33 U.S.C. § 2902 — Definitions

Page 921 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2902 a management agreement with a university-based con- sortium. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated— ‘‘(1) $1,000,000 for fiscal year 2001 to develop the management agreement under subsection (c); and ‘‘(2) $4,000,000 for each of fiscal years 2002, 2003, 2004, and 2005 to carry out the project. Such sums shall remain available until expended.’’ § 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. (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 simi- lar in form and function to estuaries, includ- ing the area located in the Great Lakes bio- geographic region and designated as a Na- tional Estuarine Research Reserve under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) as of November 7, 2000. (3) Estuary habitat The term ‘‘estuary habitat’’ means the phys- ical, biological, and chemical elements associ- ated with an estuary, including the complex of physical and hydrologic features and living or- ganisms within the estuary and associated ecosystems. (4) Estuary habitat restoration activity (A) In general The term ‘‘estuary habitat restoration ac- tivity’’ means an activity that results in im- proving degraded estuaries or estuary habi- tat 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 ac- tivity’’ includes— (i) the reestablishment of chemical, physical, hydrologic, and biological fea- tures and components associated with an estuary; (ii) except as provided in subparagraph (C), the cleanup of pollution for the benefit of estuary habitat; (iii) the control of nonnative and invasive species in the estuary; (iv) the reintroduction of species native to the estuary, including through such means as planting or promoting natural succession; (v) the construction of reefs to promote fish and shellfish production and to pro- vide estuary habitat for living resources; and (vi) other activities that improve estu- ary habitat. (C) Excluded activities The term ‘‘estuary habitat restoration ac- tivity’’ does not include an activity that— (i) constitutes mitigation required under any Federal or State law for the adverse effects of an activity regulated or other- wise governed by Federal or State law; or (ii) constitutes restoration for natural resource damages required under any Fed- eral or State law. (5) Estuary habitat restoration project The term ‘‘estuary habitat restoration project’’ means a project to carry out an estu- ary habitat restoration activity. (6) Estuary habitat restoration plan (A) In general The term ‘‘estuary habitat restoration plan’’ means any Federal, State, or regional plan for restoration of degraded estuary habitat that was developed with the substan- tial participation of appropriate public and private stakeholders. (B) Included plans and programs The term ‘‘estuary habitat restoration plan’’ includes estuary habitat restoration components of— (i) a comprehensive conservation and management plan approved under section 1330 of this title; (ii) a lakewide management plan or re- medial action plan developed under section 1268 of this title; (iii) a management plan approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); and (iv) the interstate management plan de- veloped pursuant to the Chesapeake Bay program under section 1267 of this title. (7) Indian tribe The term ‘‘Indian tribe’’ has the meaning given such term by section 5304 of title 25. (8) Non-Federal interest The term ‘‘non-Federal interest’’ means a State, a political subdivision of a State, an In- dian tribe, a regional or interstate agency, or, as provided in section 2903(f)(2) of this title, a nongovernmental organization. (9) Secretary The term ‘‘Secretary’’ means the Secretary of the Army. (10) State The term ‘‘State’’ means the States of Ala- bama, Alaska, California, Connecticut, Dela- ware, Florida, Georgia, Hawaii, Illinois, Indi- ana, Louisiana, Maine, Maryland, Massachu- setts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, Wash- ington, and Wisconsin, the District of Colum- bia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Is- lands, the United States Virgin Islands, Amer- ican Samoa, and Guam. Page 922 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2903 (Pub. L. 106–457, title I, § 103, Nov. 7, 2000, 114 Stat. 1958; Pub. L. 110–114, title V, § 5017(b), Nov. 8, 2007, 121 Stat. 1197.) Editorial Notes REFERENCES IN TEXT The Coastal Zone Management Act of 1972, referred to in pars. (2) and (6)(B)(iii), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. AMENDMENTS 2007—Par. (6)(A). Pub. L. 110–114 substituted ‘‘Federal, State, or regional’’ for ‘‘Federal or State’’. § 2903. Estuary habitat restoration program (a) Establishment There is established an estuary habitat res- toration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter. (b) Origin of projects A proposed estuary habitat restoration project shall originate from a non-Federal interest con- sistent with State or local laws. (c) Selection of projects (1) In general The Secretary shall select estuary habitat restoration projects from a list of project pro- posals submitted by the Estuary Habitat Res- toration Council under section 2904(b) of this title. (2) Required elements Each estuary habitat restoration project se- lected by the Secretary must— (A) address restoration needs identified in an estuary habitat restoration plan; (B) be consistent with the estuary habitat restoration strategy developed under section 2905 of this title; (C) include a monitoring plan that is con- sistent with standards for monitoring devel- oped under section 2906 of this title to ensure that short-term and long-term restoration goals are achieved; and (D) include satisfactory assurance from the non-Federal interests proposing the project that the non-Federal interests will have adequate personnel, funding, and au- thority to carry out items of local coopera- tion and properly maintain the project. (3) Factors for selection of projects In selecting an estuary habitat restoration project, the Secretary shall consider the fol- lowing factors: (A) Whether the project is part of an ap- proved Federal or State estuary manage- ment or habitat restoration plan. (B) The technical feasibility of the project. (C) The scientific merit of the project. (D) Whether the project will encourage in- creased coordination and cooperation among Federal, State, and local government agen- cies. (E) Whether the project fosters public-pri- vate partnerships and uses Federal resources to encourage increased private sector in- volvement, including consideration of the amount of private funds or in-kind contribu- tions for an estuary habitat restoration ac- tivity. (F) Whether the project is cost-effective. (G) Whether the State in which the non- Federal interest is proposing the project has a dedicated source of funding to acquire or restore estuary habitat, natural areas, and open spaces for the benefit of estuary habi- tat restoration or protection. (H) Other factors that the Secretary deter- mines to be reasonable and necessary for consideration. (4) Priority In selecting estuary habitat restoration projects to be carried out under this chapter, the Secretary shall give priority consideration to a project if, in addition to meriting selec- tion based on the factors under paragraph (3)— (A) the project occurs within a watershed in which there is a program being carried out that addresses sources of pollution and other activities that otherwise would re-im- pair the restored habitat; or (B) the project includes pilot testing of or a demonstration of an innovative technology or approach having the potential for im- proved cost-effectiveness in estuary habitat restoration. (d) Cost sharing (1) Federal share (A) In general Except as provided in paragraph (2) and subsection (e)(2), the Federal share of the cost of an estuary habitat restoration project (other than the cost of operation and maintenance of the project) carried out under this chapter shall not exceed 65 per- cent of such cost. (B) Monitoring (i) Costs The costs of monitoring an estuary habi- tat restoration project funded under this chapter may be included in the total cost of the estuary habitat restoration project. (ii) Goals The goals of the monitoring shall be— (I) to measure the effectiveness of the restoration project; and (II) to allow adaptive management to ensure project success. (2) Innovative technology costs The Federal share of the incremental addi- tional cost of including in a project pilot test- ing of or a demonstration of an innovative technology or approach described in sub- section (c)(4)(B) shall be 85 percent. (3) Non-Federal share The non-Federal share of the cost of an estu- ary habitat restoration project carried out