16 USC 3772 - Definitions

U.S Code last checked for updates: May 05, 2024

§ 3772.

Definitions

In this chapter:

(1)

Federal trust species

(2)

Habitat enhancement

(A)

In general

(B)

Inclusions

The term “habitat enhancement” includes—

(i)

an activity conducted to increase or decrease a specific function for the purpose of benefitting species, including—

(I)

increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur;

(II)

improving waterfowl habitat conditions;

(III)

establishing water level management capabilities for native plant communities;

(IV)

creating mud flat conditions important for shorebirds; and

(V)

cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and

(ii)

an activity conducted to shift a native plant community successional stage, including—

(I)

burning an established native grass community to reduce or eliminate invading brush or exotic species;

(II)

brush shearing to set back early successional plant communities; and

(III)

forest management that promotes a particular seral stage.

(C)

Exclusions

(3)

Habitat establishment

The term “habitat establishment” 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—

(A)

shallow water impoundments on non-hydric soils; and

(B)

side channel spawning and rearing habitat.

(4)

Habitat improvement

(5)

Habitat restoration

(A)

In general

(B)

Inclusions

The term “habitat restoration” includes—

(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—

(I)

removing tile drains or plugging drainage ditches in former or degraded wetland;

(II)

returning meanders and sustainable profiles to straightened streams;

(III)

burning grass communities heavily invaded by exotic species to reestablish native grass and plant communities; and

(IV)

planting plant communities that are native to the project site;

(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—

(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

(II)

the placement of streambank or instream habitat diversity structures in streams that cannot be restored to original conditions or profile; and

(iii)

removal of a disturbing or degrading element to enable the native habitat to reestablish or become fully functional.

(6)

Private land

(A)

In general

(B)

Inclusions

(7)

Project

(8)

Secretary

(Pub. L. 109–294, § 3, Oct. 3, 2006, 120 Stat. 1352.)

cite as: 16 USC 3772