Sec. 302. Definitions
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In this title: The term Advisory Board means the Dam Removal Advisory Board established under section 305. The term aquatic habitat means the preferred in-stream, floodplain, or riparian wetland habitat of all life stages of native aquatic species. The term aquatic species passage means the ability of all species endemic to a watershed, and all life stages of those species, to freely access upstream and downstream aquatic habitat for the purposes of spawning, rearing, or other life cycle needs.
The term climate resilience means the ability for humans, ecosystems, and all species to adapt to and recover from disturbances related to climate change, including increased severity and frequency of floods, droughts, and changes to thermal regimes. The term Council means the Dam Removal Council established under section 304. The term dam means a human-made structure that— spans the width of a river or stream (or does not currently span the width of a river or stream due to damage or intentional breach, but was originally constructed to do so); and was constructed to raise the water level, divert water, or store water for a variety of purposes.
The term dam removal project means a project to permanently remove the full vertical extent of a dam structure of a dam described in subparagraph
(B)to a minimum horizontal width needed to protect public safety, restore natural river function, and reconnect aquatic species passage, unless site conditions prevent that removal width. A dam referred to in subparagraph
(A)is— a non-federally owned powered dam; a non-federally owned non-powered dam; or a Federal non-powered dam the removal of which is authorized by Congress, if applicable. The term funding allocation means amounts provided, out of amounts made available to carry out this title, by the Secretary to a participating agency to carry out the purposes of this title. The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term non-Federal interest means— a State; a political subdivision of a State; an Indian Tribe; a non-Federal dam owner, or a representative; a regional or interstate agency; and as provided in section 303(d)(2), a nongovernmental organization. The term participating agency means a Federal agency— that owns 1 or more dams or has jurisdiction over a grant program under which dam removal is an eligible activity; and that has authority— to conduct dam removal projects; or to provide technical assistance and grants for development, planning, and implementation of dam removal projects. The term participating agency includes the Department of the Army. The term privately owned dam means a dam that is owned by 1 or more non-governmental entities. The term public safety hazard means the risk to individuals pertaining to a dam, including loss of life or destruction of private or public property, as a result of the structural failure or misoperation of a dam, or by a person who accesses the dam by foot or in a boat. The term publicly owned dam means a dam that is owned by a public entity such as a government agency, political subdivision, special purpose district, or other public entity established under Federal or State law. The term publicly owned dam does not include a Federal powered dam. The term Secretary means the Secretary of the Army. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; the Commonwealth of the Northern Mariana Islands; the United States Virgin Islands; American Samoa; and Guam.
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U.S. Code