{"identifier":"/us/usc/t16/s3772","title":16,"num":"\u00a7\u202f3772.","heading":"Definitions","text":"\u00a7\u202f3772.\nDefinitions\nIn this chapter:\n(1)\nFederal trust species\nThe term \u201cFederal trust species\u201d means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern.\n(2)\nHabitat enhancement\n(A)\nIn general\nThe term \u201chabitat enhancement\u201d means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habitat.\n(B)\nInclusions\nThe term \u201chabitat enhancement\u201d includes\u2014\n(i) an activity conducted to increase or decrease a specific function for the purpose of benefitting species, including\u2014\n(I) increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur;\n(II) improving waterfowl habitat conditions;\n(III) establishing water level management capabilities for native plant communities;\n(IV) creating mud flat conditions important for shorebirds; and\n(V) cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and\n(ii) an activity conducted to shift a native plant community successional stage, including\u2014\n(I) burning an established native grass community to reduce or eliminate invading brush or exotic species;\n(II) brush shearing to set back early successional plant communities; and\n(III) forest management that promotes a particular seral stage.\n(C)\nExclusions\nThe term \u201chabitat enhancement\u201d does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation.\n(3)\nHabitat establishment\nThe term \u201chabitat establishment\u201d means the manipulation of physical, chemical, or biological characteristics of a project site to create and maintain habitat that did not previously exist on the project site, including construction of\u2014\n(A) shallow water impoundments on non-hydric soils; and\n(B) side channel spawning and rearing habitat.\n(4)\nHabitat improvement\nThe term \u201chabitat improvement\u201d means restoring, enhancing, or establishing physiographic, hydrological, or disturbance conditions necessary to establish or maintain native plant and animal communities, including periodic manipulations to maintain intended habitat conditions on completed project sites.\n(5)\nHabitat restoration\n(A)\nIn general\nThe term \u201chabitat restoration\u201d means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the majority of natural functions to the lost or degraded native habitat.\n(B)\nInclusions\nThe term \u201chabitat restoration\u201d includes\u2014\n(i) an activity conducted to return a project site, to the maximum extent practicable, to the ecological condition that existed prior to the loss or degradation, including\u2014\n(I) removing tile drains or plugging drainage ditches in former or degraded wetland;\n(II) returning meanders and sustainable profiles to straightened streams;\n(III) burning grass communities heavily invaded by exotic species to reestablish native grass and plant communities; and\n(IV) planting plant communities that are native to the project site;\n(ii) if restoration of a project site to its original ecological condition is not practicable, an activity that repairs 1 or more of the original habitat functions and that involve the use of native vegetation, including\u2014\n(I) the installation of a water control structure in a swale on land isolated from overbank flooding by a major levee to simulate natural hydrological processes; and\n(II) the placement of streambank or instream habitat diversity structures in streams that cannot be restored to original conditions or profile; and\n(iii) removal of a disturbing or degrading element to enable the native habitat to reestablish or become fully functional.\n(6)\nPrivate land\n(A)\nIn general\nThe term \u201cprivate land\u201d means any land that is not owned by the Federal Government or a State.\n(B)\nInclusions\nThe term \u201cprivate land\u201d includes tribal land and Hawaiian homeland.\n(7)\nProject\nThe term \u201cproject\u201d means a project carried out under the Partners for Fish and Wildlife Program established by\nsection 3773 of this title\n(8)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of the Interior.","url":"https://projectusc.org/usc/t16/s3772.html","content":[{"t":"sec","id":"/us/usc/t16/s3772","children":[{"t":"num","text":"\u00a7\u202f3772."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t16/s3772/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Federal trust species"},{"t":"content","children":[{"t":"p","text":"The term \u201cFederal trust species\u201d means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Habitat enhancement"},{"t":"subpara","id":"/us/usc/t16/s3772/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201chabitat enhancement\u201d means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habitat.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3772/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusions"},{"t":"chapeau","text":"The term \u201chabitat enhancement\u201d includes\u2014"},{"t":"clause","id":"/us/usc/t16/s3772/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" an activity conducted to increase or decrease a specific function for the purpose of benefitting species, including\u2014"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" improving waterfowl habitat conditions;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" establishing water level management capabilities for native plant communities;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/i/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" creating mud flat conditions important for shorebirds; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/i/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3772/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" an activity conducted to shift a native plant community successional stage, including\u2014"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" burning an established native grass community to reduce or eliminate invading brush or exotic species;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" brush shearing to set back early successional plant communities; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/2/B/ii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" forest management that promotes a particular seral stage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3772/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Exclusions"},{"t":"content","children":[{"t":"p","text":"The term \u201chabitat enhancement\u201d does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Habitat establishment"},{"t":"chapeau","text":"The term \u201chabitat establishment\u201d means the manipulation of physical, chemical, or biological characteristics of a project site to create and maintain habitat that did not previously exist on the project site, including construction of\u2014"},{"t":"subpara","id":"/us/usc/t16/s3772/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" shallow water impoundments on non-hydric soils; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3772/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" side channel spawning and rearing habitat.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Habitat improvement"},{"t":"content","children":[{"t":"p","text":"The term \u201chabitat improvement\u201d means restoring, enhancing, or establishing physiographic, hydrological, or disturbance conditions necessary to establish or maintain native plant and animal communities, including periodic manipulations to maintain intended habitat conditions on completed project sites.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Habitat restoration"},{"t":"subpara","id":"/us/usc/t16/s3772/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201chabitat restoration\u201d means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the majority of natural functions to the lost or degraded native habitat.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3772/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusions"},{"t":"chapeau","text":"The term \u201chabitat restoration\u201d includes\u2014"},{"t":"clause","id":"/us/usc/t16/s3772/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" an activity conducted to return a project site, to the maximum extent practicable, to the ecological condition that existed prior to the loss or degradation, including\u2014"},{"t":"subclause","id":"/us/usc/t16/s3772/5/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" removing tile drains or plugging drainage ditches in former or degraded wetland;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/5/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" returning meanders and sustainable profiles to straightened streams;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/5/B/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" burning grass communities heavily invaded by exotic species to reestablish native grass and plant communities; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/5/B/i/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" planting plant communities that are native to the project site;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3772/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" if restoration of a project site to its original ecological condition is not practicable, an activity that repairs 1 or more of the original habitat functions and that involve the use of native vegetation, including\u2014"},{"t":"subclause","id":"/us/usc/t16/s3772/5/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the installation of a water control structure in a swale on land isolated from overbank flooding by a major levee to simulate natural hydrological processes; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s3772/5/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the placement of streambank or instream habitat diversity structures in streams that cannot be restored to original conditions or profile; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3772/5/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" removal of a disturbing or degrading element to enable the native habitat to reestablish or become fully functional.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Private land"},{"t":"subpara","id":"/us/usc/t16/s3772/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cprivate land\u201d means any land that is not owned by the Federal Government or a State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3772/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusions"},{"t":"content","children":[{"t":"p","text":"The term \u201cprivate land\u201d includes tribal land and Hawaiian homeland.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Project"},{"t":"content","children":[{"t":"p","text":"The term \u201cproject\u201d means a project carried out under the Partners for Fish and Wildlife Program established by ","children":[{"t":"ref","text":"section 3773 of this title","href":"/us/usc/t16/s3773","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3772/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of the Interior.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}