16 U.S.C. § 3772: Definitions

The term “Federal trust species” means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern. The term “habitat enhancement” means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habitat. increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur; improving waterfowl habitat conditions; establishing water level management capabilities for native plant communities; creating mud flat conditions important for shorebirds; and cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and burning an established native grass community to reduce or eliminate invading brush or exotic species; brush shearing to set back early successional plant communities; and forest management that promotes a particular seral stage. The term “habitat enhancement” does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation. shallow water impoundments on non-hydric soils; and side channel spawning and rearing habitat. The term “habitat improvement” 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. The term “habitat restoration” 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. removing tile drains or plugging drainage ditches in former or degraded wetland; returning meanders and sustainable profiles to straightened streams; burning grass communities heavily invaded by exotic species to reestablish native grass and plant communities; and planting plant communities that are native to the project site; 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 the placement of streambank or instream habitat diversity structures in streams that cannot be restored to original conditions or profile; and removal of a disturbing or degrading element to enable the native habitat to reestablish or become fully functional. The term “private land” means any land that is not owned by the Federal Government or a State. The term “private land” includes tribal land and Hawaiian homeland. The term “project” means a project carried out under the Partners for Fish and Wildlife Program established by section 3773 of this title . The term “Secretary” means the Secretary of the Interior.