Page:United States Statutes at Large Volume 120.djvu/1383

 120 STAT. 1352

PUBLIC LAW 109–294—0CT. 3, 2006

of prairie and native grasslands, and 5,560 miles of riparian and in-stream habitat since 1987, demonstrating much of that success since only 2001. (b) PURPOSE.—The purpose of this Act is to provide for the restoration, enhancement, and management of fish and wildlife habitats on private land through the Partners for Fish and Wildlife Program, a program that works with private landowners to conduct cost-effective habitat projects for the benefit of fish and wildlife resources in the United States. 16 USC 3772.

SEC. 3. DEFINITIONS.

In this Act: (1) FEDERAL TRUST SPECIES.—The term ‘‘Federal trust species’’ means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern. (2) HABITAT ENHANCEMENT.— (A) IN GENERAL.—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. (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.—The term ‘‘habitat enhancement’’ does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation. (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

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