16 U.S.C. § 1722

Definitions

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For purposes of this subchapter:(1) Appropriate conservation project

The term “appropriate conservation project” means any project for the conservation, restoration, construction or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources.

(2) Corps and Public Lands Corps

The terms “Corps” and “Public Lands Corps” mean the Public Lands Corps established 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 Commission 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 admission of the State of Hawaii into the Union”, approved March 18, 1959 (Public Law 86–3; 73 Stat. 5).

(5) IndianThe 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 landsThe 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), respectively, 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 because of their status as Indians.

(8) Institution of higher education(A) In general

The term “institution of higher education” has the meaning given the term in section 1002 of title 20.

(B) ExclusionThe term “institution of higher education” 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 projectThe term “priority project” means an appropriate conservation project conducted on eligible 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 community, municipal water supply, or other at-risk Federal land.(B) To protect a watershed or address a threat to forest and rangeland health, including catastrophic wildfire.(C) To address the impact of insect or disease 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 sequestration.(E) To protect, restore, or enhance marine, estuarine, riverine, and coastal habitat ecosystem components—(i) to promote the recovery of threatened species, endangered species, and managed fisheries;(ii) to restore fisheries, protected resources, 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 administered by the United States, except that such term does not include any Indian lands.

(11) Qualified youth or conservation corpsThe 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 organization that—(A) is capable of offering meaningful, full-time, productive work for individuals between the ages of 16 and 30, inclusive, or veterans age 35 or younger in a natural or cultural resource setting;(B) gives participants a mix of work experience, basic and life skills, education, training, and support services; and(C) provides participants with the opportunity to develop citizenship values and skills through service to their community and the United States.(12) Resource assistant

The term “resource assistant” means a resource assistant selected under section 1725 of this title.

(13) SecretaryThe term “Secretary” means—(A) with respect to National Forest System land, the Secretary of Agriculture;(B) with respect to Indian lands, Hawaiian home lands, or land administered by the Department 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 Administration, 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 Northern 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 NotesReferences in Text

The Hawaiian Homes Commission Act, 1920, referred to in par. (4), is act July 9, 1921, ch. 42, 42 Stat. 108. Section 204 of that Act was classified to section 698 of Title 48, Territories and Insular Possessions, and was omitted 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 classification 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 section 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 follows” in introductory provisions. Former par. (9) redesignated (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 “individuals 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 SubsidiariesEffective Date

Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of this title.

Notes of Decisions

Cited in 3 cases, 2017–2019 · leading case: Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017).

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Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017). · cites it 2× “C § 4702(11); 16 U.S.C. § 1722 (6)(C); 25 U.S.C. §§ 1452 (d), 2020(d)(1)-(2), 3103(12), 3202(9); 29 U.”

State of New York v. Mountain Tobacco Co., 942 F.3d 536 (2d Cir. 2019). “7 16 U.S.C. § 1722 (5); 20 U.S.C. § 4402 (4); 25 U.”

Murphy v. Royal, 866 F.3d 1164 (10th Cir. 2017). “C § 4702(11); 16 U.S.C. § 1722 (6)(C); 25 U.S.C. §§ 1452 (d), 2020(d)(l)-(2), 3103(12), 3202(9); 29 U.”

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