Page:United States Statutes at Large Volume 120.djvu/1384

 PUBLIC LAW 109–294—OCT. 3, 2006

120 STAT. 1353

(B) side channel spawning and rearing habitat. (4) HABITAT IMPROVEMENT.—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. (5) HABITAT RESTORATION.— (A) IN GENERAL.—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. (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.—The term ‘‘private land’’ means any land that is not owned by the Federal Government or a State. (B) INCLUSIONS.—The term ‘‘private land’’ includes tribal land and Hawaiian homeland. (7) PROJECT.—The term ‘‘project’’ means a project carried out under the Partners for Fish and Wildlife Program established by section 4. (8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00097

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�