ for ‘‘under section 1723’’. Par. (8). Pub. L. 116–9, § 9003(a)(3), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 116–9, § 9003(a)(2), (4)(A), redesignated par. (8) as (9) and substituted ‘‘and other conservation and restoration initiatives, as follows’’ for ‘‘, as fol- lows’’ in introductory provisions. Former par. (9) redes- ignated (10). Par. (9)(E). Pub. L. 116–9, § 9003(a)(4)(B), added subpar. (E). Par. (10). Pub. L. 116–9, § 9003(a)(2), redesignated par. (9) as (10). Former par. (10) redesignated (11). Par. (11). Pub. L. 116–9, § 9003(a)(2), redesignated par. (10) as (11). Former par. (11) redesignated (12). Par. (11)(A). Pub. L. 116–9, § 9003(a)(5), substituted ‘‘in- dividuals between the ages of 16 and 30, inclusive, or veterans age 35 or younger’’ for ‘‘individuals between the ages of 16 and 30, inclusive,’’. Par. (12). Pub. L. 116–9, § 9003(a)(2), redesignated par. (11) as (12). Former par. (12) redesignated (13). Par. (13). Pub. L. 116–9, § 9003(a)(2), redesignated par. (12) as (13). Former par. (13) redesignated (14). Par. (13)(C). Pub. L. 116–9, § 9003(a)(6), added subpar. (C). Par. (14). Pub. L. 116–9, § 9003(a)(2), redesignated par. (13) as (14). Par. (15). Pub. L. 116–9, § 9003(a)(7), added par. (15). 2016—Par. (10)(A). Pub. L. 114–289 substituted ‘‘30’’ for ‘‘25’’. 2005—Pars. (8) to (13). Pub. L. 109–154 added pars. (8) and (12) and redesignated former pars. (8) to (11) as pars. (9) to (11) and (13), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of this title. § 1723. Public Lands Corps program (a) Establishment of Public Lands Corps (1) In general There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a corps, to be known as the ‘‘Public Lands Corps’’. (2) No effect on other agencies Nothing in this subsection precludes the es- tablishment of a public lands corps by the head of a Federal department or agency other than a department described in paragraph (1), in accordance with this subchapter. (b) Participants The Corps shall consist of individuals between the ages of 16 and 30, inclusive, and veterans age 35 or younger who are enrolled as participants in the Corps by the Secretary. To be eligible for en- rollment in the Corps, an individual shall satisfy the criteria specified in paragraphs (1), (2), (4), and (5) of section 12591(a) of title 42. The Sec- retary may enroll such individuals in the Corps without regard to the civil service and classi- fication laws, rules, or regulations of the United States. The Secretary may establish a pref- erence for the enrollment in the Corps of indi- viduals who are economically, physically, or educationally disadvantaged. (c) Qualified youth or conservation corps (1) In general The Secretary is authorized to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform appropriate conservation projects re- ferred to in subsection (d). (2) Preference (A) In general For purposes of entering into contracts and cooperative agreements under paragraph (1), the Secretary may give preference to qualified youth or conservation corps lo-