33 U.S.C. § 2901 — Purposes

Page 920 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2805 ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of ref- erences to Committee on Merchant Marine and Fish- eries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. § 2805. Authorization of appropriations (a) NOAA authorization For development and implementation of pro- grams under this chapter, including financial as- sistance to non-Federal agencies and institu- tions to support implementation of intensive monitoring programs under section 2803(d) of this title, there is authorized to be appropriated to the Under Secretary amounts not to exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal year 1994, $10,000,000 for fiscal year 1995, and $12,000,000 for fiscal year 1996. (b) EPA authorization For development and implementation of pro- grams under this chapter, including financial as- sistance to non-Federal agencies and institu- tions to support implementation of intensive monitoring programs under section 2803(d) of this title, there is authorized to be appropriated to the Administrator amounts not to exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal year 1994, and $10,000,000 for fiscal year 1995, and $12,000,000 for fiscal year 1996. (Pub. L. 92–532, title V, § 505, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4299.) CHAPTER 42—ESTUARY RESTORATION Sec. 2901. Purposes. 2902. Definitions. 2903. Estuary habitat restoration program. 2904. Establishment of Estuary Habitat Restora- tion Council. 2905. Estuary habitat restoration strategy. 2906. Monitoring of estuary habitat restoration projects. 2907. Reporting. 2908. Funding. 2909. General provisions. § 2901. Purposes The purposes of this chapter are— (1) to promote the restoration of estuary habitat by implementing a coordinated Fed- eral approach to estuary habitat restoration activities, including the use of common moni- toring standards and a common system for tracking restoration acreage; (2) to develop and implement a national es- tuary habitat restoration strategy for creating and maintaining effective estuary habitat res- toration partnerships among public agencies at all levels of government and to establish new partnerships between the public and pri- vate sectors; (3) to provide Federal assistance for estuary habitat restoration projects through coopera- tive agreements and to promote efficient fi- nancing of such projects; and (4) to develop and enhance monitoring and research capabilities through the use of the environmental technology innovation program associated with the National Estuarine Re- search Reserve System established by section 1461 of title 16 to ensure that estuary habitat restoration efforts are based on sound sci- entific understanding and innovative tech- nologies. (Pub. L. 106–457, title I, § 102, Nov. 7, 2000, 114 Stat. 1958; Pub. L. 110–114, title V, § 5017(a), Nov. 8, 2007, 121 Stat. 1197.) Editorial Notes AMENDMENTS 2007—Par. (1). Pub. L. 110–114, § 5017(a)(1), inserted ‘‘by implementing a coordinated Federal approach to estu- ary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage’’ before semicolon at end. Par. (2). Pub. L. 110–114, § 5017(a)(2), inserted ‘‘and im- plement’’ after ‘‘to develop’’. Par. (3). Pub. L. 110–114, § 5017(a)(3), inserted ‘‘through cooperative agreements’’ after ‘‘restoration projects’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–457, § 1(a), Nov. 7, 2000, 114 Stat. 1957, pro- vided that: ‘‘This Act [enacting this chapter, sections 1273 and 1300 of this title, and sections 277d–43 to 277d–46 of Title 22, Foreign Relations and Intercourse, amend- ing sections 1263a, 1267, 1269, 1324, and 1330 of this title, and enacting provisions set out as notes under this sec- tion, sections 1251 and 1267 of this title, and section 277d–43 of Title 22] may be cited as the ‘Estuaries and Clean Waters Act of 2000’.’’ Pub. L. 106–457, title I, § 101, Nov. 7, 2000, 114 Stat. 1958, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Estuary Restoration Act of 2000’.’’ PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS Pub. L. 106–457, title IX, § 901, Nov. 7, 2000, 114 Stat. 1981, provided that: ‘‘(a) IN GENERAL.—It is the sense of Congress that, to the extent practicable, all equipment and products pur- chased with funds made available under this Act [see Short Title note above] should be American made. ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—The head of each Federal Agency [sic] providing financial assist- ance under this Act, to the extent practicable, shall provide to each recipient of the assistance a notice de- scribing the statement made in subsection (a).’’ LONG-TERM ESTUARY ASSESSMENT Pub. L. 106–457, title IX, § 902, Nov. 7, 2000, 114 Stat. 1981, provided that: ‘‘(a) IN GENERAL.—The Secretary of Commerce (act- ing through the Under Secretary for Oceans and At- mosphere) and the Secretary of the Interior (acting through the Director of the Geological Survey) may carry out a long-term estuary assessment project (in this section referred to as the ‘project’) in accordance with the requirements of this section. ‘‘(b) PURPOSE.—The purpose of the project shall be to establish a network of strategic environmental assess- ment and monitoring projects for the Mississippi River south of Vicksburg, Mississippi, and the Gulf of Mexico, in order to develop advanced long-term assessment and monitoring systems and models relating to the Mis- sissippi River and other aquatic ecosystems, including developing equipment and techniques necessary to im- plement the project. ‘‘(c) MANAGEMENT AGREEMENT.—To establish, oper- ate, and implement the project, the Secretary of Com- merce and the Secretary of the Interior may enter into 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.