---
kind: "section"
citation: "16 U.S.C. § 3772"
title: "16"
title_heading: "Conservation"
number: "3772"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3772"
units:
  - "Chapter 57B — Partners for Fish and Wildlife"
---

# §3772. Definitions


In this chapter:

- (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](#2-A)” 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](/usc/16/3102.md?p=16) plant communities;
      - (IV) creating mud flat conditions important for shorebirds; and
      - (V) cross fencing or establishing a rotational grazing system on [native](/usc/16/3102.md?p=16) range to improve grassland nesting bird habitat conditions; and
    - (ii) an activity conducted to shift a [native](/usc/16/3102.md?p=16) plant community successional stage, including—
      - (I) burning an established [native](/usc/16/3102.md?p=16) 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](#2-A)” 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](#7) site to create and maintain habitat that did not previously exist on the [project](#7) site, including construction of—
  - (A) shallow water impoundments on non-hydric soils; and
  - (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](/usc/16/3102.md?p=16) plant and animal communities, including periodic manipulations to maintain intended habitat conditions on completed [project](#7) 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](/usc/16/3102.md?p=16) habitat.
  - (B) **Inclusions—** The term “[habitat restoration](#5-A)” includes—
    - (i) an activity conducted to return a [project](#7) 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](/usc/16/3102.md?p=16) grass and plant communities; and
      - (IV) planting plant communities that are [native](/usc/16/3102.md?p=16) to the [project](#7) site;
    - (ii) if restoration of a [project](#7) 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](/usc/16/3102.md?p=16) 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](/usc/16/3102.md?p=16) 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](/usc/16/590q.md?p=a).
  - (B) **Inclusions—** The term “[private land](#6-A)” includes tribal land and Hawaiian homeland.
- (7) **Project—** The term “project” means a project carried out under the Partners for [Fish and Wildlife](/usc/16/3102.md?p=17) Program established by [section 3773 of this title](/usc/16/3773.md).
- (8) **Secretary—** The term “Secretary” means the Secretary of the Interior.

## Source credit

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