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33 U.S.C. § 2904 — Establishment of Estuary Habitat Restoration Council

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2904 — Establishment of Estuary Habitat Restoration Council

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Stable record: federal_law:legal_authorities:record_usc_4162b10f3375724b3e4762f5
Source file: Laws/federal/codes/united-states-code/title-33/section-2904-establishment-of-estuary-habitat-restoration-council--cfaa9ffb30.md
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Source location: Title 33, Chapter 42, § 2904; chapter-042-estuary-restoration.md

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**(a) Council** There is established a council to be known as the “Estuary Habitat Restoration Council”. **(b) Duties** The Council shall be responsible for— (1) soliciting, reviewing, and evaluating project proposals and developing recommendations concerning such proposals based on the factors specified in [section 2903(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2903/c/3&num=0&edition=prelim); (2) submitting to the Secretary a list of recommended projects, including a recommended priority order and any recommendation as to whether a project should be carried out by the Secretary or by another Federal department or agency under [section 2903(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2903/g&num=0&edition=prelim); (3) developing and transmitting to Congress a national strategy for restoration of estuary habitat; (4) periodically reviewing the effectiveness of the national strategy in meeting the purposes of this chapter and, as necessary, updating the national strategy; (5) providing advice on the development of the database, monitoring standards, and report required under sections 2906 and 2907 of this title; (6) cooperating in the implementation of the strategy developed under [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2905&num=0&edition=prelim); (7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2906&num=0&edition=prelim); and (8) otherwise using the respective authorities of the Council members to carry out this chapter. **(c) Membership** The Council shall be composed of the following members: (1) The Secretary (or the Secretary’s designee). (2) The Under Secretary for Oceans and Atmosphere of the Department of Commerce (or the Under Secretary’s designee). (3) The Administrator of the Environmental Protection Agency (or the Administrator’s designee). (4) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such Secretary’s designee). (5) The Secretary of Agriculture (or such Secretary’s designee). (6) The head of any other Federal agency designated by the President to serve as an ex officio member of the Council. **(d) Prohibition of compensation** Members of the Council may not receive compensation for their service as members of the Council. **(e) Chairperson** The chairperson shall be elected by the Council from among its members for a 3-year term, except that the first elected chairperson may serve a term of fewer than 3 years. **(f) Convening of Council** (1) **First meeting** — The Secretary shall convene the first meeting of the Council not later than 60 days after November 7, 2000, for the purpose of electing a chairperson. (2) **Additional meetings** — The chairperson shall convene additional meetings of the Council as often as appropriate to ensure that this chapter is fully carried out, but not less often than annually. **(g) Council procedures** The Council shall establish procedures for voting, the conduct of meetings, and other matters, as necessary. **(h) Public participation** Meetings of the Council shall be open to the public. The Council shall provide notice to the public of such meetings. **(i) Advice** The Council shall consult with persons with recognized scientific expertise in estuary or estuary habitat restoration, representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary or estuary habitat restoration, and representatives of Indian tribes, agricultural interests, fishing interests, and other estuary users— (1) to assist the Council in the development of the estuary habitat restoration strategy to be developed under [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2905&num=0&edition=prelim); and (2) to provide advice and recommendations to the Council on proposed estuary habitat restoration projects, including advice on the scientific merit, technical merit, and feasibility of a project.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2905 — Estuary habitat restoration strategy

**(a) In general** Not later than 1 year after November 7, 2000, the Council, 11 So in original. The comma probably should not appear. shall develop an estuary habitat restoration strategy designed to ensure a comprehensive approach to maximize benefits derived from estuary habitat restoration projects and to foster the coordination of Federal and non-Federal activities related to restoration of estuary habitat. **(b) Goal** The goal of the strategy shall be the restoration of 1,000,000 acres of estuary habitat by the year 2010. **(c) Integration of estuary habitat restoration plans, programs, and partnerships** In developing the estuary habitat restoration strategy, the Council shall— (1) conduct a review of estuary management or habitat restoration plans and Federal programs established under other laws that authorize funding for estuary habitat restoration activities; and (2) ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans. **(d) Elements of the strategy** The estuary habitat restoration strategy shall include proposals, methods, and guidance on— (1) maximizing the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration projects and the use of Federal resources to encourage increased private sector involvement in estuary habitat restoration activities; (2) ensuring that the estuary habitat restoration strategy will be implemented in a manner that is consistent with the estuary management or habitat restoration plans; (3) promoting estuary habitat restoration projects to— (A) provide healthy ecosystems in order to support— (i) wildlife, including endangered and threatened species, migratory birds, and

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2905

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2906 — Monitoring of estuary habitat restoration projects

**(a) Under Secretary** In this section, the term “Under Secretary” means the Under Secretary for Oceans and Atmosphere of the Department of Commerce. **(b) Database of restoration project information** The Under Secretary, in consultation with the Council, shall develop and maintain an appropriate database of information concerning estuary habitat restoration projects carried out under this chapter, including information on project techniques, project completion, monitoring data, and other relevant information. **(c) Monitoring data standards** The Under Secretary, in consultation with the Council, shall develop standard data formats for monitoring projects, along with requirements for types of data collected and frequency of monitoring. **(d) Coordination of data** The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of information that pertains to estuary habitat restoration projects from other Federal, State, and local sources and that meets the quality control requirements and data standards established under this section. **(e) Use of existing programs** The Under Secretary shall use existing programs within the National Oceanic and Atmospheric Administration to create and maintain the database required under this section. **(f) Public availability** The Under Secretary shall make the information collected and maintained under this section available to the public.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2902 — Definitions

In this chapter, the following definitions apply: (1) **Council** — The term “Council” means the Estuary Habitat Restoration Council established by [section 2904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2904&num=0&edition=prelim). (2) **Estuary** — The term “estuary” means a part of a river or stream or other body of water that has an unimpaired connection with the open sea and where the sea water is measurably diluted with fresh water derived from land drainage. The term also includes near coastal waters and wetlands of the Great Lakes that are similar in form and function to estuaries, including the area located in the Great Lakes biogeographic region and designated as a National Estuarine Research Reserve under the Coastal Zone Management Act of 1972 ([16 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1451&num=0&edition=prelim) et seq.) as of November 7, 2000. (3) **Estuary habitat** — The term “estuary habitat” means the physical, biological, and chemical elements associated with an estuary, including the complex of physical and hydrologic features and living organisms within the estuary and associated ecosystems. (4) **Estuary habitat restoration activity** (A) *In general* — The term “estuary habitat restoration activity” means an activity that results in improving degraded estuaries or estuary habitat or creating estuary habitat (including both physical and functional restoration), with the goal of attaining a self-sustaining system integrated into the surrounding landscape. (B) *Included activities* — The term “estuary habitat restoration activity” includes— (i) the reestablishment of chemical, physical, hydrologic, and biological features and components as

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2902

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2904 — Establishment of Estuary Habitat Restora-

Page 923 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2904 under this chapter shall include lands, ease- ments, rights-of-way, and relocations and may include services (including monitoring), or any other form of in-kind contribution determined by the Secretary to be an appropriate con- tribution equivalent to the monetary amount required for the non-Federal share of the ac- tivity. (4) Operation and maintenance The non-Federal interests shall be respon- sible for all costs associated with operating, maintaining, replacing, repairing, and reha- bilitating all projects carried out under this section. (e) Interim actions (1) In general Pending completion of the estuary habitat restoration strategy to be developed under section 2905 of this title, the Secretary may take interim actions to carry out an estuary habitat restoration activity. (2) Federal share The Federal share of the cost of an estuary habitat restoration activity before the com- pletion of the estuary habitat restoration strategy shall not exceed 25 percent of such cost. (f) Cooperation of non-Federal interests (1) In general The Secretary may not carry out an estuary habitat restoration project until a non-Fed- eral interest has entered into a written agree- ment with the Secretary in which the non- Federal interest agrees to— (A) provide all lands, easements, rights-of- way, and relocations and any other elements the Secretary determines appropriate under subsection (d)(3); and (B) provide for long-term maintenance and monitoring of the project. (2) Nongovernmental organizations Notwithstanding section 1962d–5b(b) of title 42, for any project to be undertaken under this chapter, the Secretary, in consultation and co- ordination with appropriate State and local governmental ag

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2904

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