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

Page 924 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2905 1 So in original. The comma probably should not appear. (1) soliciting, reviewing, and evaluating project proposals and developing recommenda- tions concerning such proposals based on the factors specified in section 2903(c)(3) of this title; (2) submitting to the Secretary a list of rec- ommended 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; (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 pur- poses of this chapter and, as necessary, updat- ing the national strategy; (5) providing advice on the development of the database, monitoring standards, and re- port required under sections 2906 and 2907 of this title; (6) cooperating in the implementation of the strategy developed under section 2905 of this title; (7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 2906 of this title; and (8) otherwise using the respective authori- ties 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 des- ignee). (2) The Under Secretary for Oceans and At- mosphere 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 des- ignee). (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 com- pensation for their service as members of the Council. (e) Chairperson The chairperson shall be elected by the Coun- cil 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 meet- ing 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 appro- priate to ensure that this chapter is fully car- ried out, but not less often than annually. (g) Council procedures The Council shall establish procedures for vot- ing, 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 es- tuary habitat restoration, representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary or estuary habitat res- toration, 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; 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 feasi- bility of a project. (Pub. L. 106–457, title I, § 105, Nov. 7, 2000, 114 Stat. 1962; Pub. L. 110–114, title V, § 5017(d), Nov. 8, 2007, 121 Stat. 1198.) Editorial Notes AMENDMENTS 2007—Subsec. (b)(6) to (8). Pub. L. 110–114 added pars. (6) to (8). § 2905. Estuary habitat restoration strategy (a) In general Not later than 1 year after November 7, 2000, the Council, 1 shall develop an estuary habitat restoration strategy designed to ensure a com- prehensive approach to maximize benefits de- rived 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 restora- tion 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 pro- grams established under other laws that au- thorize funding for estuary habitat restoration activities; and (2) ensure that the estuary habitat restora- tion strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans. Page 925 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2907 (d) Elements of the strategy The estuary habitat restoration strategy shall include proposals, methods, and guidance on— (1) maximizing the incentives for the cre- ation 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 estu- ary habitat restoration activities; (2) ensuring that the estuary habitat res- toration 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 resident species of an estuary watershed; and (ii) fish and shellfish, including commer- cial and recreational fisheries; (B) improve surface and ground water quality and quantity, and flood control; (C) provide outdoor recreation; and (D) address other areas of concern that the Council determines to be appropriate for consideration; (4) addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat; (5) measuring the rate of change for each type of estuary habitat; (6) selecting a balance of smaller and larger estuary habitat restoration projects; and (7) ensuring equitable geographic distribu- tion of projects funded under this chapter. (e) Public review and comment Before the Council adopts a final or revised es- tuary habitat restoration strategy, the Sec- retary shall publish in the Federal Register a draft of the estuary habitat restoration strategy and provide an opportunity for public review and comment. (f) Periodic revision Using data and information developed through project monitoring and management, and other relevant information, the Council may periodi- cally review and update, as necessary, the estu- ary habitat restoration strategy. (Pub. L. 106–457, title I, § 106, Nov. 7, 2000, 114 Stat. 1963.) § 2906. Monitoring of estuary habitat restoration projects (a) Under Secretary In this section, the term ‘‘Under Secretary’’ means the Under Secretary for Oceans and At- mosphere of the Department of Commerce. (b) Database of restoration project information The Under Secretary, in consultation with the Council, shall develop and maintain an appro- priate database of information concerning estu- ary habitat restoration projects carried out under this chapter, including information on project techniques, project completion, moni- toring 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 respon- sibilities to carry out this chapter and in sup- port of the strategy developed under this sec- tion, 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 pro- grams within the National Oceanic and Atmos- pheric Administration to create and maintain the database required under this section. (f) Public availability The Under Secretary shall make the informa- tion collected and maintained under this section available to the public. (Pub. L. 106–457, title I, § 107, Nov. 7, 2000, 114 Stat. 1964; Pub. L. 110–114, title V, § 5017(e), Nov. 8, 2007, 121 Stat. 1198.) Editorial Notes AMENDMENTS 2007—Subsec. (d). Pub. L. 110–114 substituted ‘‘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’’ for ‘‘compile’’. § 2907. Reporting (a) In general Not later than September 30, 2008, and every 2 years thereafter, the Secretary, after consid- ering the advice and recommendations of the Council, shall transmit to Congress a report on the results of activities carried out under this chapter. (b) Contents of report A report under subsection (a) shall include— (1) data on the number of acres of estuary habitat restored under this chapter, including descriptions of, and partners involved with, projects selected, in progress, and completed under this chapter that comprise those acres; (2) information from the database estab- lished under section 2906(b) of this title related to ongoing monitoring of projects to ensure that short-term and long-term restoration goals are achieved; (3) an estimate of the long-term success of varying restoration techniques used in car- rying out estuary habitat restoration projects; (4) a review of how the information described in paragraphs (1) through (3) has been incor- porated in the selection and implementation of estuary habitat restoration projects;